J.L. v. B.Z. (2025)

MEMORANDUM AND ORDER PURSUANT TO RULE 23.0

The defendant, B.Z., appeals from a harassment prevention order issued in favor of the plaintiff, J.L.,² and against B.Z., at a hearing after notice in the District Court.³ See G. L. c. 258E, § 3. We affirm.

1. Background. Given the limited record on appeal, our summary of the background in this case is necessarily brief. On April 16, 2024, a District Court judge issued an ex parte harassment prevention order against B.Z., presumably based on the affidavit supporting J.L.’s complaint, in which J.L. averred that B.Z. had committed three or more acts of harassment against him. See G. L. c. 258E, § 1; Gassman v. Reason, 90 Mass. App. Ct. 1, 7 (2016). On April 24, 2024, a different judge held a two-party hearing after notice to B.Z. J.L. and B.Z. both appeared at that hearing. We have no transcript of the hearing, and the record does not otherwise reflect what was said, or whether any nontestimonial evidence was presented to the judge.⁴ Ultimately, the judge extended the order for six months (order after notice).

2. Discussion. Putting aside any other infirmities in B.Z.’s briefing, we are unable to decide the merits of B.Z.’s claims without a transcript of the hearing after notice. B.Z. did not include this (or any) transcript in the appellate record, however.

“An appellant's obligation to include those parts of the trial transcript and copies of motions ‘which are essential for review of the issues raised on appeal ․ is a fundamental and long-standing rule of appellate civil practice.’ ” Cameron v. Carelli, 39 Mass. App. Ct. 81, 84 (1995), quoting Shawmut Community Bank, N.A. v. Zagami, 30 Mass. App. Ct. 371, 372-373 (1991), S.C., 411 Mass. 807 (1992) and 419 Mass. 220 (1994). See Mass. R. A. P. 8 (a)-(c), as appearing in 481 Mass. 1611 (2019); Mass. R. A. P. 18 (a), as appearing in 481 Mass. 1637 (2019). See also Openshaw v. Openshaw, 493 Mass. 599, 611 n.21 (2024), quoting Commonwealth v. Woods, 419 Mass. 366, 371 (1995) (“The burden is on the appellant to ensure that an adequate record exists for an appellate court to evaluate”). On appeal, B.Z. contends that the judge “stopped [him]” before he was able to present his defense. Without a transcript of the hearing after notice, we cannot determine whether the judge gave B.Z. an adequate opportunity to present his case, or whether the order had a proper factual and legal foundation. Because we can do no more than speculate about the merits of B.Z.’s claims on this record, see Shawmut Community Bank, N.A., 411 Mass. at 811, we are constrained to affirm the order B.Z. challenges. Contrast Matter of M.C., 481 Mass. 336, 345 (2019), quoting Commonwealth v. Bottiglio, 357 Mass. 593, 597 (1970) (record, although incomplete, sufficient to permit appellate review where appellate court was not required to “resort to speculation”).

Order entered on April 24, 2024, extending harassment prevention order, affirmed.

FOOTNOTES

2.   J.L. did not appear in this appeal.

3.   B.Z. also requests that we issue an abuse prevention order in his favor and against J.L. We lack the authority to issue such an order in the first instance, however. See G. L. c. 258E, § 2 (jurisdiction limited to Superior Court, District Court, Boston Municipal Court, and Juvenile Court).

4.   B.Z. represents himself on appeal. In his informal record appendix, he includes copies of police reports and text messages in English and Chinese. We are unable to determine whether any of these documents were presented to the judge who issued the order after notice.