M.L. v. D.W. (2020)

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

The pro se defendant appeals from a one-year order entered after an evidentiary hearing pursuant to G. L. c. 209A, that requires him to stay away from, not abuse, and not contact the plaintiff, who is his former girlfriend. In essence, the defendant argues: (1) the plaintiff was not entitled to an abuse prevention order because the requirements of c. 209A were not met where the plaintiff failed to prove that she had a reasonable fear of physical abuse from the defendant; and (2) the plaintiff committed fraud on the court. The plaintiff has not filed a brief. We affirm.

Although the defendant is pro se, he is required to provide us with an appellate record that is sufficient to consider and decide his claims. “[T]he rules bind a pro se litigant as they bind other litigants.” Mmoe v. Commonwealth, 393 Mass. 617, 620 (1985). Where, as here, the defendant “urge[s] on appeal that a finding or conclusion is unsupported by the evidence or is contrary to the evidence, he shall include in the record a transcript of all evidence relevant to such finding or conclusion.” Mass. R. A. P. 8 (b) (1), as appearing in 481 Mass. 1611 (2019). The Municipal Court docket does not indicate that the defendant ordered the transcript of the hearing below. Moreover, no transcript is included in the appellate record, despite the defendant's obligation, under Mass. R. A. P. 9 (a), as appearing in 481 Mass. 1615, to include all materials necessary to our consideration of his arguments. See Cameron v. Carelli, 39 Mass. App. Ct. 81, 84 (1995), quoting Shawmut Community Bank, Nat. Ass'n v. Zagami, 30 Mass. App. Ct. 371, 372-373 (1991) (“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 longstanding rule of appellate civil practice’ ”). Since an error will not be presumed in the absence of an adequate record, see Connolly v. Connolly, 400 Mass. 1002, 1002 (1987), we affirm the order dated August 20, 2019.

So ordered.

Affirmed.