M. S. v. J. B.

Mass. G.L. c. 209A(l)b provides for ex-parte restraining orders, records of which are maintained regardless of whether the order is vacated following a two-party hearing. In Vaccaro v. Vaccaro, 425 Mass. 153, 157-158 (1997) the Massachusetts Supreme Judi­ cial Court found that “there is no statute that permits an order’s record ... to be expunged from the state­ wide system.” The question presented is: Does Mass. G.L. c. 209A(l)b prima facie infringe a defendant’s 5th and 14th Amendment rights to due process and equal protection, with no remedy, by making the record of a vacated ex-parte restraining order, that did not survive two-party scrutiny, available to courts and law enforcement, which, respectively, may use it to assess a false impression of dangerousness in a traffic stop or as a reason to withhold bail in regard to the defendant.