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Keywords

tortdefendantjurisdictionstatutehearingmotiondue process

tortplaintiffdefendantjurisdiction

Related Cases

Caplan v. Donovan, 450 Mass. 463, 879 N.E.2d 117

Facts

Ariana Caplan and David Donovan, who had previously lived together in Massachusetts, moved to Florida where Donovan allegedly became abusive. After a violent incident in May 2006, Caplan fled to Massachusetts with their child. She filed for an abuse prevention order in Massachusetts, which was granted after an ex parte hearing. Donovan, who had not returned to Massachusetts, contested the order, claiming lack of personal jurisdiction.

The plaintiff alleges that, beginning in 2004, the defendant was periodically physically abusive to her.

Issue

Did the Massachusetts court have personal jurisdiction over the nonresident defendant to issue an abuse prevention order?

Rule

A court may exercise personal jurisdiction over a nonresident only if authorized by statute and if the exercise of jurisdiction is consistent with due process. The Massachusetts long-arm statute allows jurisdiction for tortious injury caused in the Commonwealth, but mere telephone calls do not constitute such injury.

Jurisdiction is permissible only when both questions draw affirmative responses.

Analysis

The court found that the telephone calls made by Donovan to Caplan and others in Massachusetts did not amount to tortious injury sufficient to establish personal jurisdiction under the long-arm statute. The court noted that while emotional distress may have been experienced by Caplan, it did not constitute tortious injury occurring in Massachusetts. Therefore, the court concluded that it lacked personal jurisdiction over Donovan but could still issue the abuse prevention order to protect Caplan.

The mere fact of making telephone calls, even five or six calls per day, does not by itself create a tortious injury in the Commonwealth.

Conclusion

The court affirmed the parts of the abuse prevention order that prohibited Donovan from contacting or approaching Caplan and their child, but reversed the parts requiring him to surrender firearms and compensate Caplan due to lack of personal jurisdiction.

So much of the abuse prevention order that orders the defendant not to abuse the plaintiff, not to contact the plaintiff, and to stay away from the plaintiff and the plaintiff's residence, that grants custody of the child to the plaintiff, and that orders the defendant not to contact and to stay away from the child is affirmed; so much of the abuse prevention order that orders the defendant to compensate the plaintiff and surrender firearms is vacated.

Who won?

Ariana Caplan prevailed in the case as the court upheld the abuse prevention order to protect her from Donovan, despite the lack of personal jurisdiction over him.

Ariana Caplan prevailed in the case as the court upheld the abuse prevention order to protect her from Donovan.

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