Silva v. Carmel, SJC - 11438 (2014)
Apr 18, 2014OUTCOME: See details
Frederick M. Misilo, Jr. and Marisa W. Higgins recently prevailed in an appeal in the Supreme Judicial Court of Massachusetts in the case of Silva v. Carmel, SJC–11438 (2014). In an April 18, 2014 de ... cision, the Supreme Judicial Court vacated a 209A Abuse Prevention Order entered against Nancy Carmel, an individual with intellectual disabilities, who resided with the alleged victim in a residential program under the auspices of the Department of Developmental Services (“DDS”). On behalf of Nancy Carmel, Mr. Misilo argued that persons residing together in a residential program regulated by DDS are not household members and do not qualify for the protections offered under the Abuse Prevention Statute (G.L. c. 209A). In this case, the parties were not related by blood or marriage and did not have any family-like connection. Indeed, the only connection between these parties, and the reason they resided in the same residential program, was due to the services each requires as a result of their respective intellectual disabilities. The Supreme Judicial Court unanimously agreed, holding that ”individuals who share a common diagnosis or status, rather than marriage, blood, or other relationships that are enumerated in G.L. c. 209A, § 1, and who live together in a State-licensed residential facility, do not qualify as ‘household members’ within the meaning of G.L. c. 209A, § 1,” Atty. Misilo argued the appeal to a full court panel on February 6, 2014.
