SALEM, Mass. — Former North Andover police officer Kelsey Fitzsimmons is one step closer to seeing her 14-month-old son after a judge vacated the no-contact order with him Tuesday morning.
Essex County Family and Probate Court Judge Mary Black agreed to a joint stipulation with an amended restraining order that will allow Fitzsimmons, of Newburyport, to visit with her child.
Fitzsimmons and her former fiance, North Andover firefighter Justin Aylaian, of Stow, attended the hearing with their lawyers. Fitzsimmons and Aylaian will work out the visitation schedule of their son.
The amended restraining order in question maintains that Fitzsimmons is not allowed to abuse Aylaian and does not concern the baby.
Black allowed a joint stipulation that extended the abuse prevention order by 90 days. It will be revisited on July 13. Black acknowledged while the restraining order is still in place, Fitzsimmons was not admitting or agreeing to any of the allegations filed by Aylaian in the abuse prevention order.
Fitzsimmons’ custody lawyer Julie Hess said this is the first step for the two parties to try to move forward
Fitzsimmons has not seen her child in nearly 10 months. She last saw her son June 30 when she was served with an abuse-prevention order by three colleagues at her North Andover home. Aylaian filed the abuse-prevention order, which granted him temporary custody of their baby.
During the service of the restraining order, one of the officers shot Fitzsimmons in her upstairs bedroom. Fitzsimmons testified during her assault trial that she was shot in a failed suicide attempt when she felt she was losing everything. Officer Patrick Noonan testified Fitzsimmons pointed a gun at him, which prompted him to shoot her. Fitzsimmons was found not guilty of assault by means of a dangerous weapon on March 26.
In addition to the no-contact order with her child being lifted, other elements of the abuse-prevention order were vacated. Fitzsimmons is no longer ordered to stay away from Aylaian and can contact him. She is able to go near his house in Stow and near his workplace at the North Andover Fire Station. The temporary custody order of the child was also vacated under the restraining order, but Aylaian’s temporary custody of the child is in place under Massachusetts General Law.
One other part of the restraining order that remained intact included how Fitzsimmons must surrender her firearms to the North Andover Police Department.
The restraining order and custody case will next be heard in Essex County Family and Probate Court in Lawrence under Judge Jennifer Ulwick. Fitzsimmons is scheduled to appear in the Lawrence court on April 28 for a hearing on motions related to the custody order. The restraining order will be reviewed in Lawrence on July 13.