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§4104. Commencement of a proceeding

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/23)

1.  Venue and jurisdiction.  Proceedings under this chapter must be filed, heard and determined in the District Court of the division:  

A. In which the plaintiff or defendant resides; or   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

B. If the plaintiff has left the plaintiff’s residence to avoid abuse, of the plaintiff’s previous residence or new residence.   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

If a District Court Judge is not available in the division in which a complaint requesting a temporary order is to be filed, the complaint may be presented to another District Court Judge or to any Superior Court Justice. A Superior Court Justice has the same authority as a District Court Judge to grant or deny the temporary order.  

[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

2.  Filing.  A person may seek relief by filing a complaint alleging the abuse or conduct that makes the plaintiff eligible to seek protection pursuant to section 4103. The complaint need only include a short and plain statement showing that the plaintiff is entitled to relief.  

[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]

SECTION HISTORY

PL 2021, c. 647, Pt. A, §3 (NEW). PL 2021, c. 647, Pt. B, §65 (AFF).