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§4109. Hearings

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/23)

1.  Full hearing.  Within 21 days of the filing of a complaint, a hearing must be held at which the plaintiff must prove the allegation of abuse or conduct specified in section 4103 by a preponderance of the evidence. If a request for temporary, emergency or interim relief is denied, the hearing must be held as soon as practicable within the 21-day period. Nothing in this section limits the court’s discretion to continue the final hearing upon the court’s own motion or upon the motion of either party.  

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

2.  Self-defense.  The right to relief under this chapter is not affected by the plaintiff’s use of reasonable force in response to abuse by the defendant.  

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

3.  Intoxication.  Voluntary intoxication is not a defense to an action under this chapter.  

[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).