§4101. Purposes (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) The court shall liberally construe and apply this chapter to promote the following underlying purposes: [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] 1. Recognition. To recognize domestic abuse as a serious crime […]
§4102. Definitions (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] 1. Abuse. “Abuse” means the occurrence of the […]
§4103. Eligibility (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) The following persons are eligible to seek relief under this chapter: [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).] 1. Adult. An adult: A. Who has been a victim of abuse as […]
§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 […]
§4105. Other proceedings (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act applies to a proceeding under this chapter regardless of whether it is joined with another proceeding under subsection 2. [PL 2021, c. 647, Pt. […]
§4106. Procedures (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Assistance. The following assistance from the court is available. A. The court shall provide forms and clerical assistance to either party in completing and filing a complaint or other necessary documents. The assistance may not include legal advice or assistance […]
§4107. Service of order (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) If the court issues an order under this chapter, the court shall order an appropriate law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 […]
§4108. Temporary orders (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Temporary orders. The court may enter temporary orders authorized under subsection 2 that it considers necessary to protect a plaintiff or minor child from abuse, on good cause shown in an ex parte proceeding, which the court shall hear and […]
§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 […]
§4110. Relief (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Final protection order. The court, after a hearing or opportunity for hearing and upon finding that the defendant has committed the abuse or conduct specified in section 4103, may grant a final protection order to bring about the cessation of the […]
§4111. Modifying and extending orders (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Extension. The court may extend a final protection order issued under this chapter at the time of expiration, upon motion of the plaintiff, for such additional time as the court determines necessary to protect the plaintiff or minor […]
§4112. Sealing (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Identifying information. If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed by the clerk […]
§4113. Violation (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Crime committed. Except as provided in subsections 2, 4 and 5, violation of an order is a Class D crime when the defendant has prior actual notice, which may be notice by means other than service in hand, of the order. […]
§4114. Law enforcement agency responsibilities (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Reports. A law enforcement agency shall report all incidents of abuse by adults of family or household members as required by the State Bureau of Identification under Title 25, section 1544. [PL 2021, c. 647, Pt. A, […]
§4115. Maine Commission on Domestic and Sexual Abuse (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) There is created the Maine Commission on Domestic and Sexual Abuse, as established by Title 5, section 12004‑I, subsection 74‑C, referred to in this section as “the commission.” [PL 2021, c. 647, Pt. A, §3 […]
§4116. Certification of domestic violence intervention programs (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/01/23) 1. Rules establishing standards and procedures for certification. The Department of Corrections, referred to in this section as “the department,” shall adopt rules pursuant to the Maine Administrative Procedure Act, in consultation with the Maine Commission on […]
