§4001. Purposes (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) The court shall liberally construe and apply this chapter to promote the following underlying purposes: [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Recognition. To recognize domestic abuse as a serious […]
§4002. Definitions (CONFLICT) (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).] 1. Abuse. “Abuse” means the occurrence […]
§4003. Filing of complaint; jurisdiction (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) Proceedings under this chapter must be filed, heard and determined in the District Court of the division in which either the plaintiff or the defendant resides. If the plaintiff has left the plaintiff’s residence to avoid abuse, the […]
§4004. Application of other acts (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) The provisions and limitations of the Uniform Child Custody Jurisdiction and Enforcement Act apply to a proceeding under this chapter regardless of whether it is joined with another proceeding under section 4010, subsection 2. [PL 1999, c. […]
§4005. Commencement of proceeding (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) 1. Filing. An adult who has been abused, as defined in section 4002, subsection 1, by a family or household member, a dating partner or an individual related by consanguinity or affinity may seek relief by filing a complaint […]
§4006. Hearings (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 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 by a preponderance of the evidence. If a request for temporary, emergency or interim […]
§4007. Relief (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) 1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the alleged abuse as defined in section 4002, subsection 1 or engaged in the alleged conduct described in section 4005, subsection 1, may […]
§4008-A. Access to certain private images and written information (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) Access to and dissemination of certain private images as described in Title 17‑A, section 511‑A and any written information describing and directly pertaining to the images contained in court records are governed by rule […]
§4008. Identifying information sealed (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) 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 […]
§4009. Notification (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) The clerk shall issue, without fee, a copy of an order, agreement, amendment or revocation to the plaintiff, the defendant and to the law enforcement agencies most likely to enforce it as determined by the court. [PL 1995, c. 694, […]
§4010. Procedure (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) 1. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings must be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as provided by the Maine Rules of Civil Procedure. Appeals may be only for […]
§4011. Violation (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 1/01/23) 1. Crime committed. Except as provided in subsections 2, 4 and 5, violation of the following 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 […]
§4012. 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 1995, c. 694, Pt. B, […]
§4013. Maine Commission on Domestic and Sexual Abuse (CONFLICT) (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 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 2001, c. 240, §2 […]
§4014. Certified domestic violence intervention programs (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE UNTIL 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 […]
