Maine Revised Statutes Title 19-A Sec. 4104 – Commencement of a proceeding
Current as of: 2023 | Check for updates
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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).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 4104
- Abuse: means the occurrence of the following acts:
A. See Maine Revised Statutes Title 19-A Sec. 4102Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Court: means a District Court and, with regard to section 4113, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 19-A Sec. 4102 Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Order: means :
A. See Maine Revised Statutes Title 19-A Sec. 4102Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity. See Maine Revised Statutes Title 19-A Sec. 101 Plaintiff: The person who files the complaint in a civil lawsuit. Venue: The geographical location in which a case is tried.
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).