Maine Revised Statutes Title 19-A Sec. 4109 – Hearings
Current as of: 2023 | Check for updates
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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).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 4109
- Abuse: means the occurrence of the following acts:
A. See Maine Revised Statutes Title 19-A Sec. 4102Allegation: something that someone says happened. Complaint: 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. Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Plaintiff: The person who files the complaint in a civil lawsuit.
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).