Maine Revised Statutes > Title 19-A > Part 4 – Protection From Abuse
Current as of: 2023 | Check for updates
|
Other versions
| Sections | ||
|---|---|---|
| Chapter 103 | Protection From Abuse | 4101 – 4116 |
Terms Used In Maine Revised Statutes > Title 19-A > Part 4 - Protection From Abuse
- Abuse: means the occurrence of the following acts:
A. See Maine Revised Statutes Title 19-A Sec. 4102Adult: means a person 18 years of age or older or a person under 18 years of age who is emancipated pursuant to Title 15, section 3506?A. See Maine Revised Statutes Title 19-A Sec. 4102 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agricultural products: include floricultural, horticultural, viticultural, forestry, nut, dairy, livestock, poultry, bee and any farm products. See Maine Revised Statutes Title 13 Sec. 1774 Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal. Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Attorney-at-law: A person who is legally qualified and licensed to practice law, and to represent and act for clients in legal proceedings. Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed. Board: means the board of trustees, established under section 12004?F, subsection 9, to administer the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 board of directors: means the directors of the jail authority. See Maine Revised Statutes Title 30-A Sec. 1802 Cable television company: means any person owning, controlling, operating, managing or leasing a cable television system within the State. See Maine Revised Statutes Title 30-A Sec. 2001 Cable television system: means any facility that, in whole or in part, receives directly or indirectly over the air, amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes those signals by wire or cable to subscribing members of the public who pay for that service. See Maine Revised Statutes Title 30-A Sec. 2001 Car sharing delivery period: means the period of time during which a shared vehicle is being delivered to the location of the car sharing start time, if applicable, as documented by the governing car sharing program agreement. See Maine Revised Statutes Title 24-A Sec. 7402 Car sharing period: means the time period that commences with the car sharing delivery period or, if there is no delivery period, that commences with the car sharing start time and in either case ends at the car sharing termination time. See Maine Revised Statutes Title 24-A Sec. 7402 Car sharing program agreement: means an agreement describing the terms and conditions applicable to a shared vehicle owner and a shared vehicle driver that govern the use of a shared vehicle through a program. See Maine Revised Statutes Title 24-A Sec. 7402 Car sharing start time: means the time when a shared vehicle becomes subject to the control of a shared vehicle driver, which must be at or after the time the reservation of the shared vehicle is scheduled to begin as documented in the records of a program. See Maine Revised Statutes Title 24-A Sec. 7402 Car sharing termination time: means the time of the earliest of the following events:
A. See Maine Revised Statutes Title 24-A Sec. 7402Client company: means a person, association, partnership, corporation or other entity that leases employees from an employee leasing company pursuant to contract. See Maine Revised Statutes Title 32 Sec. 14051 Commissioner: means the Commissioner of Health and Human Services, a designee or an authorized representative. See Maine Revised Statutes Title 19-A Sec. 101 Commissioner: means the Commissioner of Labor. See Maine Revised Statutes Title 32 Sec. 14051 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Counterclaim: A claim that a defendant makes against a plaintiff. County: means either Lincoln County or Sagadahoc County, and "counties" means both Lincoln County and Sagadahoc County. See Maine Revised Statutes Title 30-A Sec. 1802 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 Dam: means any human-made artificial barrier, including appurtenant works, the site on which it is located and appurtenant rights of flowage and access, that impounds or diverts a river, stream or great pond and that is 2 feet or more in height and has an impounding capacity at maximum water storage elevation of 15 acre-feet or more. See Maine Revised Statutes Title 38 Sec. 817 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Dating partners: means individuals currently or formerly involved in dating each other, whether or not the individuals are or were sexual partners. See Maine Revised Statutes Title 19-A Sec. 4102 Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Health and Human Services and its agents and authorized representatives. See Maine Revised Statutes Title 19-A Sec. 101 Dependent: A person dependent for support upon another. Digital network: means any online-enabled application, software, website or system offered or used by a transportation network company that enables the provision of prearranged rides by transportation network company drivers. See Maine Revised Statutes Title 24-A Sec. 7302 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. domestic partners: means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare. See Maine Revised Statutes Title 19-A Sec. 4102 driver: means an individual who:
A. See Maine Revised Statutes Title 24-A Sec. 7302Economic abuse: means causing or attempting to cause an individual to be financially dependent by maintaining control over the individual's financial resources, including, but not limited to, unauthorized or coerced use of credit or property, withholding access to money or credit cards, forbidding attendance at school or employment, stealing from or defrauding an individual of money or assets, exploiting the individual's resources for personal gain of the defendant or withholding physical resources such as food, clothing, necessary medications or shelter. See Maine Revised Statutes Title 19-A Sec. 4102 Employee leasing company: means a sole proprietorship, partnership, corporation or other form of business entity, a substantial portion of the business of which consists of leasing employees to one or more client companies under contractual arrangements that are characterized by the following. See Maine Revised Statutes Title 32 Sec. 14051 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Ex officio: Literally, by virtue of one's office. Family or household members: means :
A. See Maine Revised Statutes Title 19-A Sec. 4102Federal Government: means the United States of America or any agency or instrumentality, corporate or otherwise, of the United States of America. See Maine Revised Statutes Title 30-A Sec. 2001 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Funded debt: means an obligation for the payment of which some fund is set aside. See Maine Revised Statutes Title 30-A Sec. 2001 General obligation security: means a note, bond or other certificate of indebtedness to the payment of which is pledged the full faith and credit of the issuing body. See Maine Revised Statutes Title 30-A Sec. 2001 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Handler: means any person engaged in the business or practice of:
A. See Maine Revised Statutes Title 13 Sec. 1955Home rule authority: means the powers granted to municipalities under chapter 111; section 3001; and the Constitution of Maine, Article VIII, Part Second. See Maine Revised Statutes Title 30-A Sec. 2001 In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty. in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC Independent agricultural contractor: means a person who grows under contract, or who harvests or hauls forest products under contract, as the person's primary activity or as part of a general agricultural activity. See Maine Revised Statutes Title 13 Sec. 1774 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Insurer: means an insurer authorized to transact business in this State or an insurer that is authorized as a surplus lines insurer. See Maine Revised Statutes Title 24-A Sec. 7402 jail: means any land area, structure, location or equipment, or combination of them, used for the confinement of prisoners. See Maine Revised Statutes Title 30-A Sec. 1802 jail authority: means the authority formed under this chapter and Title 13, chapter 81. See Maine Revised Statutes Title 30-A Sec. 1802 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. Law enforcement agency: means a state, county, tribal, municipal or University of Maine System law enforcement agency. See Maine Revised Statutes Title 19-A Sec. 4102 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mortgagee: The person to whom property is mortgaged and who has loaned the money. Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money. municipal clerk: means the clerk of a municipality. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal legislative body: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal officers: means the mayor and municipal officers or councilors of a city, the members of the select board or councilors of a town and the assessors of a plantation. See Maine Revised Statutes Title 1 Sec. 72 Municipal officers: means :
A. See Maine Revised Statutes Title 30-A Sec. 2001Municipal official: means any elected or appointed member of a municipal government. See Maine Revised Statutes Title 30-A Sec. 2001 Municipal year: means a municipality's fiscal year as determined by the municipal officers under section 5651. See Maine Revised Statutes Title 30-A Sec. 2001 Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001 mutual order of protection or restraint: means an order that is granted to the defendant under this chapter or the inclusion of language in an order granted to a plaintiff in an action under this chapter that restricts or limits the plaintiff's conduct with regard to the defendant absent the filing of a separate complaint by the defendant, service of the summons and complaint on the plaintiff and a finding by the court that the plaintiff committed the abuse alleged in the complaint. See Maine Revised Statutes Title 19-A Sec. 4110 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Open areas: means any space or area the preservation or restriction of the use of which would:
A. See Maine Revised Statutes Title 30-A Sec. 2001Operating and governance agreement: means the documents that set the terms of the jail authority operations and structure for governance. See Maine Revised Statutes Title 30-A Sec. 1802 Order: means :
A. See Maine Revised Statutes Title 19-A Sec. 4102Parent: means the legal parent or the legal guardian when no legal parent exists. See Maine Revised Statutes Title 19-A Sec. 101 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Peer-to-peer car sharing: means the authorized use of a motor vehicle by an individual other than the registered owner through a program. See Maine Revised Statutes Title 24-A Sec. 7402 Person: 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 Person: means any individual, firm, association, partnership, corporation, trust, municipality, quasi-municipal corporation, state agency, federal agency or other legal entity. See Maine Revised Statutes Title 38 Sec. 817 Person: means an individual, corporation, partnership, firm, organization or other legal entity. See Maine Revised Statutes Title 30-A Sec. 2001 Personal property: All property that is not real property. Personal vehicle: means a vehicle that:
A. See Maine Revised Statutes Title 24-A Sec. 7302Plaintiff: The person who files the complaint in a civil lawsuit. Prearranged ride: means transportation provided by a transportation network company driver to a transportation network company rider, beginning when the driver accepts a transportation request through a digital network and ending when the rider departs from the driver's personal vehicle. See Maine Revised Statutes Title 24-A Sec. 7302 Probable cause: A reasonable ground for belief that the offender violated a specific law. program: means a business, including a business platform, that, digitally or otherwise, connects registered owners of motor vehicles with individuals to enable the sharing of motor vehicles for financial consideration. See Maine Revised Statutes Title 24-A Sec. 7402 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Provider: means a person that facilitates peer-to-peer car sharing through the ownership and operation of a peer-to-peer car sharing program. See Maine Revised Statutes Title 24-A Sec. 7402 public drain: means any sewer or drain constructed or laid by a governmental entity for the use of the public and includes both gravity and pressure mains. See Maine Revised Statutes Title 30-A Sec. 2001 Public drinking water supplier: means a public water supplier as defined by the federal Safe Drinking Water Act that provides drinking water from a source water protection area. See Maine Revised Statutes Title 30-A Sec. 2001 Real estate: means land and structures attached to it. See Maine Revised Statutes Title 30-A Sec. 2001 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Registrant: means an employee leasing company that registers under this chapter. See Maine Revised Statutes Title 32 Sec. 14051 Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Riparian proprietor: means an owner or lessee of property on the bank of a river or stream or shore of a pond or other small body of water impounded by a particular dam. See Maine Revised Statutes Title 38 Sec. 817 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sewage: means the water-carried wastes created in and carried or to be carried away from any structure together with any surface or ground water or household and industrial waste that is present. See Maine Revised Statutes Title 30-A Sec. 2001 Sewer system: includes both sewers and sewage disposal systems and all property, rights, easements and franchises relating to those sewers and sewage disposal systems. See Maine Revised Statutes Title 30-A Sec. 2001 Sewers: means and includes mains, pipes and laterals for the reception of sewage and carrying that sewage to an outfall or some part of a sewage disposal system, including pumping stations. See Maine Revised Statutes Title 30-A Sec. 2001 Shared vehicle: means a motor vehicle that is available for sharing through a peer-to-peer car sharing program. See Maine Revised Statutes Title 24-A Sec. 7402 Shared vehicle driver: means an individual authorized to use a shared vehicle by the shared vehicle owner under a car sharing program agreement. See Maine Revised Statutes Title 24-A Sec. 7402 Shared vehicle owner: means the registered owner of a shared vehicle, or a person or entity designated by the registered owner of a vehicle made available for sharing to shared vehicle drivers through a peer-to-peer car sharing program. See Maine Revised Statutes Title 24-A Sec. 7402 Sinking fund: means a fund created for the purpose of paying a debt. See Maine Revised Statutes Title 30-A Sec. 2001 Social media: means an electronic medium or service through which users create, share and view user-generated content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, online service accounts and Internet website profiles and locations. See Maine Revised Statutes Title 19-A Sec. 4102 Source water protection area: means an area that contributes recharge water to a surface water intake or public water supply well for a public drinking water supply. See Maine Revised Statutes Title 30-A Sec. 2001 state: means any state, territory or possession of the United States, the Commonwealth of Puerto Rico and the District of Columbia. See Maine Revised Statutes Title 19-A Sec. 101 Statute: A law passed by a legislature. Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Consumer Credit Protection. See Maine Revised Statutes Title 32 Sec. 14051 Temporary help services: means a service whereby an organization hires its own employees and assigns them to a 3rd party to support or supplement the 3rd party's work force in work situations such as employee absences, temporary skill shortages, seasonal work load conditions and special assignments and projects. See Maine Revised Statutes Title 32 Sec. 14051 Testimony: Evidence presented orally by witnesses during trials or before grand juries. Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Transportation network company: means a corporation, partnership, sole proprietorship or other entity operating in the State that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides. See Maine Revised Statutes Title 24-A Sec. 7302 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Venue: The geographical location in which a case is tried. Voter: means a person registered to vote. See Maine Revised Statutes Title 30-A Sec. 2001 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72