Terms Used In Maine Revised Statutes Title 5 Sec. 4652
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Court: means any District Court and, with regard to section 4659, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 5 Sec. 4651
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Harassment: means :
A. See Maine Revised Statutes Title 5 Sec. 4651
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. Plaintiff: The person who files the complaint in a civil lawsuit.
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 harassment, the plaintiff may bring an action in the division of the plaintiff’s previous residence or new residence. [PL 1991, c. 760, §2 (AMD).]
The District Court has jurisdiction over protection from harassment complaints. 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 any other District Court judge or to any Superior Court justice who has the same authority as a District Court judge to grant or deny the temporary order. [PL 2003, c. 658, §1 (AMD).]
A juvenile may be a party to an action under this chapter only when the juvenile has a representative through whom the action is brought or defended pursuant to the Maine Rules of Civil Procedure, Rule 17(b). The Department of Health and Human Services may act as a representative of the juvenile. If any notice or service is required by this chapter, the notice or service must be provided to both the juvenile and the juvenile’s representative. [PL 1995, c. 650, §2 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]
PL 1987, c. 515, §1 (NEW). PL 1987, c. 708, §2 (AMD). PL 1991, c. 760, §2 (AMD). PL 1995, c. 650, §2 (AMD). PL 2003, c. 658, §1 (AMD). PL 2003, c. 689, §B6 (REV).