reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3312. Applicability

§3312. Applicability
This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with a provision in subchapters 1 to 6, this subchapter controls.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3313. Relationship of the department to United States central authority

§3313. Relationship of the department to United States central authority
The Department of Health and Human Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3314. Initiation by department of support proceedings

§3314. Initiation by department of support proceedings
1.  Duty of department.
In a proceeding pursuant to this subchapter, the department shall:
A. Transmit and receive applications; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Proceedings available to obligee.
The following support proceedings are available to an obligee under the Convention:
A. Recognition or recognition and enforcement of a foreign support order;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Enforcement of a support order issued or recognized in this State;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. Establishment of a support order if recognition of a foreign support order is refused under section 3318;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
E. Modification of a support order of a tribunal of this State; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
F. Modification of a support order of a tribunal of another state or a foreign country.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.  Proceedings available to obligor.
The following support proceedings are available under the Convention to an obligor against whom there is an existing support order:
A. Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. Modification of a support order of a tribunal of this State; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. Modification of a support order of a tribunal of another state or a foreign country.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.  Tribunal may not require guarantee of payment of costs and expenses.
A tribunal of this State may not require security, bond or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3315. Direct request

§3315. Direct request
1.  Establishment or modification of support or determination of parentage.
A petitioner may file a direct request seeking the establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Recognition and enforcement of support order or agreement.
A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, the provisions of sections 3316 to 3323 apply.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.  Guarantee of payment of costs may not be required; free legal assistance.
In a direct request seeking recognition and enforcement of a Convention support order or foreign support agreement:
A. A security, bond or deposit is not required to guarantee the payment of costs and expenses; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. An obligee or obligor who in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the laws of this State under the same circumstances.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.  No assistance from the department.
A petitioner filing a direct request is not entitled to receive assistance from the department.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5.  Application of laws of this State.
This subchapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3316. Registration of Convention support order

§3316. Registration of Convention support order
1.  General requirement.
Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in subchapter 6.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Additional requirements.
Notwithstanding section 3011 and section 3151, subsection 1, a request for registration of a Convention support order must be accompanied by:
A. A complete text of the support order, or an abstract or extract of the support order drawn up by the issuing foreign tribunal, which may be in the form recommended by the Hague Conference on Private International Law;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. A record stating that the support order is enforceable in the issuing country;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard, or that the respondent had proper notice of the support order and an opportunity to challenge or appeal it on fact or law before a tribunal;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. A record showing the amount of arrears, if any, and the date the amount was calculated;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
E. A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
F. If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.  Recognition and partial enforcement.
A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.  Refusal to register.
A tribunal of this State may vacate the registration of a Convention support order, without the filing of a contest under section 3317, only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5.  Notice.
A tribunal of this State shall promptly notify the parties to a foreign support order of the registration or the order vacating the registration of a Convention support order.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3317. Contest of registered Convention support order

§3317. Contest of registered Convention support order
1.  General requirements.
Except as otherwise provided in this subchapter, sections 3201 to 3204 apply to a contest of a registered Convention support order.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Additional requirements.
A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, except that if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.  Enforceable by operation of law.
If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection 2, the order is enforceable.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.  Basis.
A contest of a registered convention support order may be based only on grounds set forth in section 3318. The contesting party bears the burden of proof.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5.  Limitations.
In a contest of a registered Convention support order, a tribunal of this State:
A. Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. May not review the merits of the support order.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
6.  Notice of decision.
A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
7.  No stay on appeal.
A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3319. Partial enforcement

§3319. Partial enforcement
If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3320. Foreign support agreement

§3320. Foreign support agreement
1.  Recognition.
Except as provided in subsections 3 and 4, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Requirements.
An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
A. A complete text of the foreign support agreement; and   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. A record stating that the foreign support agreement is enforceable as a decision in the issuing foreign country.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
3.  Vacate registration.
A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
4.  Refusal of recognition and enforcement.
In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
A. Recognition and enforcement of the agreement is manifestly incompatible with public policy;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The agreement was obtained by fraud or falsification;   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
C. The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
D. The record submitted under subsection 2, paragraph B lacks authenticity or integrity.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
5.  Suspension of proceeding.
A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3321. Modification of child support order subject to Convention

§3321. Modification of child support order subject to Convention
1.  Obligee resident of the foreign country.
A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:
A. The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
B. The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
2.  Application of section 3318.
If a tribunal of this State cannot modify the foreign child support order because the order is unable to be recognized in this State, the provisions of section 3318, subsection 3 apply.
[PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3322. Personal information; limit on use

§3322. Personal information; limit on use
Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 7-A: SUPPORT PROCEEDINGS SUBJECT TO CONVENTION › 19-A §3323. Record in original language; English translation

§3323. Record in original language; English translation
A record filed with a tribunal of this State under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.   [PL 2009, c. 95, §83 (NEW); PL 2009, c. 95, §87 (AFF).]
SECTION HISTORY
PL 2009, c. 95, §83 (NEW). PL 2009, c. 95, §87 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 8: INTERSTATE RENDITION › 19-A §3351. Grounds for rendition

§3351. Grounds for rendition
1.  Governor.
For purposes of this chapter, "governor" includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Powers of Governor.
The Governor may:
A. Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
B. Upon demand by the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
3.  Application of provision for extradition.
A provision for extradition of individuals not inconsistent with this chapter applies to the demand described in subsection 2 even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled from that state.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 8: INTERSTATE RENDITION › 19-A §3352. Conditions of rendition

§3352. Conditions of rendition
1.  Proceedings for support as prerequisite.
Before making demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor may require a prosecutor of this State to demonstrate that, at least 60 days previously, the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Criminal charge in another state.
If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
[PL 2003, c. 436, §47 (AMD).]
3.  Declination to honor demand.
If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 436, §47 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter 9: MISCELLANEOUS PROVISIONS › 19-A §3401. Uniformity of application and construction

§3401. Uniformity of application and construction
In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   [PL 2003, c. 436, §48 (AMD).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 436, §48 (AMD).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3501. Definitions

§3501. Definitions
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.  Child.
"Child" means a son or daughter under 21 years of age or a son or daughter who is incapable of earning a living and without sufficient means.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
2.  Parent.
"Parent" includes either a biological parent or an adoptive parent.
[PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3502. Jurisdiction

§3502. Jurisdiction
The District Court has jurisdiction over all proceedings brought under this chapter.   [PL 1999, c. 731, Pt. ZZZ, §37 (AMD); PL 1999, c. 731, Pt. ZZZ, §42 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 731, §ZZZ37 (AMD). PL 1999, c. 731, §ZZZ42 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3503. Modification of order

§3503. Modification of order
The court retains jurisdiction to modify or vacate the order of support when justice requires.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3504. Evidence of husband and wife

§3504. Evidence of husband and wife
Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable under this chapter. Husband and wife are competent witnesses to testify to any relevant matter, including marriage and parentage.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3505. Rights additional to those now existing

§3505. Rights additional to those now existing
The rights created by this chapter are in addition to and not in substitution for any other rights.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 3: PARENTS AND CHILDREN › Chapter 69: UNIFORM CIVIL LIABILITY FOR SUPPORT ACT › 19-A §3506. Uniformity of interpretation

§3506. Uniformity of interpretation
This chapter must be interpreted and construed as to effectuate its general purpose to make uniform the laws of those states that enact it.   [PL 1995, c. 694, Pt. B, §2 (NEW); PL 1995, c. 694, Pt. E, §2 (AFF).]
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4001. Purposes (REPEALED)

§4001. Purposes
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 273, §2 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4002. Definitions (REPEALED)

§4002. Definitions
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 672, §16 (AMD). PL 2005, c. 265, §19 (AMD). PL 2007, c. 340, §§2, 3 (AMD). PL 2007, c. 518, §8 (AMD). PL 2011, c. 640, Pt. C, §1 (AMD). PL 2013, c. 478, §7 (AMD). PL 2015, c. 296, Pt. C, §24 (AMD). PL 2015, c. 296, Pt. D, §1 (AFF). PL 2015, c. 410, Pt. B, §§1, 2 (AMD). PL 2015, c. 443, §§9, 10 (AMD). PL 2017, c. 288, Pt. A, §§17-19 (AMD). PL 2019, c. 113, Pt. C, §66 (AMD). PL 2019, c. 176, §1 (AMD). PL 2019, c. 407, §3 (AMD). PL 2019, c. 412, §7 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4003. Filing of complaint; jurisdiction (REPEALED)

§4003. Filing of complaint; jurisdiction
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4004. Application of other acts (REPEALED)

§4004. Application of other acts
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 486, §4 (AMD). PL 1999, c. 486, §6 (AFF). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4005. Commencement of proceeding (REPEALED)

§4005. Commencement of proceeding
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2003, c. 372, §1 (AMD). PL 2007, c. 340, §4 (AMD). PL 2011, c. 201, §1 (AMD). PL 2015, c. 339, §2 (AMD). PL 2015, c. 443, §11 (AMD). PL 2017, c. 455, §4 (AMD). PL 2019, c. 359, §§2, 3 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4006. Hearings (REPEALED)

§4006. Hearings
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1999, c. 67, §1 (AMD). PL 2001, c. 134, §5 (AMD). PL 2001, c. 273, §3 (AMD). PL 2003, c. 372, §2 (AMD). PL 2009, c. 94, §5 (AMD). PL 2009, c. 555, §§4, 5 (AMD). PL 2013, c. 109, §1 (AMD). PL 2015, c. 217, §1 (AMD). PL 2015, c. 410, Pt. B, §§3, 4 (AMD). PL 2015, c. 443, §§12, 13 (AMD). PL 2017, c. 288, Pt. A, §§20-22 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4007. Relief (REPEALED)

§4007. Relief
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 187, §4 (AMD). PL 1997, c. 187, §5 (AFF). PL 1997, c. 334, §§4-6 (AMD). PL 1999, c. 67, §2 (AMD). PL 1999, c. 486, §5 (AMD). PL 1999, c. 486, §6 (AFF). PL 2001, c. 134, §6 (AMD). PL 2001, c. 273, §4 (AMD). PL 2003, c. 106, §1 (AMD). PL 2003, c. 372, §3 (AMD). PL 2005, c. 366, §5 (AMD). PL 2005, c. 510, §§10-12 (AMD). PL 2007, c. 340, §5 (AMD). PL 2009, c. 94, §6 (AMD). PL 2009, c. 555, §§6, 7 (AMD). PL 2011, c. 303, §§1, 2 (AMD). PL 2013, c. 109, §2 (AMD). PL 2015, c. 217, §§2, 3 (AMD). PL 2015, c. 410, Pt. B, §§5-7 (AMD). PL 2015, c. 443, §§14-16 (AMD). PL 2017, c. 288, Pt. A, §§23-26 (AMD). PL 2019, c. 176, §2 (AMD). PL 2019, c. 407, §4 (AMD). PL 2019, c. 574, §1 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4008. Identifying information sealed (REPEALED)

§4008. Identifying information sealed
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 134, §7 (RPR). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4008-A. Access to certain private images and written information (REPEALED)

§4008-A. Access to certain private images and written information
(REPEALED)
SECTION HISTORY
PL 2015, c. 410, Pt. B, §8 (NEW). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4009. Notification (REPEALED)

§4009. Notification
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4010. Procedure (REPEALED)

§4010. Procedure
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2001, c. 243, §2 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4011. Violation (REPEALED)

§4011. Violation
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 683, §C7 (AMD). PL 1997, c. 683, §C8 (AFF). PL 2001, c. 420, §§1,2 (AMD). PL 2005, c. 510, §13 (AMD). PL 2011, c. 178, §1 (AMD). PL 2015, c. 443, §17 (AMD). PL 2019, c. 412, §8 (AMD). PL 2021, c. 432, §§1, 2 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4012. Law enforcement agency responsibilities (REPEALED)

§4012. Law enforcement agency responsibilities
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 2005, c. 671, §§1,2 (AMD). PL 2011, c. 265, §1 (AMD). PL 2011, c. 680, §3 (AMD). PL 2019, c. 412, §9 (AMD). PL 2021, c. 293, Pt. A, §22 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4013. Maine Commission on Domestic and Sexual Abuse (REPEALED)

§4013. Maine Commission on Domestic and Sexual Abuse
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 507, §§2,3 (AMD). PL 1997, c. 507, §4 (AFF). PL 2001, c. 240, §2 (AMD). PL 2003, c. 689, §B7 (REV). PL 2005, c. 88, §A1 (AMD). PL 2005, c. 397, §A14 (AMD). PL 2009, c. 257, §1 (AMD). PL 2019, c. 188, §1 (AMD). PL 2021, c. 174, §§9, 10 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 101: PROTECTION FROM ABUSE (REPEALED) › 19-A §4014. Certification of batterers' intervention programs (REPEALED)

§4014. Certification of batterers' intervention programs
(REPEALED)
SECTION HISTORY
PL 1995, c. 694, §B2 (NEW). PL 1995, c. 694, §E2 (AFF). PL 1997, c. 292, §2 (AMD). PL 1997, c. 292, §3 (AFF). PL 2001, c. 240, §3 (AMD). PL 2001, c. 386, §4 (AMD). PL 2013, c. 424, Pt. B, §8 (AMD). PL 2021, c. 174, §11 (AMD). PL 2021, c. 647, Pt. A, §2 (RP). PL 2021, c. 647, Pt. B, §65 (AFF).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4101. Purposes

§4101. Purposes
The court shall liberally construe and apply this chapter to promote the following underlying purposes:   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
1.  Recognition.
To recognize domestic abuse as a serious crime against the individual and society, producing an unhealthy and dangerous family environment, resulting in a pattern of escalating abuse, including violence, that frequently culminates in intrafamily homicide and creating an atmosphere that is not conducive to healthy childhood development;
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Protection.
To allow family and household members who are victims of domestic abuse to obtain expeditious and effective protection against further abuse so that the lives of the nonabusing family or household members are as secure and uninterrupted as possible;
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Enforcement.
To provide protection by promptly entering and diligently enforcing court orders that prohibit abuse and, when necessary, by reducing the abuser's access to the victim and addressing related issues of parental rights and responsibilities and economic support so that victims are not trapped in abusive situations by fear of retaliation, loss of a child or financial dependence;
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
4.  Prevention.
To expand the power of the justice system to respond effectively to situations of domestic abuse, to clarify the responsibilities and support the efforts of law enforcement officers, prosecutors and judicial officers to provide immediate, effective assistance and protection for victims of abuse and to recognize the crucial role of law enforcement officers in preventing further incidents of abuse and in assisting the victims of abuse;
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
5.  Data collection.
To provide for the collection of data concerning domestic abuse in an effort to develop a comprehensive analysis of the incidence and causes of that abuse; and
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
6.  Mutual order.
To declare that a mutual order of protection or restraint undermines the purposes of 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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4104. Commencement of a proceeding

§4104. Commencement of a proceeding
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).]
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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4105. Other proceedings

§4105. Other proceedings
1.  Uniform Child Custody Jurisdiction and Enforcement Act.
The Uniform Child Custody Jurisdiction and Enforcement Act applies to a proceeding under this chapter regardless of whether it is joined with another proceeding under subsection 2.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Divorce, dissolution of marriage, legal separation or separate maintenance.
All proceedings may be independent of, or joined with, a proceeding for divorce, dissolution of marriage, legal separation or separate maintenance.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Other remedies and relief.
A proceeding under this chapter is in addition to any other available civil or criminal remedies.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
4.  No criminal proceeding required.
Relief may be sought under this chapter regardless of whether a criminal prosecution has occurred.
[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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4107. Service of order

§4107. Service of order
If the court issues an order under this chapter, the court shall order an appropriate law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 or, if the defendant is in the custody of the Department of Corrections, the Department of Corrections to serve the defendant personally with the order. Temporary orders must be served with the summons and complaint. The court shall cause the order to be delivered to the law enforcement agency, the court security officer or the correctional facility in which the defendant is incarcerated as soon as practicable following the issuance of the order. The law enforcement agency, court security officer or chief administrative officer of a correctional facility or the chief administrative officer's designee shall make a good faith effort to serve process expeditiously.   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
1.  Electronically transmitted printed copies of order.
Notwithstanding any provision of law to the contrary, service of an order may be made pursuant to this section through the use of electronically transmitted printed copies of orders that have been transmitted directly from the court to the law enforcement agency or correctional facility making service. Return of proof of service may be made by electronic transmission of the proof of service directly to the court from the law enforcement officer making service or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility making service.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Officer who served order as witness.
In any subsequent criminal prosecution for violation of this chapter when the service of an order was made through the use of an electronically transmitted printed copy of the order, with 10 days' advance written notice to the prosecution, the defendant may request that the prosecution call as a witness the law enforcement officer who served the order or the chief administrative officer, or the chief administrative officer's designee, of the correctional facility that served the order.
[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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4109. Hearings

§4109. Hearings
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).]
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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4111. Modifying and extending orders

§4111. Modifying and extending orders
1.  Extension.
The court may extend a final protection order issued under this chapter at the time of expiration, upon motion of the plaintiff, for such additional time as the court determines necessary to protect the plaintiff or minor child from abuse or conduct specified in section 4103. A final protection order may be extended more than once and without limitation on the duration of the extension. In determining whether extension of a final protection order is necessary, the court may consider:
A. The underlying reasons for the order, including earlier abuse and the history of abuse;   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
B. Conduct that has occurred since the entry of the final protection order;   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
C. The continued effect of any abuse on the plaintiff; and   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
D. All other relevant factors pursuant to the discretion of the court.   [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
The court may continue the final protection order in effect until a hearing under section 4109, subsection 1 on the motion to extend.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Modification of order.
Upon motion by either party, for sufficient cause, the court may modify an order issued under this chapter from time to time as circumstances require.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Action by plaintiff.
A plaintiff may extinguish or modify an order issued under this chapter only by legal process in accordance with the Maine Rules of Civil Procedure. Any other action or inaction on the part of the plaintiff does not alter, diminish or negate the effectiveness of the order. Criminal sanctions may not be imposed upon the plaintiff for violation of a provision of the plaintiff's order for protection.
[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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4112. Sealing

§4112. Sealing
1.  Identifying information.
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 of the court and not disclosed to the other party or to the public, unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Private images.
In any proceeding under this chapter, 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 or administrative order adopted by the Supreme Judicial Court.
[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).
2023 Maine Revised Statutes › TITLE 19-A: DOMESTIC RELATIONS › Part 4: PROTECTION FROM ABUSE › Chapter 103: PROTECTION FROM ABUSE › 19-A §4113. Violation

§4113. Violation
1.  Crime committed.
Except as provided in subsections 2, 4 and 5, violation of an order 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 order.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
2.  Exception.
When the only provision of the order that is violated concerns relief authorized under section 4110, subsection 3, paragraphs K to U, the violation must be treated as contempt and punished in accordance with law.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3.  Warrantless arrest.
Notwithstanding any provision of law to the contrary, an arrest for criminal violation of an order may be without warrant upon probable cause whether or not the violation is committed in the presence of a law enforcement officer. The law enforcement officer may verify, if necessary, the existence of the order, including by telephone or radio communication with a law enforcement agency with knowledge of the order.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
4.  Reckless conduct; assault.
A defendant who violates a final protection order issued pursuant to section 4110, an order issued pursuant to former section 4007 or an order that is similar to a protective order pursuant to section 4110 issued by a court of the United States or of another state, territory, commonwealth or federally recognized Indian tribe through conduct that is reckless and that creates a substantial risk of death or serious bodily injury to the plaintiff named in the final protection order or who assaults the plaintiff named in the final protection order commits a Class C crime.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
5.  Repeat violations.
A person who commits a violation under subsection 1 and has 2 or more prior convictions under subsection 1 or former section 4011, subsection 1 or 2 or more convictions for engaging in substantially similar conduct in another jurisdiction commits a Class C crime. Title 17‑A, section 9‑A governs the use of prior convictions when determining a sentence.
[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).