Maine § 19-A §4108 Temporary orders

Maine Statutes

§ 19-A §4108 — Temporary orders

Maine·Title 19-A DOMESTIC RELATIONS·Part 4 PROTECTION FROM ABUSE

1.Temporary orders. The court may enter temporary orders authorized under subsection 2 that it considers necessary to protect a plaintiff or minor child from abuse, on good cause shown in an ex parte proceeding, which the court shall hear and determine as expeditiously as practicable after the filing of a complaint. Immediate and present danger of abuse to the plaintiff or minor child constitutes good cause. In determining whether good cause exists, the court may consider the existence of an active military protective order. A temporary order remains in effect pending a hearing pursuant to section 4109.

2.Interim relief. The court, in an ex parte proceeding, may enter temporary orders:

3.Temporary orders; possession of dangerous weapons. The court may direct the defendant not to possess

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1.
Temporary orders.
The court may enter temporary orders authorized under subsection 2 that it considers necessary to protect a plaintiff or minor child from abuse, on good cause shown in an ex parte proceeding, which the court shall hear and determine as expeditiously as practicable after the filing of a complaint. Immediate and present danger of abuse to the plaintiff or minor child constitutes good cause. In determining whether good cause exists, the court may consider the existence of an active military protective order. A temporary order remains in effect pending a hearing pursuant to section 4109.
2.
Interim relief.
The court, in an ex parte proceeding, may enter temporary orders:
3.
Temporary orders; possession of dangerous weapons.
The court may direct the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the temporary order if the complaint demonstrates:
4.
Emergency relief.
Emergency relief is available as follows.
5.
Denial of relief.
Before a request for temporary, emergency or interim relief is denied, the judge shall:
6.
Dissolution or modification.
Notwithstanding any provision of law to the contrary, upon 2 days' notice to the plaintiff or upon such shorter notice as the court may order, a person who is subject to a temporary order may appear and move the dissolution or modification of the temporary order and, in that event, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At that hearing, the plaintiff has the burden of justifying a finding in the temporary order that the defendant has challenged by affidavit. This subsection may not be construed to abolish or limit any means otherwise available by law for obtaining dissolution, modification or discharge of a temporary order.
7.
Extension.
If a hearing on the complaint is continued, the court may make or extend temporary orders it considers necessary. Notwithstanding any provision of this section to the contrary, if a final protection order is issued pursuant to section 4110, the temporary protection order issued pursuant to this section remains in effect pending service of the final protection order.