Maine Revised Statutes Title 5 Sec. 4653 – Commencement of proceedings
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1. Filing. A person who has been a victim of harassment, including a business, may seek relief by filing in an appropriate court:
A. A sworn complaint alleging harassment; and [PL 2011, c. 559, Pt. C, §3 (NEW).]
B. If the alleged harassment does not meet the definition in section 4651, subsection 2, paragraph C or is not related to an allegation of domestic violence, violence against a dating partner, sexual assault, stalking or harassment as described in Title 17?A, section 506, subsection 1, paragraph A?1 or A?2, a copy of a notice to stop harassing the plaintiff issued to the defendant pursuant to Title 17?A, section 506?A, subsection 1, paragraph A, subparagraph (1), division (a) or subparagraph (3) or a statement of good cause why such a notice was not sought or obtained. The court has discretion, based on the nature of the allegations as well as any further inquiry that the court may make of the plaintiff, to issue an order even if notice to stop harassing the plaintiff has not been issued to the defendant as described in Title 17?A, section 506?A, subsection 1, paragraph A, subparagraph (1), division (a) or subparagraph (3). [PL 2021, c. 634, Pt. B, §1 (AMD).]
[PL 2021, c. 634, Pt. B, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 5 Sec. 4653
- Allegation: something that someone says happened.
- Business: means any corporation, partnership, limited liability corporation, professional corporation or any other legal business entity recognized under the laws of the State. See Maine Revised Statutes Title 5 Sec. 4651
- 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. 4651In 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. Plaintiff: The person who files the complaint in a civil lawsuit. Summons: Another word for subpoena used by the criminal justice system.
2. Assistance. The court shall provide separate forms with a summons and clerical assistance to assist either party to proceed under this chapter in completing and filing a complaint or other necessary documents. This assistance may not include legal advice or assistance in drafting legal documents.
[PL 2003, c. 658, §3 (AMD).]
3. Fees. No fee may be charged for forms. A plaintiff may apply for the right to proceed in forma pauperis.
[PL 1989, c. 371, §1 (AMD).]
SECTION HISTORY
PL 1987, c. 515, §1 (NEW). PL 1987, c. 708, §3 (AMD). PL 1989, c. 371, §1 (AMD). PL 1993, c. 199, §2 (AMD). PL 1995, c. 265, §3 (AMD). PL 1995, c. 650, §3 (AMD). RR 2003, c. 2, §7 (COR). PL 2003, c. 658, §§2,3 (AMD). PL 2011, c. 559, Pt. C, §3 (AMD). PL 2017, c. 455, §2 (AMD). PL 2019, c. 359, §1 (AMD). PL 2021, c. 634, Pt. B, §1 (AMD).