Ex parte refers to a motion or petition by or for one party. An ex parte judicial proceeding is one where the opposing party has not received notice nor is present. This is an exception to the usual rule of court procedure and due process rights that both parties must be present at any argument before a judge. Ex parte hearings, petitions, or motions are usually temporary orders, such as a restraining order or temporary custody, pending a formal hearing or an emergency request for a continuance. Most jurisdictions require at least a good faith effort to notify the opposing lawyer of the time and place of any ex parte hearing.
Maine Ex-Parte Motion to Enjoin Removal of Child from Jurisdiction of Court due to Abusive and Dangerous Conduct by Spouse
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How to fill out Ex-Parte Motion To Enjoin Removal Of Child From Jurisdiction Of Court Due To Abusive And Dangerous Conduct By Spouse?
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FAQ
If someone is harassing you and you cannot get that person to stop, there is a Maine law that may help you. It is called the "Protection from Harassment" law.
The court will schedule a final hearing within 21 days after the date the case is filed. A final protection from abuse order may last up to two years. If you withdraw the case before a final hearing, any temporary protection order that was granted will no longer be in effect.
The appeal deadline is 21 days. Whether you have a Protective Order or not, assault, criminal threatening, stalking and trespassing are still criminal acts. If you think the Defendant has committed a new criminal act against you, contact the police and file a new criminal complaint.
Violation of Protective Orders in Maine Even a momentary loss of temper can have serious consequences if a spouse reports an incident of abuse and obtains a PFA order. Violating such an order is viewed as a serious offense that can lead to a trial by jury and jail time.
Ask the clerk's office for a Motion to Extend form. Fill this out, along with a new Protection Order Service Information form. The clerk will set a time and date for your request for an extension to be heard by the judge after the Defendant has received notice of the hearing.