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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Blackhouse v. Doe, 2011 ME 86 (2011)

Citation
Blackhouse v. Doe, 2011 ME 86 (2011)
Parent Document
Blackhouse v. Doe, 2011 ME 86 (2011)
Jurisdiction
Maine (state)
Effective Date
2011-08-04

Other Sections in This Document (108)

Full Text

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[¶ 14] Blackhouse filed a complaint for protection from abuse in accordance with 19-A M.R.S. § 4005(1) (2010), alleging a course of conduct by Doe that, if proved, could allow a court to grant Blackhouse a protection from abuse order. See 19-A M.R.S. §§ 4006(1), 4007(1) (2010); see also 17-A M.R.S. § 210-A(1)(A), (2)(A) (2010). Although, as the dissent notes, Doe is eighty-six years old, neither her age nor Blackhouse's disability allows us to prejudge the veracity of Blackhouse's allegations.[3]*76 See 19-A M.R.S. § 4006(1) ("Within 21 days of the filing of a complaint, a hearing must be held at which the plaintiff must prove the allegation of abuse by a preponderance of the evidence."); see also Connolly v. Connolly, 2006 ME 17, ¶ 7, 892 A.2d 465, 467 (holding that a hearing is required in all protection from abuse cases "except those in which the defendant agrees to a finding of abuse, or the plaintiff agrees to an order without a finding of abuse").