Maine Family Matters Summons and Preliminary Injunction Form
The following form has to be completed by the defendant. After the form has been completed, it has to be submitted to their respective court clerk’s office.
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STATE OF MAINE DISTRICT COURT Location Docket No. Plaintiff: _________________________________ v. FAMILY MATTER SUMMONS AND Defendant: _________________________________ PRELIMINARY INJUNCTION Address: _________________________________ _________________________________ TO DEFENDANT: Plaintiff has started an action against you for one of the following: Divorce, Judicial Separation, Parental Rights and Responsibilities, Paternity or Child Support. If you want to oppose this action, you must serve a written answer to the Complaint and, i f there are minor children, a completed Child Support Affidavit on Plaintiff within 20 days after the day this Summons, the att ached Complaint and any Child Support Affidavit were served on you. To serve your Answer and Affidavit, deliver or mail a copy to Plaintiff’s attorney or to Plaintiff, whose name and address appear at the bottom of this page . Within the same 20 days you must also file your ori ginal Answer and Affidavit with the court by mailin g it to: Name and address of court: PRELIMINARY INJUNCTION ( FOR DIVORCE AND JUDICIAL SEPARATION ACTIONS ONLY ) Pursuant to 19-A M.R.S.A. §§ 852 and 903, it is ORDERED that Plaintiff and Defendant shall not: (1) sell, transfer, give away, encumber, conceal, or dispose of any property owned individually or jointly by the parties, unless it is done (a) with the written consent of both parties, (b) to purchase the necessities of life, (c) in the usual course of a business owned by either party, or (d) with the permission of the court. (2) restrain the personal liberty of the other party o r any natural or adopted child of either party; or (3) remove the other party or any child of the parties from coverage under any health insurance policy. WARNING THIS IS AN OFFICIAL COURT ORDER. IF YOU DISOBEY THIS ORDER THE COURT MAY FIND YOU IN CONTEMPT AND IMPOSE FINES O R OTHER SANCTIONS. THIS ORDER WILL REMAIN IN EFFECT UNTI L THE COURT: (A) REVOKES OR MODIFIES IT; (B) GRANTS A FINAL J UDGMENT OF DIVORCE OR JUDICIAL SEPARATION; OR (C) DISMISSES THE ACTION. Date: _____________________________ (Attorney fo r Plaintiff) (Plaintiff) This Summons (and Injunction) is issued by: Name: Address: ___________________________________ Clerk of the District Court Phone: (_______) FM-038, Rev. 01/09 IMPORTANT INFORMATION FOR DEFENDANT If you do not serve and file an answer to the compl aint and, in cases involving minor children, a “child support affidavit,” or if you do not appear at court when you are notified to do so, the court may in your absence grant the plaintiff’s requests. If you do not want to serve and file an answer to t he complaint, but you do want the court to listen to you on the issues of child support, parental rights, the division of mar ital property, alimony, or attorney's fees, you mus t file an "appearance" form and a child support affidavit with the court and ap pear at all court conferences and hearings. You mu st give the plaintiff a copy of your completed affidavit and entry of appea rance. The “child support affidavit” form and the “appearance” form may be obtained from the court clerk's office. If you believe you have a defense to plaintiff's co mplaint or a claim of your own against plaintiff, y ou should talk to an attorney. The court clerks are not allowed to give you legal advice . NOTICE TO BOTH PARTIES In all cases involving minor children, the parties are required to attend a case management conference at the court. Within two weeks after plaintiff files in court proof of service of the summons, complaint and child s upport affidavit, the court will notify you of the date and time of the conference. The notice will be sent by regular mail. You must promptly notify the court in writing of yo ur correct address and any changes to your address. If you do not, you may not receive any notices from the court, including notice of the case management conferenc e. IMPORTANT WARNING: You have the right to appear and be heard at all courts events (trial, hearing, conference, mediation). If you fail to appear at any or all court events without good cause, action ma y be taken on your case even though you are not there. This means that the Court may, in your absence, enter an interim/temporary order, OR hold a final hearing and enter a final order or judgment regarding any or all of the issues in your case, including but not limited to paternity or parentage, parental rights and responsi bilities for children (custody, residence, contact, visitation, etc), child support, spousal support/alimony, attor ney fees, and distribution of marital and non-marital property (d ebt, real estate, vehicles, personal property, pension and retirement accounts, etc). The Court also has the option to dismiss any pleading that you have filed if you do not show up. It is your own responsibility to be sure t hat the Court has your correct address. Any change of address must be in writing and delivered to the Clerks office by hand or regular mail. STATE OF MAINE County of ,ss. On (date), I served the Complaint, Summons and Preli minary Injunction, and Child Support Affidavit upon Defendant by delivering a copy of same at the following address: ___________________________________________________ _______________________________________________ to the above-named Defendant in hand. to (name), a person of suitable age and discretion wh o was then residing at Defendant’s usual residence. to (name), who is authorized to receive service for D efendant. by (describe other manner of service): __________ ___________________________________________________ __ _____________________________________________ _________________________________________________ Costs of Service: Service: $ Travel $ Postage $ Signature of person making service Other $ Total $ Title Or, Service was completed by one of the following o ptions: Acknowledgment Form (attached) Green Card, Return Receipt (attached) Alternative Service (attached)
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