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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)
Next: Maine Divorce Federal Affidavit Form Previous: Maine Marital Settlement Agreement Form
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