This can be in the form of a narrative or story which explains the events that occurred. It is important to be as specific as possible especially with regard to names, dates and events. The allegations should be in your own words. Essentially, this statement, which is sworn to be true, is your version of what happened.
In the event the Defendant fails to appear, an order can be entered against that person in their absence. Parties can also agree to have Protective Orders entered against them.
Likewise, if the Plaintiff fails to appear at a Final Hearing, the case will be dismissed, absent good cause which is made known to the Court prior to the hearing. This "temporary" before the Final Hearing protection can include an Order which prohibits the Defendant from any of the following:. B Threatening, assaulting, molesting, harassing or otherwise disturbing the peace of the Plaintiff;.
In the case of complaints which allege abuse, the court may also enter a Temporary Order concerning the care and custody of any minor children residing in the household. People who believe they are being abused or harassed and who change their address in an effort to avoid the abuse or harassment should know that their address can be deleted from the record in order to protect them, if the Court believes it is necessary.
This process is not tilted completely in favor of the person alleging the abuse or harassment. The Defendant who is the subject of a Temporary Order may, on two-day's notice to the Plaintiff or shorter notice as the Court may direct, appear before the Court and ask the Court to dissolve or modify the Temporary Order. The Final Hearing itself is relatively straight forward. The Plaintiff will be required to present their side of the case.
If witnesses refuse to appear voluntarily, the Court can issue a subpoena to compel them to appear. You must request any subpoenas you feel are necessary as soon as possible in order not to cause undue delay of the case.
While these hearings are conducted in accordance with the Maine Rules of Civil Procedure which have been adopted by the Penobscot Nation Tribal Court the Court has considerable discretion in applying those rules in order to achieve fairness for all parties.
These remedies are the same as those set out in connection with Temporary Orders. Violations of the Court's Orders regarding Abuse or Harassment Complaints are crimes in cases where the violation involves the personal safety of the Plaintiff or the Plaintiff's property or residence and can be punished by jail and fines.
Violations which involve Orders regarding counseling or payment of fees of various kinds, are treated as contempt actions and are punished accordingly. Protective Orders shall be for a fixed period not to exceed one year. They can be, if the Plaintiff requests and the Court finds it to be necessary, extended for such time as the Court may Order.
The Court may, upon request by either party and if that party can establish good cause, modify the Order as circumstances may require. The Penobscot Nation Tribal Court and likewise the Passamaquoddy Tribal Court have exclusive jurisdiction over divorce and support issues where the tribal members either Tribe both reside on the reservation.
Both Tribal Court's also have exclusive jurisdiction over child custody matters involving an Indian child who lives on the reservation.
In cases where an Indian child is a ward of a Tribal Court, the Tribal Court retains exclusive jurisdiction no matter where the child may be physically. Tribal Courts of both the Passamaquoddy and Penobscot tribes maintain concurrent i. Domestic relations matters between tribal members residing off-reservation who voluntarily submit themselves to the jurisdiction of the Tribal Court that is, the parties simply agree to proceed in Tribal Court.
Paternity determinations and parental rights actions between a tribal member parent and a non-Indian parent of tribal member children where all parties reside on the reservation. It should be noted that non-tribal members who reside within Penobscot Indian Territory do so by virtue of residency permits issued to them by the Penobscot Nation.
As a conditions of those permits, the non-tribal member agrees to submit to tribal jurisdiction. Although the two tribes have the right to develop their own unique domestic relations law they have, to date, simply adopted Maine's domestic relations laws as their own.
As in civil cases generally, matters are brought to the Court's attention for some action only by way of formal requests. In matters of divorce these "requests" are generally referred to as "complaints" and forms to begin proceedings can be obtained from the Tribal Court Clerk. In custody or post-divorce matters such things as changes in visitation this process is begun by what is commonly referred to as a "motion".
While the Penobscot Tribal Court uses the Maine Civil Rules of Procedure, the Court has the authority to treat the rules in a manner which makes the Court accessible to the parties. While parties who appear without attorneys are bound to follow the same procedural rules as parties who are represented by attorneys, the Court makes every effort, within the law, to accommodate pro se litigants.
In short, there is no reason to be intimidated by the process. There are surprisingly few requirements in order to bring your case before the Court and have it presented at a hearing.
The Court will require this kind of information in order to properly act on requests for alimony, child support or the division of marital property. Forms can be obtained from the clerk that will help you organize this type of information.
Bear in mind that parties are generally always free to reach agreements with each other on their own. Those agreements can then be presented to and reviewed by the Court. If the proposal is otherwise within the law, the Court can issue an order that incorporates the parties' mutual understanding and binds the parties. It has been the Court's experience that these "Consent Orders", as they are sometimes called, are more effective in achieving a satisfactory solution to what is frequently a difficult emotional as well as legal problem than Orders that issue after contested hearing where old wounds are reopened.
The Court would encourage all parties in these highly charged matters, to the extent possible, to work together to come to some common ground. Obviously, divorces will occur and the Court acknowledges that it must on occasion use its power to grant the divorce.
However, even in highly charged and bitter disputes, a certain level of cooperation and compromise and a general level of civility on the part of all parties will go a long way towards providing a basis on which to begin a new life after the divorce. This spirit is particularly important in matters involving children. The Court acknowledges that sometimes it is difficult if not impossible to achieve an acceptable level of cooperation it does, after all, require two willing parties.
In those cases, the Court stands ready and is available, after hearing both parties, to issue a decision. The Tribal Court has exclusive jurisdiction over the inheritance of lands within the Penobscot Nation sometimes referred to as "assigned lands".
The inheritance of assigned lands whether on the reservation or Trust land is governed by Chapter 12 of the Penobscot Nation Laws and ordinances. Before we address the rules governing inheritance of Tribal lands, it can be said that probate actions can be initiated by the filing of various forms available from the Clerk of Court. These forms are designed to be fairly straight forward and can be easily filled out without the necessity of an attorney although one is, of course, always free to have an attorney represent them, if they so desire; appointed counsel is generally not available in probate matters, except as guardians for incompetent parties.
Many Probate matters require notice to interested parties e. Consequently, there may be some cost to the filing party due to the necessity of publication. These costs are fairly minimal. Informal Probate is most appropriate in situations where it is reasonable to assume that no factual or legal dispute will arise more about the types of disputes in the following section on "formal" probate.
Informal proceedings are begun by the filing of an "Application for Informal Appointment of Personal Representative". Bila si moj par, moj tim bila si mi sve sto s njim umes ponovo a ja ni sa kim Svaki osmeh moj je laz zivot mi je daj sta das i da hocu, nemam cim da zavolim. Do mene je, do Boga je do sudbine sto volim te k'o neko svoj sto voli se Do mene je, do srca je sto samuje do mene je sto samo ti znas sta mu je Bila si moj let, moj pad bila si mi strast i glad setis li se nas barem ponekad Ref.
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