Doe v. Hills-Pettitt
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The Supreme Judicial Court vacated the judgment of the district court dismissing with prejudice a complaint for protection from abuse that Plaintiff brought on behalf of her three minor children against the children's father (Father), holding that due process did not require that the court dismiss this matter with prejudice.
After Plaintiff filed her complaint for protection from abuse on behalf of her children, Father was arrested. Father's bail conditions prohibited contact between Father and the children. Plaintiff moved to dismiss the complaint without prejudice given that Father's bail conditions protected the children. The court denied Plaintiff's motion and dismissed the case with prejudice, concluding that it did not have the discretion to grant Plaintiff's motion. The Supreme Judicial Court vacated the judgment, holding that the court erred as a matter of law when it determined that due process and Me. Rev. Stat. 4006(1) required it to either hold the hearing as scheduled or dismiss the complaint with prejudice and that, pursuant to Me. R. Civ. P. 41(a)(2), the court had the authority and discretion to dismiss Plaintiff's complaint without prejudice.
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