Pat Doe v. Debora J. Batie, 240 A.3d 62

Pat Doe filed for a protection-from-abuse order on behalf of his two minor children after their mother died; the District Court granted a temporary order that same day.
Using the temporary order and Arizona assistance, Doe retrieved the children from Debora J. Batie in Arizona and returned them to Maine.
At the hearing, Batie testified she took the children to Arizona based on the mother’s alleged consent, a power of attorney the mother executed, the mother’s will naming Batie guardian, and advice from an attorney.
The District Court found Batie had removed the children while the mother was alive (and while the mother had a protection order against Doe), and after the mother’s death there was no order modifying parental rights under Maine law.
The court concluded Batie knowingly restricted the children’s movement without the surviving parent’s consent and issued a protection-from-abuse order prohibiting Batie from contacting the children; Batie appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the protection-from-abuse statute applies when the defendant is the children’s grandmother (i.e., whether defendant and children are "family or household members")	Doe: the statute allows relief because abuse occurred against the minors and complaint was brought on their behalf	Batie: she was not a "family or household member" as defined by the statute	Court: No — statute limits protection orders to "family or household members," and record lacked findings/evidence that Batie and the children fit that definition, so order cannot stand
Whether Batie "knowingly" restricted the children’s movements without consent or lawful authority under 19‑A M.R.S. § 4002(1)(D)	Doe: Batie removed and kept the children in Arizona without consent or lawful authority, satisfying the statute	Batie: she reasonably believed she had authority based on the mother’s consent, power of attorney, will, and attorney advice; she did not know she lacked authority	Court: No — record lacks competent evidence that Batie acted with knowledge she lacked authority; she believed she had lawful authority until Doe enforced the temporary order in Arizona

Dyer v. Dyer, 5 A.3d 1049 (Me. 2010) (standard of review: statutory interpretation de novo; factual findings for clear error)
L’Heureux v. Michaud, 938 A.2d 801 (Me. 2007) (standard for reviewing protection-from-abuse findings)
Clark v. McLane, 86 A.3d 655 (Me. 2014) (protection-from-abuse relief limited to acts between or by "family or household members")
Croxford v. Roberts, 509 A.2d 662 (Me. 1986) (surviving parent’s parental rights automatically vest on death of other parent)