STATE OF MAINE

Location PORTLAND DISTRICT COURT

.....

FOR YOulZ RECORDS

Docket No. PORDC-PA-2008-00605 LORI M HANDRAHAN V. IGOR MALENKO After ~ due notice ~ and ~ opportunity for full hearing [] full hearing parties on the merits

ORDER FOR PROTECTION FROM ABUSE

19-A M.R.S.A. section 4007

of the complaint Plaintiff

for Protection Defendant,

from Abuse,

the following

being present:

THE COURT FINDS THAT:

~ (1) The parties [] (2) The parties

(only checked boxes apply) are family or household members; are dating partners or plaintiff is a victim

of defendant's

sexual assault or stalking. [] (3) The plaintiff was abused by the defendant; [] (4) The defendant ~ presents a credible threat to the physical Order, safety of the findings plaintiff/minor child(ren); (5) The parties have agreed to the following of abuse.

which is made without

THEREFORE,
~

it

is hereby

ORDERED

THAT:

(A-1) The defendant is prohibited from threatening, assaulting, molesting, attacking, harassing or otherwise abusing the plaintiff and any minor child(ren) residing in the household. (A-2) The defendant is prohibited from the use, attemped use or threatened use of physical force that would reasonably be expected to cause bodily injury against the plaintiff or a minor child residing in the household. (B) The defendant is prohibited from having any contact, direct or indirect with p~aintiff ~ Except [] Except contact permitted in paragraph I and/or 0 below of the plaintiff's

---------------------------------------------------------------------------------is prohibited from going upon the premises

~ ~ ~ ~ ~

(C) The defendant (D) (E) (F) (G)

residence. The defendant is restrained from, repeatedly and without reasonable cause, following the plaintiff. The defendant is restrained from, repeatedly and without reasonable cause, being at or in the vicinity of the plaintiff's home, school, business or place of employment. The defendant is prohibited from possession of a firearm or other dangerous weapon. The plaintiff is granted possession of and the defendant is excluded forthwith and prohibited from entering the residence at 28 FRANKLIN TERRACE, SOUTH PORTLAND ME

[&J

(H)

~
and ~ is entered:
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II .~~.

leclvt.

(I) The plaintiff is awarded temporary parental rights and responsibilities of minor child (ren) , whose names and dates of birth are as follows:

(custody) _

!l1dCl. 1'1a.\er1ko,
The defendant's rights

diD))

JI/;J..q/ow

-5l\c.. \\

oc.c.I,...l-\ -per-50/\
0. ~o

.she,- \\
PA-009, ~v.

O~\

08/2007

I.....e.Sc1.~f

k #..'!ire

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7/1..rJc

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re. c..y

Location Docket

PORTLAND

DISTRICT

COURT

No. PORDC-PA-2008-00605

<,
-- ~-.--

VIOLATION OF AN ORDER CONTAINED IN PARAGRAPHS (A) THROUGH (I) IS ALWAYS A CLASS Dr AND SOMETIMES A CLASS C CRIME. POSSESSION OF A FIREARM OR. AMMuNITION WHILE THIS ORDER IS IN EFFECT IS PROHIBITED UNDER FEDERAL AND/OR STATE LAW IF ANY ONE OR MORE OF THE FOLLOWING BOXES HAVE BEEN CHECKED: A-I, A-2, OR F. It is further ORDERED
[] (J) The defendant order.
~ (K)

AS FOLLOWS:
support

shall pay child

(only checked boxes apply) pursuant to the attached child support

[]

(L)

per

(week) (month) toward

the support

of

~
[]

(N)

(M) The The

with or destroying plaintiff's goods are divided as follows:

property.

and the following

order for protection

of property

is entered:

(0)

~(P)

I/)\Ih(o\,o,:t<...\y ,

'tu

t\i.J CGUy\L', W~O Sh",,11 n,,I'\ 1'I?v'lS1t'1

TftYM

tv

tJ'lf Otic,

. I...t2"....:x1U-ct-,

as a direct [] (S) The (defendant) (plaintiff) pay to

result

of the abuse,

the sum of $ as counsel fees; the sum of $ as court costs. Payment is to be made within days, execution to issue. (T) No child support order is issued at this time (but will be .~.~t""tl AR ,.,eo"" ilk 11,,=

--------------------------

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f!!:r: ~~:d O:;:::t:::i:::!~,s::o::tf!~::r~~ :;tj~~~r I"n* 16ff\lly (h~~+kr,

YOU

WARNING: VIOLATION OF PARAGRAPHS "J" THROUGH "T" MAY BE CONTEMPT OF COURT. THESE PARAGRAPHS ARE ALSO ENFORCEABLE AS A CIVIL JUDGMENT. WARNING TO THE DEFENDANT: AS LONG AS THIS ORDER IS IN EFFECT, MUST OBEY IT. NO ONE, INCLUDING THE PLAINTIFF, CAN GIVE YOU PERMISSION TO VIOLATE THE PROVISIONS OF THIS ORDER. This order is effective force and effect until
unless earlier modified or vacated or Parental Rights and Responsibilities,

forthwith

and shall remain in

~w~h~w~/~3~O~lO=_
by a Case Management Officer.

_
to Child Support It is ORDERED law _

by order of court or, with respect in hand on the defendant

that a copy of this Order be served enforcement agency:

by the following

PA-009,

Rev. 08/2007

Page 2 of 3

Location PORTLAND DISTRICT COURT Docket No. PORDC-PA-2008-0060S Copies of this order shall be furnished

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by the clerk to the law enforcement residence. pursuant

.:
agency with

jurisdiction

in the location

of the plaintiff's

This Order

is incorporated

into the docket by reference

to M.R.Civ.p

79(a).

Date:

&/&/0 g / -I

~iatl.:,!::~;~t:it~?!2~t0
--.= rDepilty) Clerk
********************************************************************************************

PA-009,

Rev.

08/2007

Page 3 of 3

STATE OF MAINE
Location Docket PORTLAND DISTRICT COURT
,......

No. PORDC-PA-2008-00605
..
,

LORI M HANDRAHAN
V.

IGOR MALENKO

ORDER PROHIBITING POSSESSION AND REQUIRING RELINQUISHMENT OF FIREARMS AND WEAPONS (19-A MRSA Section 4006,4007)
and/or the Final Order, the defendant described is prohibited from of

Based on the complaint

possessing any firearms and the dangerous weapon(s) the [] Temporary [] Final Order in this case.

below

for the duration

Within [] 24 hours [] hours after service of this Order, Defendant is ordered to relinquish all firearms and any dangerous weapons listed below in the Defendant's possession to a law enforcement officer or other individual for the duration of the order. Description of dangerous weapons prohibited and to be relinquished: _

If the firearms and/or weapons are relinquished to an individual other than a law enforcement officer, the defendant must, within 24 hours after such relinquishment, complete the Notice below and file it with the [] court or [] local law enforcement agency designated in the order.

/,

Date:

tt/IP/6lC
NOTICE OF RELINQUISHMENT
listed

OF WEAPONS
to an

The firearm(s) and/or dangerous weapon(s) individual whose name and address is:

above have been relinquished

The firearm(s) and/or dangerous weapon(s) relinquished to the above named individual are: (List each item relinquished and describe. Attach separate paper if necessary.)

This notice is being filed with [] the court [] the law enforcement in the order, within 24 hours after said relinquishment.

agency

designated

Date: Defendant

PA-016,

Rev. 09/03

Page 1 of 1

Reset Form

STATE OF,MAINE Plaintiff: Lori M. Handrahan individually and on behalf of:

DISTRICT COURT Location Portland Docket No.

[!I on behalf
Mila Malenko

of:

COMPLAINT FOR PROTECTION FROM ABUSE (19-A M.R.S.A. 4003 et seq.)

v. Defendant: Igor Malenko on behalf of:

--------------------

1. Plaintiff information: Full name: ....:L::.:o:::.!r~i ~M:..:;a::::.y.L!..H.!!a:!!n~d:!!rC!::a~h!!:a:!!n.!..._ __ ~ _ Gender: 0 Female 0 Male Date of birth: 05/30/1969 Present street address, city and telephone number: (list only your name if address is to be kept confidential and complete form PA-015, Affidavit for Confidential Address, which can be obtained from the clerk). _~--'-_

28 Franklin

Terrace,

South

Portland,

ME

04106 _ _

If different, mailing address: -------:---'-:--c~-:__--------~------------2. Defendant information: Full name: ..!;lq::1.o~r .!.!M~a~I~eC!..!n~k~o~ ----,Gender: 0 Female BMale Date of birth: ~0~5!....:/3:::.:0~/..!...1 ~97!...:3~ _ Race: ~ White 0 Black 0 Asian or Pacific Islander 0 American Indian or Alaskan Native 0 Unknown Present street address, city and telephone number: --.:u=,-,n!..!!.!.kn~o..!.'w~n!...-. --,

If different, mailing address:.--:--: __ ~-::-:-:=-_--=-_--,c-----:-_-:-:--:--:--:--:----=---=__ ---:-'":-~-:-:_ 3. Plaintiff's former residence (if different from above), which plaintiff has left to avoid abuse: (street address, city, state): -=,-__ --;:::::::;---;::::;:;_ 4. Plaintiff's relationship to the defendant is: [lspouse; 0 former spouse; 0 father/mother of my child(ren); relative; 0 former or present sexual partner; 0 presently living together. 0 dating partner; 0 victim of defendant's sexual assault; 0 victim of defendant's stalking. If none of the above, describe relationship:

5.

Plaintiff and defendant are the parents of the following child(ren). Name Date of Birth Gender

Present Address

Mila

Malenko

11/29/06

_F_

28 Franklin

Terrace,

S. Portland

List below where and with whom the child(ren) have lived within the past 5 years. Name and present address of Dates child(ren) lived person child(ren) lived with with that person
Plaintiff Plaintiff & Defendant Plaintiff & Defendant

Town and State where child(ren) lived with that person

Late May 08 - present Sept 05 - late May 08 June 05 - Seot 05

..:;:;:i..:...

..:...t-'...:;.O..:...n::.:..;la:::..:n..:...a:::2,~IV.:..:I.:::t:'-_ _ _

S. Portland, ME (2 mo in Budapest)

..:...P-=oc..:..rt..:..:..la=nc..:..d=,~M...:...=:E'__

6.

The person who has primary physical residence of the above-named child(ren) is _P'--'-"'a .. ;1..Io.llt;ffll...-

7. Plaintiff has not been involved in any way in, and has no information about, another court case in any state concerning the custody of the child(ren) except as follows: III Divorce or Family Matter Action Protective Custody 0 Other (describe what kind of other case) :---:--:---'_ 8. No one other than the parties has physical custody of the child(ren), or claims to have custody or visitation rights with respect to the child(ren), except as follows: ~ _ 9. Check all of thefollowing that apply: I am in immediate and present danger of abuse by the defendant, and I ask that the court issue a temporary order to protect me without prior notice to the defendant. Q] My child(ren) are in immediate and present danger of abuse by the defendant, and I ask that the court issue a temporary order to protect my minor child(ren) without prior notice to the defendant. I am not asking for a temporary order.

PA-OOI, Rev. 08/07

10. Answer the following questions:

Does defendant have access to a firearm? 0 Yes 0 No Does defendant possess a firearm? 0 Yes Has the defendant ever used a firearm in an intimidating, threatening or abusive way? 0 Yes III No If yes, please explain: ~ ~ ~

IIINo
-'--_

11. I base my claim for protection from abuse on the following facts: Describe the abuse. State who committed the abuse. when it occurred and who was abused. (If additional snace is needed attach another sheet.)

12. One or both of the parties ate involved in the following related cases: III Divorce or Family Matter action 0 Protection from Abuse

Criminal Complaint

If there are any court orders awarding custody, visitation, etc. for the children or any court orders against the defendant or any actions pending against either the plaintiff or the defendant, give details: _
benefits have been or are now being received for the child(ren) of Human Services has been contacted to set up, review, change or enforce a child support order regarding the child(ren). (If an order has issued, a copy of the order must be attached to this complaint). If either of the above statements is checked, you must send a copy of this complaint to the Department of Human Services, Support Enforcement Division, Central Office Supervisor, State House Station 11, Augusta, ME 04333-0011. 14. 0 To the personal knowledge of the undersigned, Defendant is not in the Military Service of the United States, as defined in Article I of the "Soldiers' and Sailors' Civil Relief Act of 1940" as amended. This fact is evidenced by the following facts as to residence, employment, etc.: _ 13.

o The Department

Public assistance

THEREFORE,

I ASK THE COURT TO:

o
[!]

!!1
1!1

(a) (b) (c) (d)

El (e)
(f) (g)

Order the defendant to stop abusing me and my minor child(ren) living in the household. Order the defendant to have no contact with me, directly or indirectly E:J or my minor children. Order the defendant not to enter my separate residence. Order the defendant to refrain from repeatedly, and without reasonable cause, following me or being at, or in the vicinity of, my home, school, business or place of employment. Order the defendant not to possess or use a firearm or dangerous weapon. Give me possession of and order the defendant to leave immediately and not again enter my residence located at: 28 Franklin Terrace, S. Portland, ME Give me possession of the following personal and household property:

o
III

(h)

Award me custody of the following

child(ren)

(names and ages):

Mila Malenko, 1 year old.

(i)

!ZI 0.

(j)

(k)

Give the defendant the following visitation rights with the child(ren): Supervised visitation with an appropriate professional supervisor pending the GAL's investigation and recommendations in the family matter and thereafter such contact as may be agreed upon or ordered in the family matter. Order the defendant to receive counseling, to pay support for me and/or our child(ren), pay damages for lost wages or injuries, pay court costs and attorney fees, and enter any ot~ecessary orders. Other relief requested: Return of daughter's passport to Plaintiff.

Date:

6/6/08

-="7~i:.".;~~;----;>,,/~-____:=--=~::::::====-~laintiff oath to the truth of the statements

Personally appeared the above named Plaintiff and complaint, before me, Date: 6/6/08

_Cl~n

in the above

I am seeking an order for protection from abuse against my husband, Igor Malenko, on behalf of our daughter, Mila, because I am very afraid for her safety based his history of physically abusing me with Mila in my arms and without regard to her safety, throwing things at me that could easily have hit her instead, again without regard to her safety, delusions he has suffered at times that cause me to be concerned about his ability to safely care for her when he is one of those states, and his even mistaking her for the dog on one occasion while in a state. My fear and request for protection are based in part on the following history: Igor has a long history of violence, not just against me but against others. At the age of 16, he knocked a classmate into a coma and was ordered to obtain psychological treatment. After that, Igor suffered incredible atrocities that are not his fault, but that have left him even more dangerous. He was a member of the JNA, the Yugoslav National Army, and was severely tortured in the Balkan war, which was known for its
~"L.~ ~L.~L~l~LJ' .'~~ ~.~~~lL, 1.~ ~~ r' 11(")I(")01(,.l'Il nl('.nl'l-rl)"A l'Inn DAnTTlrnAln l'I

psychiatric hospital, and has been diagnosed subsequently with PTSD by True North. I also believe he suffers from bipolar disorder, although I am not certain whether there has ever been a formal diagnosis. There has not been one here, but might have been one in Yugoslavia. When Igor has been in manic states, he has, among other things, thrown things at me, even when I have been holding the baby and nursing the baby, slapped me very hard, also while I was nursing our baby, and thrown a jar at my head. While we were living in Budapest last year, he also repeatedly threatened to kill me, forcing me to flee the country where I had a tenure track academic position. At other times, when Igor is not in a manic state, he can seem quite fine, and I have repeatedly taken him back based on promises he would seek appropriate help or treatment, was sorry, would not behave that way again, and also based on my feeling that my daughter needs her father in her life but that her safety could only be assured by my being there as well. Igor is once again in a manic state, and I am very fearful what he might do. Just two weeks ago, he forced open my bedroom door (which I had blocked) while my daughter and I were asleep, terrifying me, demanding to kiss our sleeping daughter, and making threats if I do anything to "take his daughrer" fmrn him l-iA t1;t1 n(")tnA('.;fvmbt hA would do, but based on the past specific threats to kill me and past violence during manic attacks, I am extremely concerned by these threats. Also, while the threats were phrased in a conditional way of "if I" did something, he has a history of misperceiving situations and could take almost anything as an effort to ''take his daughter," including this Complaint, especially now that I am seeking protection on our daughter's behalf, which I was trying to avoid on the advice of counsel in order to avoid triggering him if I could otherwise provide for her safety. Without a protection from abuse order, I do not believe that my daughter will be safe or that anything will keep him from grabbing Our daughter since he has made it clear that he intends to do exactly that if there is only an order with respect to me that does not

expressly apply to our daughter. Even with a protection from abuse order, I will be very nervous for Mila's safety because Igor's actions tend not to be premeditated but instead impulsive. But the order should ensure an ability for supervised contact that will permit her to be safe while ensuring they are still able to have contact and maintain a relationship.