An Act To Protect Plaintiffs and Minor Children in Certain Civil Protection Order Cases
Maine Legislature, Session 121, LD 1568
Committee: Judiciary
Sponsors: DAGGETT
Amends: 19-A MRSA §4007

Legislative Document 
No. 1568 
S.P.527 
In Senate, April 14, 2003 
An Act To Protect Plaintiffs and Minor Children in Certain Civil 
Protection Order Cases 
Submitted by the Department of the Attorney General pursuant to Joint Rule 204. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by President DAGGETT of Kennebec. 
JOY J. O'BRIEN 
Secretary of the Senate 
Under suspension of the rules, cosponsored by Speaker COLWELL of Gardiner and 
Senators: BENNETT of Oxford, BRENNAN of Cumberland, BROMLEY of Cumberland, 
BRY ANT of Oxford, CARPENTER of York, CATHCART of Penobscot, DAVIS of 
Piscataquis, DOUGLASS of Androscoggin, EDMONDS of Cumberland, GAGNON of 
Kennebec, GILMAN of Cumberland, HATCH of Somerset, KNEELAND of Aroostook, 
LEMONT of York, MARTIN of Aroostook, MAYO of Sagadahoc, MITCHELL of Penobscot, 
NASS of York, PENDLETON of Cumberland, ROTUNDO of Androscoggin, SAVAGE of 
Knox, SAWYER of Penobscot, SHOREY of Washington, STANLEY of Penobscot, 
Printed on recycled paper 
STRIMLING of Cumberland, TREAT of Kennebec, TURNER of Cumberland, WESTON of 
Waldo, WOODCOCK of Franklin, YOUNGBLOOD of Penobscot, Representatives: 
ANDREWS of York, AUSTIN of Gray, BARSTOW of Gorham, BENNETT of Caribou, 
BERRY of Belmont, BERUBE of Lisbon, BLANCHETTE of Bangor, BLISS of South 
Portland, BRANNIGAN of Portland, BRUNO of Raymond, BRYANT-DESCHENES of 
Turner, BULL of Freeport, CANAVAN of Waterville, CARR of Lincoln, CLARK of 
Millinocket, CROSTHWAITE of Ellsworth, CUMMINGS of Portland, CURLEY of 
Scarborough, DAVIS of Falmouth, DUNLAP of Old Town, DUPLESSIE of Westbrook, 
EARLE of Damariscotta, EDER of Portland, FINCH of Fairfield, FISCHER of Presque Isle, 
GERZOFSKY of Brunswick, GREELEY of Levant, GROSE of Woolwich, HATCH of 
Skowhegan, HOTHAM of Dixfield, KANE of Saco, LA VERRIERE-BOUCHER of Biddeford, 
LEDWIN of Holden, LEMOINE of Old Orchard Beach, LESSARD of Topsham, LEWIN of 
Eliot, LORING of the Penobscot Nation, MAILHOT of Lewiston, MAKAS of Lewiston, 
McKEE of Wayne, McLAUGHLIN of Cape Elizabeth, McNEIL of Rockland, MILLETT of 
Waterford, MILLS of Farmington, MURPHY of Kennebunk, NORBERT of Portland, 
O'BRIEN of Augusta, PARADIS of Frenchville, PATRICK of Rumford, PERRY of Bangor, 
RECTOR of Thomaston, RICHARDSON of Brunswick, ROGERS of Brewer, SHERMAN of 
Hodgdon, SIMPSON of Auburn, SMITH of Monmouth, SNOWE-MELLO of Poland, TARDY 
of Newport, TOBIN of Windham, TRAHAN of Waldoboro, USHER of Westbrook, WATSON 
of Bath, YOUNG of Limestone. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 19·A MRSA §400S, sub·§S is enacted to read: 
5. 
Notice. 
Prior to the plaintiff signing a complaint, the 
court shall notify the plaintiff that it is a crime to make a 
false statement under oath in a court document. 
Sec.2. 19·A MRSA §4006, sub·§2·A is enacted to read: 
2-A. 
Temporary orders: possession of dangerous weCWOns. 
The court may direct the defendant not to possess a firear;m or 
other dangerous weapon for the duration of the temporary order if 
the complaint demonstrates: 
A. 
Abuse that involves a firearm or other dangerous weapon: 
or 
B. 
A heightened risk of immediate abuse to the plaintiff or 
a minor child. 
In determining whether a heightened risk of 
immediate abuse is present, the court shall consider, but is 
not limited to consideration of, whether: 
(1) 
The temporary order of protection is not likely to 
achieve its purpose in the absence of such a condition: 
(2) 
The defendant has violated orders of protection: 
(3) 
Past or present abuse to a victim resulted in 
injury: 
(4) 
The abuse occurred in public: and 
(5) 
The abuse includes: 
(a) 
Threats of suicide or homicide: 
(b) 
Killing or threatening to kill pets: 
(c) 
An escalation of violence: 
(d) 
Stalking behavior or extreme obsession: 
(e) 
Sexual violence: 
(f) 
Excessive alcohol or drug use: and 
(g) 
Abuse against a pregnant victim. 
Page l-LR2011(1) 
If the court prohibits the defendant from possessing a firearm or 
other dangerous weapon in a temporary order and if the defendant 
moves for dissolution or modification of an order pursuant to 
subsection 7, 
the court must hear 
and decide the motion as 
expeditiously as possible and must issue a written decision on 
the motion within 24 hours after a hearing on that motion. 
If the court prohibits the defendant from possessing a dangerous 
weapon other than a firearm in a temporary order, the court shall 
specify the type of weapon the defendant is prohibited from 
possessing. 
If the court prohibits the defendant from possessing a firearm or 
other dangerous weapon in a 
temporary order, 
the court shall 
direct the defendant to relinquish, within 24 hours after service 
of the order on the defendant or such earlier time as the court 
specifies in the order, all firearms 
and specified dangerous 
weapons in the possession of the defendant to a law enforcement 
officer or other individual for the duration of the order. 
If 
the weapons are relinquished to an individual other than a law 
enforcement officer, the defendant must file, within 24 hours 
after 
such 
relinquishment, 
with 
the 
court 
or 
local 
law 
enforcement agency designated in the order a written statement 
that contains the name and address of the individual holding the 
weapons 
and 
a 
description 
of 
all 
weapons 
held 
by 
that 
individual. 
The court may subsequently issue a search warrant 
authorizing a law enforcement officer to seize any firearms and 
other dangerous weapons at any location if there is probable 
cause to believe such firearms or dangerous weapons have not been 
relinquished by the defendant. 
Sec.3. 19-A MRSA §4007, sub-§l-A is enacted to read: 
I-A. 
No possession of firearm or dangerous weapons for 
duration of order. 
If the court prohibits the defendant from 
possessing a dangerous weapon other than a firearm, 
the court 
shall specify the type of weapon the defendant is prohibited from 
possessing. 
If the court prohibits the defendant from possessing a firearm or 
other dangerous weapon, the court shall direct the defendant to 
relinquish, within 24 hours after service of the order on the 
defendant or such earlier time as the court specifies in the 
order, 
all 
firearms 
and 
specified dangerous 
weapons 
in the 
possession of the defendant to a law enforcement officer or other 
indi vidual for the duration of the order. 
If the weapons are 
relinquished 
to 
an 
individual other 
than 
a 
law enforcement 
officer, the defendant must file, within 24 hours after such 
relinquishment, with the court or local law enforcement agency 
designated in the order a written statement that contains the 
name and address of the individual holding the weapons and a 
description of all wea,pons held by that individua,l. 
The court 
may 
subseguently 
issue 
a, 
search 
warra,nt 
authorizing 
a 
law 
enforcement officer to seize any firea,rms 
a,nd other dangerous 
weapons at any location if there is proba,ble cause to believe 
such firearms or dangerous weapons ha,ve not been relinguished by 
the defendant. 
SUMMARY 
This bill allows the court, in the most dangerous protection 
from abuse cabes, to issue a temporary order that prohibits the 
defendant from possessing a firearm or other dangerous weapon. 
The bill incorporates proven indicators of increased risk of 
death in domestic violence situations to help the court determine 
when it is appropriate to grant the permitted relief. 
It also 
provides the defendant with a prompt hearing and decision on a 
motion 
for 
dissolution 
or 
modification. 
Finally, 
the 
bill 
requires 
a defendant to relinquish possession of firearms 
and 
specified dangerous weapons if the defendant is prohibited from 
possession in either a temporary or permanent protection order.