An Act To Amend the Protection from Harassment Laws (AFTER DEADLINE)
Maine Legislature, Session 121, LD 1906
Committee: Judiciary
Sponsors: MILLS, PENDLETON, NORBERT, SHERMAN
Amends: 5 MRSA §4652, 5 MRSA §4653, 5 MRSA §4654, 5 MRSA §4655

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1906 
H.P. 1410 
House of Representatives, March 4, 2004 
An Act To Amend the Protection from Harassment Laws 
(AFTER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative MILLS of Farmington. 
IY/~ 
/J7.7J1u£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Senator PENDLETON of Cumberland and 
Representatives: NORBERT of Portland, SHERMAN of Hodgdon. 
Printed on recycled paper 
Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, 
the 
procedures 
for 
protection 
from 
harassment 
hearings need to be altered to protect both the plaintiff and 
defendant; and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §4652, as amended by PL 1995, c. 650, §2, is 
further amended to read: 
§4652. 
Filing of complaint; jurisdiction 
Proceedings under this chapter must be filed, 
heard and 
determined in the District Court of the division in which either 
the plaintiff or the defendant resides. 
If the plaintiff has 
left the plaintiff's residence to avoid harassment, the plaintiff 
may bring an action in the division of the plaintiff's previous 
residence or new residence. 
The District Court has 
jurisdiction over protection from 
harassment petitieBS complaints. 
If a District Court judge is 
not available in the division in which a complaint requesting a 
temporary order is to be filed, the complaint may be presented to 
any other District Court judge or to any Superior Court justice 
who has the same authority as a District Court judge to grant or 
deny the temporary order. 
A juvenile may be a party to an action under this chapter 
only when the juvenile has 
a 
representative through whom the 
action is brought or defended pursuant to the Maine Rules of 
Civil Procedure, Rule l7(b). 
The Department of Human Services 
may act as a representative of the juvenile. 
If any notice or 
service is required by this chapter, the notice or service must 
be 
provided 
to 
both 
the 
juvenile 
and 
the 
juvenile's 
representative. 
Sec. 2. 5 MRSA §4653, sub-§ 1, as amended by PL 1995, c. 560, 
§3, is further amended to read: 
1. 
Filing; police report. 
victim of harassment, including 
ABy A person who has been a 
a business, may seek relief by 
filing 
a 
sworn 
FetitieB 
complaint 
in 
an 
appropriate 
court 
alleging that harassment. 
Prior to filing the complaint. the 
person must file a report with the law enforcement agency having 
jurisdiction over that person. 
The person shall present evidence 
of that report when filing the complaint. 
Sec. 3. 5 MRSA §4653, sub-§2, as enacted by PL 1987, c. 515, 
§l, is amended to read: 
2. 
Assistance. 
The court shall provide separate forms with 
a 
summons 
and clerical assistance to assist either party to 
proceed under this chapter in completing and filing a FetitieB 
complaint or other necessary documents. 
This assistance sha;t;t 
may not include legal advice or assistance in drafting legal 
documents. 
Sec. 4. 5 MRSA §4654, sub-§l, as enacted by PL 1987, c. 515, 
§l, is amended to read: 
1. 
Full hearing; alternative dispute resolution. 
WithiB-61 
aays-ef-~~~~~~~~-&-FetitieBr-a A hearing shal;t ~ 
be held 
at which the plaintiff shall prove the allegation of harassment 
by a preponderance of the evidence. 
The court may conduct a case management conference to identify 
witnesses and exhibits, determine the settlement status and enter 
~retrial order governing the conduct and scheduling of the 
trial. 
Any temporary order remains in effect pending the final 
hearing. 
The 
court 
may 
require 
the 
parties 
to 
engage 
in 
alternative dispute resolution to attempt to resolve the dispute 
prior to the scheduled trial date. 
Sec. 5. 5 MRSA §4654, sub-§2, as amended by PL 1995, c. 650, 
§4, is further amended to read: 
2. 
Temporary orders. 
The court may enter any temporary 
orders, authorized under subsection 4, without written or oral 
notice to the defendant or the defendant's attorney if: 
A. 
It appears clearly from a verified FetitieB complaint or 
an affidavit accompanying the FetitieB complaint that: 
(1) 
Before the defendant or the defendant's attorney 
can 
be 
heard, 
the 
plaintiff 
or 
the 
plaintiff's 
employees may be in immediate and present danger of 
physical abuse from the defendant or in immediate and 
present danger of suffering extreme emotional distress 
as 
a 
result 
of 
the 
defendant's 
conduct~ or 
the 
plaintiff's 
business 
property 
is 
in 
immediate 
and 
present danger of suffering substantial damage as 
a 
result of the defendant's actions; 
(2) 
Either the plaintiff has or has not contacted any 
law 
enforcement 
officials 
concerning 
the 
alleged 
harassment; and 
(3) 
The plaintiff has provided sufficient information 
to substantiate the alleged harassment; 
B. 
When reasonable, the plaintiff or the court has made 
reasonable efforts to give written or oral notice to the 
defendant or the defendant's attorney that the plaintiff is 
seeking a temporary order; and 
C. 
The 
court provides 
written 
reasons 
for 
entering 
a 
temporary order. 
Sec. 6. 5 MRSA §4654, sub-§3, as amended by PL 1991, c. 760, 
§3, is further amended to read: 
3. 
Emerqency 
relief. 
Emergency 
relief 
saal-l---ee 
is 
available as follows. 
A. 
When there is no judge available in the District Court 
having venue or the District Court courthouse is closed and 
no other provision can be made for protection of a victim of 
harassment, 
a 
Fe~i~ie:e complaint may be presented to any 
judge of the District Court or Justice of the Superior 
Court. Upon a meeting of the requirements of subsection 2, 
the court may enter any temporary orders, authorized under 
subsection 4, as the court considers necessary to protect 
the plaintiff from harassment. 
B. 
If 
a 
Fe~i~ieB 
complaint 
is 
presented 
under 
this 
subsection, 
the 
Fe~i~ieB complaint 
and 
any 
order 
issued 
pursuant 
to 
the 
Fe~i~ie:e complaint 
must 
be 
immediately 
certified to the clerk of the District Court having venue 
for filing. This certification to the court has the effect 
of commencing proceedings and invoking the other provisions 
of this chapter. 
C. 
An 
order 
saall--FemaiB 
remains 
in effect pending 
a 
hearing pursuant to subsection 1. 
Sec. 7. 5 MRSA §4654, sub-§5, as amended by PL 2001, c. 134, 
§2, is further amended to read: 
5. 
Service of order. 
If the court issues a temporary order 
or orders emergency or interim relief, the court shall order a 
law enforcement agency or, if the defendant is present in the 
courthouse, a court security officer qualified pursuant to Title 
4, section 17, subsection 15 to serve the defendant personally 
with the order, the ~etitiEla complaint and the summons. 
Sec. 8. 5 MRSA §4655, sub-§l, ,D, as amended by PL 1995, c. 
265, §9, is further amended to read: 
D. 
Ordering 
payment 
of 
monetary 
compensation 
to 
the 
plaintiff for losses suffered as 
a 
direct result of the 
harassment. 
Compensatory losses 
are 
limited to loss of 
earnings or support; 
reasonabl~ expenses incurred for safety 
protection; 
reasonable 
expenses 
incurred 
for 
personal 
injuries 
or 
property 
damage; 
and 
reasonable 
moving 
expenses. 
Upon the motion of either party, for sufficient 
cause, the court may set a later hearing on the issue of the 
amount of damages, if any, to be awarded. 
If it appears 
from 
the 
~etitiea complaint 
that 
an 
order 
under 
this 
paragraph may be granted, 
the plaintiff or defendant may 
remove the issue of monetary compensation to the Superior 
Court where 
a 
jury trial may 
be had. 
Removal 
must 
be 
requested by motion prior to a hearing under section 4654; 
Sec. 9. 5 MRSA §4655, sub-§l, ,E, as amended by PL 1993, c. 
475, §2, is further amended to read: 
E • 
r de ring 
the 
de f e ndan t 
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l-"'a""i""n"-'t~-=i-=s 
dismissed, the plaintiff to pay court costs or reasonable 
attorney's fees; and 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill renames the instrument used to obtain protection 
from harassment a 
"complaint" to properly reflect the process. 
The 
bill 
also 
amends 
the 
procedure 
for 
a 
protection 
from 
harassment complaint by requiring the plaintiff to file a report 
with 
the 
appropriate 
law 
enforcement 
agency 
and 
to 
present 
evidence of that report when filing a complaint for protection 
from harassment. 
This bill also removes the requirement that the hearing on 
the complaint for protection from harassment be held wi thin 21 
days of the filing of the complaint and allows the 
judge to 
require the parties to engage in alternative dispute resolution. 
Finally, this bill allows a court to require a plaintiff to 
pay 
court 
costs 
and 
attorney's 
fees 
if the 
complaint 
is 
dismissed. 
The 
court 
currently has 
this 
power 
regarding 
a 
defendant. 
This 
change 
conforms 
to the current law under 
a 
protection from abuse order.