An Act To Improve the Protection from Abuse Laws
Maine Legislature, Session 123, LD 0988
Committee: Judiciary
Sponsors: SIMPSON, HOBBINS, CASAVANT, DILL, DUNN, MILLS, NASS, HASTINGS, MARRACHE
Amends: 17-A MRSA §1201, 19-A MRSA §4002, 19-A MRSA §4005, 19-A MRSA §4007

Legislative Document 
No. 988 
H.P.748 
House of Representatives, March 2, 2007 
An Act To Improve the Protection from Abuse Laws 
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 Representative SIMPSON of Auburn. 
Cosponsored by Senator HOBBINS of York and 
1J1~ 
frl.1l!dC~ 
MILLICENT M. MacFARLAND 
Clerk 
Representati yes: BRYANT of Windham, CASAVANT of Biddeford, DILL of Cape Elizabeth, 
DUNN of Bangor, MILLS of Farmington, NASS of Acton, Senators: HASTINGS of Oxford, 
MARRACHE of Kennebec. 
Printed on reqded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 17-A MRSA §1201, sub-§l, ~A-l, as amended by PL 2005, c. 265, §7, 
is further amended to read: 
A -1. 
The conviction is for a Class D or Class E crime other than: 
(1) A Class D or Class E crime relative to which, based upon both the written 
agreement of the parties and a court finding, the facts and circumstances of the 
underlying criminal episode giving rise to the conviction generated probable 
cause to believe the defendant had committed a Class A, Class B or Class C 
crime in the course of that criminal episode and, as agreed upon in writing by the 
parties and found by the court, the defendant has no prior conviction for murder 
or for a Class A, Class B or Class C crime and has not been placed on probation 
pursuant to this subparagraph on any prior occasion; 
(2) A Class D crime committed against a family or household member, a dating 
partner or a victim of sexual assault or stalking under chapter 9 or 13 or section 
506-B, 554, 555 or 758. As used in this subparagraph, "family or household 
member" has the same meaning as in Title 19-A, section 4002, subsection 4~ 
"dating partner" has the same meaning as in Title 19-A, section 4002, subsection 
3-A; "victim of sexual assault or stalking" means a person who has been a victim 
of conduct defined as stalking in section 21O-A or described as sexual assault in 
chapter 11 committed by someone other than a family or household member or 
dating partner; 
(3) A Class D or Class E crime in chapter 11 or 12; 
(4) A Class D crime under section 210-A; 
(5) A Class D or Class E crime under section 556, section 854, excluding 
subsection 1, paragraph A, subparagraph (1), or section 855; 
(6) A Class D crime in chapter 45 relating to a schedule W drug; or 
(7) A Class D or Class E crime under Title 29-A, section 2411, subsection I-A, 
paragraph B. 
Sec. 2. 19-A MRSA §4002, sub-§l, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
1. Abuse. "Abuse" means the occurrence of the foll<?wing acts between family or 
household members or dating partners or by a family or household member or dating 
partner upon a minor child of a family or household member or dating partner: 
A. 
Attempting to cause or causing bodily injury or offensive physical contact, 
including sexual assaults under Title 17-A, chapter 11, except that contact as 
described in Title 17 -A, section 106, subsection 1 is excluded from this definition; 
B. 
Attempting to place or placing another in fear of bodily injury through any 
course of conduct, including, but not limited to, threatening, harassing or tormenting 
behavior; 
C. 
Compelling a person by force, threat of force or intimidation to engage in 
conduct from which the person has a right or privilege to abstain or to abstain from 
conduct in which the person has a right to engage; 
D. 
Knowingly restricting substantially the movements of another person without 
that person's consent or other lawful authority by: 
(1) Removing that person from that person's residence, place of business or 
school; 
(2) Moving that person a substantial distance from the vicinity where that 
person was found; or 
(3) Confining that person for a substantial period either in the place where the 
restriction commences or in a place to which that person has been moved; 
E. 
Communicating to a person a threat to commit, or to cause to be committed, a 
crime of violence dangerous to human life against the person to whom the 
communication is made or another, and the natural and probable consequence of the 
threat, whether or not that consequence in fact occurs, is to place the person to whom 
the threat is communicated, or the person against whom the threat is made, in 
reasonable fear that the crime will be committed; or 
F. 
Repeatedly and without reasonable cause: 
(1) Following the plaintiff; or 
(2) Being at or in the vicinity of the plaintiffs home, school, business or place of 
employment. 
Sec. 3. 19-A MRSA §4002, sub-§3-A is enacted to read: 
3-A. Dating partners. "Dating partners" means individuals currently or formerly 
involved in dating each other, whether or not the individuals are or were sexual partners. 
Sec. 4. 19-A MRSA §4005, sub-§l, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
1. Filing. An adult who has been abused by a family or household member or a 
dating partner may seek relief by filing a complaint alleging that abuse. 
When a minor child in the care or custody of a family or household member or a dating 
partner has been abused by a family or household member or a dating partner, a person 
responsible for the child, as defined in Title 22, section 4002, subsection 9, or a 
representative of the department may seek relief by filing a petition alleging that abuse. 
An adult who has been a victim of conduct defined as stalking in Title 17-A, section 
210-A or described as sexual assault in Title 17-A, chapter 11, whether or not the conduct 
was perpetrated by a family or household member or dating partner, may seek relief by 
filing a complaint alleging that conduct without regard to whether criminal prosecution 
has occurred. When a minor has been a victim of such conduct, the minor's parent, other 
person responsible for the child or a representative of the department may seek relief by 
filing a petition alleging that conduct. 
Sec. 5. 19-A MRSA §4007, sub-§I, as amended by PL 2005, c. 510, §§IO to 12, 
is further amended to read: 
1. Protection order; consent agreement. The court, after a hearing and upon 
finding that the defendant has committed the alleged abuse or engaged in the alleged 
conduct, may grant a protective order or, upon making that finding, approve a consent 
agreement to bring about a cessation of abuse or alleged conduct. This subsection does 
not preclude the parties from voluntarily requesting a consent agreement without a 
finding of abuse. The court may enter a finding that the defendant represents a credible 
threat to the physical safety of the plaintiff or a minor child residing in the plaintiffs 
household. Relief granted under this section may include: 
A. 
Directing the defendant to refrain from threatening, assaulting, molesting, 
harassing, attacking or otherwise abusing the plaintiff and any minor children 
residing in the household; 
A-I. 
Directing the defendant not to possess a firearm or other dangerous weapon 
for the duration of the order; 
A-2. 
Prohibiting the defendant from the use, attempted 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. 
Directing the defendant to refrain from going upon the premises of the plaintiffs 
residence; 
C. 
Directing the defendant to refrain from repeatedly and without reasonable cause: 
(1) Following the plaintiff; ef 
(2) Being at or in the vicinity of the plaintiffs home, school, business or place of 
employment; or 
(3) Engaging in conduct defined as stalking in Title I7-A, section 21 O-A; 
D. 
Directing the defendant to refrain from having any direct or indirect contact with 
the plaintiff; 
E. 
When the mutual residence or household of the parties is jointly owned or jointly 
leased or when one party has a duty to support the other or their minor children living 
in the residence or household and that party is the sole owner or lessee: 
(1) Granting or restoring possession of the residence or household to one party, 
excluding the other; or 
(2) A consent agreement, allowing the party with the duty to support to provide 
suitable alternate housing; 
F. 
Ordering a division of the personal property and household goods and 
furnishings of the parties and placing any protective orders considered appropriate by 
the court, including an order to refrain from taking, converting or damaging property 
in which the plaintiff has a legal interest; 
F-I. 
Ordering the termination of a life insurance policy or rider under that policy 
owned by the defendant if the plaintiff is the insured life under the policy or rider. 
Upon issuance, a copy of the court order must be sent to the insurer that issued the 
policy; 
G. 
Either awarding some or all temporary parental rights and responsibilities with 
regard to minor children or awarding temporary rights of contact with regard to minor 
children, or both, under such conditions that the court finds appropriate as determined 
in accordance with the best interest of the child pursuant to section 1653, subsections 
to 6-B. The court's award of parental rights and responsibilities or rights of contact 
is not binding in any separate action involving an award of parental rights and 
responsibilities pursuant to chapter 55 or in a similar action brought in another 
jurisdiction exercising child custody jurisdiction in accordance with the Uniform 
II 
Child Custody Jurisdiction and Enforcement Act; 
H. 
Requiring the defendant to receive counseling from a social worker, family 
service agency, mental health center, psychiatrist or any other guidance service that 
the court considers appropriate. The court may not order and the State may not pay 
for the defendant to attend a batterers' intervention program unless the program is 
certified under section 4014; 
I. 
Ordering the payment of temporary support for the dependent party or for a child 
in the dependent party's custody in accordance with chapter 63, or both, when there is 
a legal obligation to support that dependent party or that child, or both; 
J. 
Ordering the payment of temporary support payments to the State as provided in 
chapters 63 and 67; 
K. 
Ordering payment of monetary compensation to the abused person for losses 
suffered as a direct result of the abuse. Compensatory losses are limited to loss of 
earnings or support, 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; 
L. 
Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court 
costs or reasonable attorney's fees; 
M. 
Entering any other orders determined necessary or appropriate in the discretion 
of the court; or 
N. 
Directing the care, custody or control of any animal owned, possessed, leased, 
kept or held by either party or a minor child residing in the household. 
If the court enjoins the defendant under this subsection and the enjoined conduct 
constitutes harassment under Title 17-A, section 506-A, the court shall include in the 
order a warning in conformity with Title 17-A, section 506-A. 
SUMMARY 
This bill allows current and former dating partners, whether or not sexual partners, 
and stalking and sexual assault victims to seek relief under the protection from abuse 
laws.