An Act To Discourage the Misuse of the Process for Obtaining Protection from Abuse
Maine Legislature, Session 124, LD 0756
Committee: JUdiciary
Sponsors: SCHATZ, CLEARY
Amends: 19-A MRSA §4007, 19-A MRSA §40, 19-A MRSA §4010

Legislative Document 
No. 756 
H.P.515 
House of Representatives, February 26,2009 
An Act To Discourage the Misuse of the Process for Obtaining 
Protection from Abuse 
Reference to the Committee on JUdiciary suggested and ordered printed. 
Presented by Representative SCHATZ of Blue Hill. 
Cosponsored by Representative: CLEARY of Houlton. 
Pr!ntcd on I'l.:cydcd paper 
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MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People ofthe State of Maine as follows: 
Sec. 1. 19-A MR.SA §4007, sulb-§2, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read: 
2. Duration. A protective order or approved consept agreement is for a fixed period 
not to exceed 2 years. At the expiration of that time, the court may extend an order, upon 
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motion of the plaintiff, for such additional time as it determines necessary to protect the 
plaintiff or minor child from abuse a fixed period not to exceed 2 years. The .court may 
contjnue the order in effect until the hearing UIider section 4006, subsection 1 on the 
motion to extend. Upon motion by either party, for sufficient cause, the court may 
modify the order or agreement from time to thne as circumstances require .. An approved 
consent agreement may not be extended without the consent of both parties. . 
Sec.2. 19-A MRSA §4007,suh-§H is enacted to read: 
11. Attorney's fees. The court shall order the plaintiff to pay the defendant's 
reasonable attorney's fees if the court fmds that allegations made by the plaintiff were 
false or substantially inadequate to rise to. the level of meriting relief or that the 
allegations were made with the intent to harass the defendant. 
Sec. 3. 19-A MRSA §4007, sub-§:Jl2 is enacted to read: 
12. No continuance of ex parte order if no abuse proved.' If the court does not 
make a fuding that the defendant has 'committed the alleged abuse or engaged in the 
alleged conduct described in section 4005, subsection 1, the court may not extend an ex 
parte protection order to provide the plaintiff an opportunity to initiate a proceeding to 
determine parental rights and responsibilities under chapter 55. 
Sec. 4. 19-A MRSA §40:JlO, sub-§l, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is amended to read; 
1. Civil rules apply. Unless 'c-theIWise indicated in this chapter, all proceedings 
must be in accordance with the Maine Rules of Civil Procedure. Maine Rules of Civil 
Procedure, Rule 26 applies to discovery. Appeals may be taken as provided by the Maine 
Rules of Civil Procedure. Appeals may be only for error of law or abuse of discret~on. 
Sec. 5. 19-A MRSA §4010, sub-§6 is enacted to read: 
6. Priority. Actions under this chapter have priority over all other civil actions 
except protective custody hearings under Title 22, chapter 1071. 
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S~RY 
This bill addresses several issues.in the protection from abuse laws. 
. 1. It provides that a protection order may be extended, but only for a time certain, not 
to exceed 2 years. Current law does not put a time limit on extensions. 
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2. It provides that an order entered as a consent agreement cannot be extended 
without the consent of both parties. 
3. It requires the court to order the plaIntiff to pay the reasonable attorney's fees of 
the defendant if the court finds that the allegations made by the plaintiff were false or 
substantially madequate to rise to the level of meriting relief or that the allegations were 
made with the intent to harass the defendant. 
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4. It provides that the court may not order a continuance of an ex parte protection 
. order when the plaintiff did not prove abuse in order to allow the plaintiff to initiate' a 
parental rights and responsibilities action. 
5. It clarifies that discovery under the Maine Rules of Civil Procedure, Rule 26 
applies to actiOlls under the protection from abuse laws. 
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6. It provides that protection from abuse actions have priority on the court's docket 
over all other civil actions other than child protective custody hearings.