An Act To Clarify the Award of Fees in Domestic Violence Cases
Maine Legislature, Session 125, LD 1576
Committee: Judiciary
Sponsors: CAIN, GERZOFSKY, BLODGETT, BURNS, CLARKE, HASKELL, PLUMMER, MASON, WHITTEMORE
Amends: 19-A MRSA §4007

Legislative Document 
No. 1576 
H.P. 1159 
House of Representatives, May 18, 2011 
An Act To Clarify the Award of Fees in Domestic Violence Cases 
(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. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative CAIN of Orono. 
Cosponsored by Senator GERZOFSKY of Cumberland and 
Representatives: BLODGETT of Augusta, BURNS of Whiting, CLARKE of Bath, HASKELL 
of Portland, PLUMMER of Windham, Senators: MASON of Androscoggin, WHITTEMORE 
of Somerset. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the federal Violence Against Women Act of 2000 has a requirement 
regarding management of costs and fees in protection from abuse orders; and 
Whereas, all applicants for funding under the federal Violence Against Women Act 
of 2000 are required to certify that laws, policies and practices do not require, in 
connection with the filing, issuance, registration or service of a protection order or a 
petition for a protection order to protect a victim of domestic violence, stalking or sexual 
assault, that the victim bear the costs associated with the issuance of a protection order; 
and 
Whereas, there are concerns that Maine's protection from abuse statute is 
ambiguous about the awards of attorney's fees and court costs; and 
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period so that grant certifications can be made in good faith; 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.  19-A MRSA §4007, sub-§1, ¶L, as amended by PL 2005, c. 510, §10, is 
further amended to read: 
L.  Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court 
costs or reasonable attorney's fees; 
Sec. 2.  19-A MRSA §4007, sub-§1, ¶L-1 is enacted to read: 
L-1.  Ordering the plaintiff to pay court costs or reasonable attorney's fees, or both, 
only if a judgment is entered against the plaintiff after a hearing in which both the 
plaintiff and the defendant are present and the court finds that the complaint is 
frivolous; 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill limits the award of court costs and reasonable attorney's fees to a defendant 
in a protection from abuse matter to cases when a judgment is entered against the plaintiff 
after a hearing where both parties are present and the court finds that the complaint is 
frivolous.