An Act To Enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act
Maine Legislature, Session 127, LD 1563
Committee: Judiciary
Sponsors: THIBODEAU, GUERIN, BAKER, BURNS, CYRWAY, KATZ, VOLK, WOODSOME, FOWLE, MAKER
Amends: 14 MRSA §8007

Legislative Document 
No. 1563 
S.P. 615 
In Senate, January 19, 2016 
An Act To Enact the Uniform Interstate Enforcement of Domestic 
Violence Protection Orders Act 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by President THIBODEAU of Waldo. 
Cosponsored by Representative GUERIN of Glenburn and 
Senators: BAKER of Sagadahoc, BURNS of Washington, CYRWAY of Kennebec, KATZ of 
Kennebec, VOLK of Cumberland, WOODSOME of York, Representatives: FOWLE of 
Vassalboro, MAKER of Calais. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  19-A MRSA c. 103 is enacted to read: 
CHAPTER 103 
UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE 
PROTECTION ORDERS ACT 
§4101.  Short title 
This chapter may be known and cited as the Uniform Interstate Enforcement of 
Domestic Violence Protection Orders Act. 
§4102.  Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1.  Foreign protection order.  "Foreign protection order" means a protection order 
issued by a tribunal of another state. 
2.  Issuing state.  "Issuing state" means the state whose tribunal has issued a 
protection order. 
3.  Mutual foreign protection order.  "Mutual foreign protection order" means a 
foreign protection order that includes provisions in favor of both the protected individual 
seeking enforcement of the order and the respondent. 
4.  Protected individual.  "Protected individual" means an individual protected by a 
protection order. 
5.  Protection order.  "Protection order" means an injunction or other order, issued 
by a tribunal under the domestic violence, family violence or stalking laws of the issuing 
state, to prevent an individual from engaging in violent or threatening acts against, 
harassment of, contact or communication with or physical proximity to another 
individual. 
6.  Respondent.  "Respondent" means the individual against whom enforcement of a 
protection order is sought. 
7.  State.  "State" means a state of the United States, the District of Columbia, Puerto 
Rico, the United States Virgin Islands or any territory or insular possession subject to the 
jurisdiction of the United States. "State" includes an Indian tribe or band that has 
jurisdiction to issue protection orders. 
8.  Tribunal.  "Tribunal" means a court, agency or other entity authorized by law to 
issue or modify a protection order. 
§4103.  Judicial enforcement of order 
1.  Enforcement in tribunal of this State.  A person authorized by the law of this 
State to seek enforcement of a protection order may seek enforcement of a valid foreign 
protection order in a tribunal of this State.  The tribunal shall enforce the terms of the 
order, including terms that provide relief that a tribunal of this State would lack power to 
provide but for this section.  The tribunal shall enforce the order, whether the order was 
obtained by independent action or in another proceeding, if it is an order issued in 
response to a complaint, petition or motion filed by or on behalf of an individual seeking 
protection.  In a proceeding to enforce a foreign protection order, the tribunal shall follow 
the procedures of this State for the enforcement of protection orders. 
2.  Foreign tribunal recognition of standing to enforce.  A tribunal of this State 
may not enforce a foreign protection order issued by a tribunal of a state that does not 
recognize the standing of a protected individual to seek enforcement of the order. 
3.  Enforcement when issued in accordance with jurisdictional requirements in 
issuing state.  A tribunal of this State shall enforce the provisions of a valid foreign 
protection order that govern custody and visitation if the order was issued in accordance 
with the jurisdictional requirements governing the issuance of custody and visitation 
orders in the issuing state. 
4.  Valid foreign protection order.  A foreign protection order is valid if it: 
A.  Identifies the protected individual and the respondent; 
B.  Is currently in effect; 
C.  Was issued by a tribunal that had jurisdiction over the parties and subject matter 
under the law of the issuing state; and 
D.  Was issued after the respondent was given reasonable notice and had an 
opportunity to be heard before the tribunal issued the order or, in the case of an order 
ex parte, the respondent was given notice and has had or will have an opportunity to 
be heard within a reasonable time after the order was issued, in a manner consistent 
with the rights of the respondent to due process. 
5.  Prima facie evidence of validity.  A foreign protection order valid on its face is 
prima facie evidence of its validity. 
6.  Affirmative defense.  Absence of any of the criteria for validity of a foreign 
protection order is an affirmative defense in an action seeking enforcement of the order. 
7.  Enforcement of mutual foreign protection order.  A tribunal of this State may 
enforce provisions of a mutual foreign protection order that favor a respondent only if: 
A.  The respondent filed a written pleading seeking a protection order from the 
tribunal of the issuing state; and 
B.  The tribunal of the issuing state made specific findings in favor of the respondent. 
§4104.  Nonjudicial enforcement of order 
1.  Enforcement by law enforcement officer.  A law enforcement officer of this 
State, upon determining that there is probable cause to believe that a valid foreign 
protection order exists and that the order has been violated, shall enforce the order as if it 
were the order of a tribunal of this State.  Presentation of a protection order that identifies 
both the protected individual and the respondent and, on its face, is currently in effect 
constitutes probable cause to believe that a valid foreign protection order exists.  For the 
purposes of this section, the protection order may be inscribed on a tangible medium or 
may have been stored in an electronic or other medium if it is retrievable in perceivable 
form.  Presentation of a certified copy of a protection order is not required for 
enforcement. 
2.  Existence of valid foreign protection order; probable cause.  If a foreign 
protection order is not presented, a law enforcement officer of this State may consider 
other information in determining whether there is probable cause to believe that a valid 
foreign protection order exists. 
3.  Notice to and service upon respondent.  If a law enforcement officer of this 
State determines that an otherwise valid foreign protection order cannot be enforced 
because the respondent has not been notified or served with the order, the officer shall 
inform the respondent of the order, make a reasonable effort to serve the order upon the 
respondent and allow the respondent a reasonable opportunity to comply with the order 
before enforcing the order. 
4.  Registration or filing not required.  Registration or filing of an order in this 
State is not required for the enforcement of a valid foreign protection order pursuant to 
this Act. 
§4105.  Registration of order 
1.  Registration of protection order.  Any individual may register a foreign 
protection order in this State.  To register a foreign protection order, an individual shall 
present a certified copy of the order to the office of the clerk of any District Court or of 
any Superior Court of this State. 
2.  Registration by clerk; certified copy.  Upon receipt of a foreign protection order, 
the clerk of the District Court or of the Superior Court shall register the order in 
accordance with this section.  After the order is registered, the court clerk shall furnish to 
the individual registering the order a certified copy of the registered order. 
3.  Protection order certified by issuing state; removal if inaccurate or not in 
effect.  The clerk of the District Court or of the Superior Court of this State shall register 
an order upon presentation of a copy of a protection order that has been certified by the 
issuing state.  A registered foreign protection order that is inaccurate or is not currently in 
effect must be corrected or removed from the registry in accordance with the law of this 
State. 
4.  Affidavit stating order is currently in effect.  An individual registering a foreign 
protection order shall file an affidavit by the protected individual stating that, to the best 
of the protected individual's knowledge, the order is currently in effect. 
5.  Entered into any registry.  A foreign protection order registered under this Act 
may be entered in any existing state or federal registry of protection orders, in accordance 
with applicable law. 
6.  Registration fee prohibited.  A fee may not be charged for the registration of a 
foreign protection order. 
§4106.  Immunity 
This State or a local governmental agency or a law enforcement officer, prosecuting 
attorney, clerk of court or any state or local governmental official acting in an official 
capacity is immune from civil and criminal liability for an act or omission arising out of 
the registration or enforcement of a foreign protection order or the detention or arrest of 
an alleged violator of a foreign protection order if the act or omission was done in good 
faith in an effort to comply with this Act. 
§4107.  Other remedies 
A protected individual who pursues remedies under this Act is not precluded from 
pursuing other legal or equitable remedies against the respondent. 
§4108.  Uniformity of application and construction 
In applying and construing this Act, consideration must be given to the need to 
promote uniformity of the law with respect to its subject matter among states that enact it. 
§4109.  Effective date 
This Act takes effect on October 1, 2016. 
§4110.  Transition provision 
This Act applies to protection orders issued before October 1, 2016 and to continuing 
actions for enforcement of foreign protection orders commenced before October 1, 2016.  
A request for enforcement of a foreign protection order made on or after October 1, 2016 
for violations of a foreign protection order occurring before October 1, 2016 is governed 
by this Act. 
PART B 
Sec. B-1.  14 MRSA §8007, as enacted by PL 1975, c. 335, is amended by adding 
at the end a new paragraph to read: 
This chapter does not limit the right to enforce an order pursuant to Title 19-A, 
chapter 103. 
SUMMARY 
This bill enacts the Uniform Interstate Enforcement of Domestic Violence Protection 
Orders Act approved by the National Conference of Commissioners on Uniform State 
Laws in 2002.  The purposes of the bill and section-by-section descriptions are included 
in the Comments provided by the National Conference of Commissioners on Uniform 
State Laws.  The Uniform Act is intended to be consistent with the federal Violence 
Against Women Act as reauthorized in 2013 in Public Law 113-4.  The full faith and 
credit provisions are codified in 18 United States Code, Section 2265. 
The Uniform Act provides an optional registration process for domestic violence 
protection orders, known as "protection from abuse orders" in Maine, issued by a tribunal 
in another state.  A protection order from another state may be registered in Maine by 
presenting a certified copy of the order to the office of the clerk of any District Court or 
of any Superior Court of this State. 
The Maine Uniform Enforcement of Foreign Judgments Act, which currently applies 
to foreign protection orders, is amended to clarify that the new Uniform Interstate 
Enforcement of Domestic Violence Protection Orders Act may also be used to enforce 
foreign protection orders.