An Act To Require Notification When a Temporary Protection from Abuse Order Is Rescinded
Maine Legislature, Session 128, LD 0581
Committee: Judiciary
Sponsors: JACKSON, KEIM, MOONEN
Amends: 19-A MRSA §4006

Legislative Document
No. 581
S.P. 196
In Senate, February 16, 2017
An Act To Require Notification When a Temporary Protection from 
Abuse Order Is Rescinded
Reference to the Committee on Judiciary suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator JACKSON of Aroostook.
Cosponsored by Senator: KEIM of Oxford, Representative: MOONEN of Portland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §4006, sub-§6, ¶C is enacted to read: 
C.  The law enforcement agency, court security officer or the correctional facility that 
serves process on the defendant shall inquire of the defendant the address where the 
defendant is residing or intends to reside and shall notify the court of that address as 
soon as practicable. 
Sec. 2.  19-A MRSA §4006, sub-§7, as enacted by PL 1995, c. 694, Pt. B, §2 and 
affected by Pt. E, §2, is repealed and the following enacted in its place: 
7.  Dissolution or modification.  This subsection governs motions by a plaintiff or a 
defendant to dissolve or to modify a temporary order. 
A.  Notwithstanding any statutory provision to the contrary, upon 2 days' notice to the 
plaintiff or upon such shorter notice as the court may order, a defendant may appear 
and move the dissolution or modification of the temporary order, and, in that event, 
the court shall proceed to hear and determine the motion as expeditiously as the ends 
of justice require. At that hearing, the plaintiff has the burden of justifying a finding 
in the ex parte order that the defendant has challenged by affidavit. 
B.  Notwithstanding any statutory provision to the contrary, a plaintiff may appear 
and move the dissolution or modification of the temporary order.  Before granting or 
denying a request by a plaintiff to dissolve or modify the temporary order, the judge 
shall allow the plaintiff the opportunity to be heard in person to support the motion. 
C.  If the court grants a request for modification of the temporary order under 
paragraph A or B, the court shall order service of the modified order on the defendant 
pursuant to subsection 6 and shall provide a copy of the decision to the plaintiff in 
hand or shall mail a copy of the decision to the plaintiff at the plaintiff’s last known 
address. 
D.  If the court grants a request for dissolution of the temporary order under 
paragraph A or B, the court shall as soon as practicable notify the plaintiff, the 
defendant and the law enforcement agency or correctional facility that most likely 
would have enforced the temporary order as determined by the court. 
(1)  The court shall provide a copy of the decision to the plaintiff in hand or shall 
mail a copy of the decision to the plaintiff at the plaintiff's last known address. 
(2)  The court shall provide a copy of the decision to the defendant in hand or 
shall mail a copy of the decision to the defendant at the address provided by the 
plaintiff pursuant to section 4005, subsection 3, if any; the address provided 
pursuant to subsection 6, paragraph C, if any; and the last address provided by the 
defendant to the court, if any. 
(3)  The court shall electronically transmit a printed copy of the decision to the 
law enforcement agency or correctional facility that most likely would have 
enforced the temporary order as determined by the court. 
This subsection may not be construed to abolish or limit any means otherwise available 
by law for obtaining dissolution, modification or discharge of a temporary order. 
SUMMARY 
This bill specifies the method a court is required to use to notify a plaintiff, a 
defendant and the relevant law enforcement agency or correctional facility that a 
temporary protection from abuse order has been modified or dissolved by the court.