An Act To Extend the Availability of Protection from Abuse and Protection from Harassment Orders
Maine Legislature, Session 129, LD 0496
Committee Amendment CA_A_S282 (Senate)
Amends: 5 MRSA §4653, 19-A MRSA §4005

COMMITTEE AMENDMENT" H "to S.P. 161, L.D. 496, Bill, "An Act To Extend 
the Availability of Protection from Abuse and Protection from Harassment Orders" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 5 MRSA §4653, sub-§1, ,r.B, as amended by PL 2017, c. 455, §2, is 
further amended to read: 
B. If the alleged harassment does not meet the definition in section 4651, subsection 
2, paragraph C or is not related to an allegation of domestic violence, violence against 
a dating partner, sexual assault, stalking or harassment as described in Title 17-A, 
section 506, subsection 1, paragraph A-1 or A-2, a copy of a notice to stop harassing 
the plaintiff issued to the defendant pursuant to Title 17-A, section 506-A, subsection 
1, paragraph A, subparagraph (1), division (a) or a statement of good cause why such 
a notice was not sought or obtained. The court has discretion, based on the nature of 
the allegations as well as any further inquiry that the court may make of the plaintiff, 
to issue an order even if notice to stop harassing the plaintiff has not been issued to 
the defendant as described in Title 17-A, section 506-A, subsection 1, paragraph A, 
subparagraph (1), division (a). 
Sec. 2. 19-A MRSA §4005, sub-§1, as amended by PL 2017, c. 455, §4, is 
further amended to read: 
1. Filing. An adult who has been abused, as defined in section 4002, subsection 1, 
by a family or household member 0:l\ a dating partner or an individual related by 
consanguinity or affinity 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 Sf, a dating partner or an 
individual related by consanguinity or affinity, 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" /I "to S.P. 161, L.D. 496 ( ~ 
' ( 
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) 
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 or described as 
unauthorized dissemination of certain private images in Title 17-A, section 511-A or 
described as aggravated sex trafficking or sex trafficking in Title 17-A, section 852 or 
853, respectively, 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 or conduct described in Title 17-A, section 282 or 283 or 
harassment as described in Title 17-A, section 506, subsection 1, paragraph A-1 or A-2, 
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. 
When an adult who is 60 years of age or older or a dependent adult, as defined in Title 
22, section 3472, subsection 6, or an incapacitated adult, as defined in Title 22, section 
3472, subsection 10, has been the victim of abuse as defined in section 4002, subsection 1 
or Title 22, section 3472, subsection 1 by an extended family member or an unpaid care 
provider, the adult victim, the adult victim's legal guardian or a representative of the 
department may seek relief by filing a complaint alleging the abusive conduct. For the 
purposes of this subsection, "extended family member" includes, but is not limited to: a 
person who is related to the victim by blood, marriage or adoption, whether or not the 
person resides or has ever resided with the victim. "Unpaid care provider" includes, but 
is not limited to, a caretaker who voluntarily provides full, intermittent or occasional 
personal care to the adult victim in the victim's home similar to the way a family member 
would provide personal care. 
Sec. 3. 19-A MRSA §4005, sub-§2, ,re, 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: 
C. The clerk shall provide to a plaintiff written contact information for resources 
from which the plaintiff may receive legal or social service assistance provided to the 
Administrative Office of the Courts by the various providers, including the Maine 
State Bar Association or successor organization, any local or statewide organizations 
providing domestic violence services and sexual assault services and any other 
agency providing reliable and relevant resource contact information.' 
SUMMARY 
This amendment replaces the bill. 
The amendment clarifies the bill's language regarding the court's discretion in a 
protection from harassment action to issue a protection from harassment order even if the 
notice to stop harassing the plaintiff was not issued to the defendant. 
The amendment clarifies that an adult who has been abused, as defined in the Maine 
Revised Statutes, Title 19-A, section 4002, subsection 1, can seek a protection from abuse 
order if the adult has been abused by, in addition to a family or household member or a 
dating partner as provided in current law, an individual related to the adult by 
consanguinity or affinity. The amendment provides the same protection for a minor 
child. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" f-\" to S.P. 161, L.D. 496 ( c) ~,j.~'J) 
The amendment directs the offices of the court clerks to provide plaintiffs with 
written contact information for resources from which the plaintiff may receive legal or 
social service assistance when the contact information for those services has been 
provided to the Administrative Office of the Courts by the various providers, including 
the Maine State Bar Association or successor organization, any local or statewide 
organizations providing domestic violence services and sexual assault services and any 
other agency providing reliable and relevant resource contact information. 
COMMITTEE AMENDMENT