An Act To Extend the Availability of Protection from Abuse and Protection from Harassment Orders
Maine Legislature, Session 129, LD 0496
Committee: Judiciary
Sponsors: GUERIN, BELLOWS, CARPENTER, GRATWICK, KEIM, BAILEY, RECKITT
Amends: 5 MRSA §4653, 19-A MRSA §4002, 19-A MRSA §4005

Legislative Document
No. 496
S.P. 161
In Senate, January 31, 2019
An Act To Extend the Availability of Protection from Abuse and 
Protection from Harassment Orders
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator GUERIN of Penobscot.
Cosponsored by Senators: BELLOWS of Kennebec, CARPENTER of Aroostook, 
GRATWICK of Penobscot, KEIM of Oxford, Representatives: BAILEY of Saco, RECKITT of 
South Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4653, sub-§1, ¶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 
regarding why notice may not have been provided, to issue an order without prior 
notice to stop harassing the plaintiff issued to the defendant.
Sec. 2.  5 MRSA §4653, sub-§2, as amended by PL 2003, c. 658, §3, is further 
amended to read:
2.  Assistance.  The court shall provide separate forms with a summons and clerical 
assistance to assist either party to proceed under this chapter in completing and filing a 
complaint or other necessary documents.  This assistance may not include legal advice or 
assistance in drafting legal documents.
If the plaintiff has requested a form of relief unavailable under this chapter but available 
under Title 19-A, chapter 101, or if greater relief is available under Title 19-A, chapter 
101, the court shall inform the plaintiff of the availability of relief under Title 19-A, 
chapter 101.  Such provision of information does not constitute the provision of legal 
advice or assistance.
Sec. 3.  19-A MRSA §4002, sub-§4, as amended by PL 2015, c. 296, Pt. C, §24 
and affected by Pt. D, §1, is further amended to read:
4.  Family or household members.  "Family or household members"  means spouses 
or domestic partners or former spouses or former domestic partners, individuals presently 
or formerly living together as spouses, parents of the same child, adult household 
members individuals related by consanguinity or affinity or minor children of a 
household member when the defendant is an adult household member and, for the 
purposes of Title 15, section 1023, subsection 4, paragraph B-1 and Title 15, section 
1094-B, this chapter and Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C, 211-A, 
1201, 1202 and 1253 only, includes individuals presently or formerly living together and 
individuals who are or were sexual partners. Holding oneself out to be a spouse is not 
necessary to constitute "living as spouses."  For purposes of this subsection, "domestic 
partners" means 2 unmarried adults who are domiciled together under long-term 
arrangements that evidence a commitment to remain responsible indefinitely for each 
other's welfare.
Sec. 4.  19-A MRSA §4005, sub-§2, ¶D is enacted to read:
D.  If the plaintiff has requested a form of relief unavailable under this chapter but 
available under Title 5, chapter 337-A, or if greater relief is available under Title 5, 
chapter 337-A, the court shall inform the plaintiff of the availability of relief under 
Title 5, chapter 337-A.  Such provision of information does not constitute the 
provision of legal advice or assistance.
SUMMARY
This bill expands the definition of "family or household member" in the laws 
governing protection from abuse in order to include, for purposes of a protection from 
abuse order, all related individuals regardless of whether the individuals are adult 
household members.
This bill also directs a court in which a protection from harassment or a protection 
from abuse complaint is filed to notify the plaintiff if appropriate or greater relief is 
available.