Resolve, To Conduct an Independent Examination of the Protection Order System To Determine whether There Is Systemic Misuse by Applicants
Maine Legislature, Session 130, LD 0579
Committee: Judiciary
Sponsors: HANLEY

Legislative Document
No. 579
H.P. 422
House of Representatives, February 24, 2021
Resolve, To Conduct an Independent Examination of the Protection 
Order System To Determine whether There Is Systemic Misuse by 
Applicants
Received by the Clerk of the House on February 22, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative HANLEY of Pittston.
Sec. 1.  Study. Resolved:  That the Maine Commission on Domestic and Sexual 
Abuse, established in Title 5, section 12004-I, subsection 74-C and referred to in this 
resolve as "the commission," shall study the protection from abuse order system to 
determine whether there is a systemic misuse by applicants for protection orders.  The 
commission shall:
1. Review the laws and practices governing parental rights when domestic abuse is 
alleged or suspected;
2. Study whether the system supports a fair and just process for all parties involved; 
and
3. Study whether protection orders are being obtained for the reason the system intends 
and whether de minims violations of orders are being unfairly used against one party in the 
matter.
Sec. 2.  Participation. Resolved:  That the commission shall invite interested 
parties to participate in the study under section 1, including but not limited to the Family 
Law Advisory Commission; the Maine Coalition to End Domestic Violence; guardians ad 
litem; the family law section of the Maine State Bar Association; the judicial branch; the 
Maine Association of Criminal Defense Lawyers; and any others the commission 
determines helpful to the study.
Sec. 3.  Report; legislation. Resolved:  That the commission shall submit a report 
to the Joint Standing Committee on Judiciary no later than December 1, 2021.  The report 
must summarize the activities of the commission, identify the participants in the study 
under section 1 and include recommendations for action by the legal profession, the judicial 
branch, advocates for victims of domestic violence, law enforcement and prosecutors.  The 
report may include recommendations for further data collection, research and analysis to 
address the subjects that are included in the study. The report may include recommended 
legislation.  The Joint Standing Committee on Judiciary may report out legislation to the 
SUMMARY
This resolve directs the Maine Commission on Domestic and Sexual Abuse to study 
whether there is systemic misuse of protection from abuse orders by applicants and requires 
the commission to invite a wide variety of interested parties in the judiciary, the legal 
profession and public and private organizations involved in the issues of domestic abuse to 
participate in the study.  The resolve directs the commission to issue a report on the study 
to the Joint Standing Committee on Judiciary by December 1, 2021, and the commission is 
authorized to report out legislation based upon any recommendations made in the report.