An Act To Clarify and Recodify Maine's Protection from Abuse Statutes
Maine Legislature, Session 130, LD 1696
Committee: Judiciary
Sponsors: BAILEY, HARNETT, CARNEY
Amends: 5 MRSA §12004-I, 19-A MRSA §4013

Legislative Document
No. 1696
S.P. 551
In Senate, May 12, 2021
An Act To Clarify and Recodify Maine's Protection from Abuse 
Statutes
Received by the Secretary of the Senate on May 10, 2021.  Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BAILEY of York.
Cosponsored by Representative HARNETT of Gardiner and
Senator: CARNEY of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§74-C, as amended by PL 2001, c. 240, §1, is 
further amended to read:
74-C.  
Public 
Safety
 Maine Commission on Domestic and 
Sexual Abuse
 Expenses 
Only
19-A MRSA 
§4013 §4115
Sec. 2.  19-A MRSA c. 101, as amended, is repealed.
Sec. 3.  19-A MRSA c. 103 is enacted to read:
CHAPTER 103
PROTECTION FROM ABUSE
§4101.  Purposes
The court shall liberally construe and apply this chapter to promote the following 
underlying purposes:  
1.  Recognition.  To recognize domestic abuse as a serious crime against the individual 
and society, producing an unhealthy and dangerous family environment, resulting in a 
pattern of escalating abuse, including violence, that frequently culminates in intrafamily 
homicide and creating an atmosphere that is not conducive to healthy childhood 
development;
2.  Protection.  To allow family and household members who are victims of domestic 
abuse to obtain expeditious and effective protection against further abuse so that the lives 
of the nonabusing family or household members are as secure and uninterrupted as 
possible;
3.  Enforcement.  To provide protection by promptly entering and diligently enforcing 
court orders that prohibit abuse and, when necessary, by reducing the abuser's access to the 
victim and addressing related issues of parental rights and responsibilities and economic 
support so that victims are not trapped in abusive situations by fear of retaliation, loss of a 
child or financial dependence;
4.  Prevention.  To expand the power of the justice system to respond effectively to 
situations of domestic abuse, to clarify the responsibilities and support the efforts of law 
enforcement officers, prosecutors and judicial officers to provide immediate, effective 
assistance and protection for victims of abuse and to recognize the crucial role of law 
enforcement officers in preventing further incidents of abuse and in assisting the victims 
of abuse;
5.  Data collection.  To provide for the collection of data concerning domestic abuse 
in an effort to develop a comprehensive analysis of the incidence and causes of that abuse; 
and
6.  Mutual order.  To declare that a mutual order of protection or restraint undermines 
the purposes of this chapter.
§4102.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.  
1.  Abuse.  "Abuse" means the occurrence of the following acts: 
A.  Attempting to cause or causing bodily injury or offensive physical contact, 
including sexual assaults under Title 17-A, chapter 11, except that contact as described 
in Title 17-A, section 106, subsection 1 is excluded from this definition;  
B.  Attempting to place or placing another in fear of bodily injury, regardless of intent, 
through any course of conduct, including, but not limited to, threatening, harassing or 
tormenting behavior;  
C.  Compelling a person by force, threat of force or intimidation:
(1) To engage in conduct from which the person has a right or privilege to abstain; 
or 
(2)  To abstain from conduct in which the person has a right to engage;  
D.  Knowingly restricting substantially the movements of another person without that 
person's consent or other lawful authority by:
(1)  Removing that person from that person's residence, place of business or school;
(2)  Moving that person a substantial distance from the vicinity where that person 
was found; or
(3)  Confining that person for a substantial period either in the place where the 
restriction commences or in a place to which that person has been moved;  
E.  Communicating to a person a threat to commit, or to cause to be committed, a crime 
of violence dangerous to human life against the person to whom the communication is 
made or another, and the natural and probable consequence of the threat, whether or 
not that consequence in fact occurs, is to place the person to whom the threat is 
communicated, or the person against whom the threat is made, in reasonable fear that 
the crime will be committed;  
F.  Repeatedly and without reasonable cause:
(1)  Following the plaintiff; or
(2)  Being at or in the vicinity of the plaintiff's home, school, business or place of 
employment;  
G.  Engaging in the unauthorized dissemination of certain private images as prohibited 
pursuant to Title 17-A, section 511-A; or  
H.  Engaging in aggravated sex trafficking or sex trafficking as described in Title 17-A, 
section 852 or 853, respectively.  
2.  Adult.  "Adult" means a person 18 years of age or older or a person under 18 years 
of age who is emancipated pursuant to Title 15, section 3506-A.
3.  Court.  "Court" means a District Court and, with regard to section 4113, the tribal 
court of the Passamaquoddy Tribe or the Penobscot Nation.
4.  Dating partners.  "Dating partners" means individuals currently or formerly 
involved in dating each other, whether or not the individuals are or were sexual partners.
5.  Economic abuse.  "Economic abuse" means causing or attempting to cause an 
individual to be financially dependent by maintaining control over the individual's financial 
resources, including, but not limited to, unauthorized or coerced use of credit or property, 
withholding access to money or credit cards, forbidding attendance at school or 
employment, stealing from or defrauding an individual of money or assets, exploiting the 
individual's resources for personal gain of the defendant or withholding physical resources 
such as food, clothing, necessary medications or shelter.
6.  Family or household members.  "Family or household members" means: 
A.  Present or former spouses or domestic partners; 
B.  Individuals presently or formerly living together as spouses;
C.  Parents of the same child;
D.  Adult household members related by consanguinity or affinity;
E.  Minor children of a parent or guardian when the defendant is an adult household 
member of that parent or guardian;
F.  Individuals presently or formerly living together; and
G.  Individuals who are or were sexual partners. 
Holding oneself out to be a spouse is not necessary to constitute "living together 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.
7.  Law enforcement agency.  "Law enforcement agency" means a state, county, 
tribal, municipal or University of Maine System law enforcement agency. 
8.  Order.  "Order" means:
A.  A temporary, emergency or interim order issued under this chapter;
B.  A final protection order issued under this chapter after hearing or opportunity for 
hearing or with consent of the parties; 
C.  An order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; or 
D.  A similar order issued by a court of the United States or of another state, territory, 
commonwealth or federally recognized Indian tribe.
9.  Social media.  "Social media" means an electronic medium or service through 
which users create, share and view user-generated content, including, but not limited to, 
videos, still photographs, blogs, video blogs, podcasts, instant and text messages, e-mail, 
online service accounts and Internet website profiles and locations.
§4103. Eligibility
The following persons are eligible to seek relief under this chapter: 
1.  Adult.  An adult:
A.  Who has been a victim of abuse as defined in section 4102, subsection 1 by a family 
or household member, a dating partner or an individual related by consanguinity or 
affinity; or
B.  Who has been a victim of conduct: 
(1)  Described as stalking in Title 17-A, section 210-A;
(2)  Constituting any crime described in Title 17-A, chapter 11; 
(3)  Described as unauthorized dissemination of certain private images in Title 
17-A, section 511-A; or 
(4)  Described as aggravated sex trafficking or sex trafficking in Title 17-A, section 
or 853, respectively.
For purposes of this paragraph, the conduct need not have been perpetrated by a family 
or household member, a dating partner or an individual related by consanguinity or 
affinity;
2.  Minor child.  A person responsible for a child, as defined in Title 22, section 4002, 
subsection 9, or a representative of the department when a minor child has been:
A.  A victim of abuse as defined in section 4102, subsection 1 by a family or household 
member, a dating partner or an individual related by consanguinity or affinity;
B.  A victim of conduct: 
(1)  Described as stalking in Title 17-A, section 210-A;
(2)  Constituting any crime described in Title 17-A, chapter 11; 
(3)  Described as unauthorized dissemination of certain private images in Title 
17-A, section 511-A; 
(4)  Described as aggravated sex trafficking or sex trafficking in Title 17-A, section 
or 853, respectively;
(5)  Described as sexual exploitation of a minor or dissemination of sexually 
explicit material in Title 17-A, section 282 or 283, respectively; or
(6)  Described as harassment by telephone or by electronic communication device 
in Title 17-A, section 506, subsection 1, paragraph A-1 or A-2; 
For purposes of this paragraph, the conduct need not have been perpetrated by a family 
or household member, a dating partner or an individual related by consanguinity or 
affinity;
3.  Older or dependent adult.  An adult who meets the eligibility requirements in 
paragraphs A and B as follows: 
A.  The adult is one of the following:
(1)  Sixty years of age or older; 
(2)  A dependent adult, as defined in Title 22, section 3472, subsection 6; or
(3)  An incapacitated adult, as defined in Title 22, section 3472, subsection 10; and 
B.  The adult has been the victim of abuse as defined in section 4102, subsection 1, this 
chapter or Title 22, section 3472, subsection 1 by an extended family member or unpaid 
care provider. 
The adult victim, the adult victim's legal guardian or a representative of the department 
may seek relief. 
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.
For the purposes of this subsection, "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. 
§4104.  Commencement of a proceeding
1.  Venue and jurisdiction.  Proceedings under this chapter must be filed, heard and 
determined in the District Court of the division:
A.  In which the plaintiff or defendant resides; or
B.  If the plaintiff has left the plaintiff's residence to avoid abuse, of the plaintiff's 
previous residence or new residence.  
If a District Court Judge is not available in the division in which a complaint requesting a 
temporary order is to be filed, the complaint may be presented to another District Court 
Judge or to any Superior Court Justice.  A Superior Court Justice has the same authority as 
a District Court Judge to grant or deny the temporary order.  
2.  Filing.  A person may seek relief by filing a complaint alleging the abuse or conduct 
that makes the plaintiff eligible to seek protection pursuant to section 4103.  The complaint 
need only include a short and plain statement showing that the plaintiff is entitled to relief.  
§4105.  Other proceedings
1.  Uniform Child Custody Jurisdiction and Enforcement Act.  The Uniform Child 
Custody Jurisdiction and Enforcement Act applies to a proceeding under this chapter 
regardless of whether it is joined with another proceeding under subsection 2. 
2.  Divorce, dissolution of marriage, legal separation or separate maintenance.  All 
proceedings may be independent of, or joined with, a proceeding for divorce, dissolution 
of marriage, legal separation or separate maintenance. 
3.  Other remedies and relief.  A proceeding under this chapter is in addition to any 
other available civil or criminal remedies.
4.  No criminal proceeding required.  Relief may be sought under this chapter 
regardless of whether a criminal prosecution has occurred.  
§4106.  Procedures
1.  Assistance.  The following assistance from the court is available.
A.  The court shall provide forms and clerical assistance to either party in completing 
and filing a complaint or other necessary documents.  The assistance may not include 
legal advice or assistance in drafting legal documents.  
B.  The clerk of the court 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 of those 
services, including the Maine State Bar Association or successor organization, any 
local or statewide organizations providing domestic violence services, any local or 
statewide organizations providing sexual assault services and any other agency 
providing reliable and relevant resource contact information.  
2.  Forms.  The forms provided by the court under subsection 1 must be uniform 
throughout the State and must include a summons and an affidavit for temporary 
emergency relief.  The summons must include a section in which to list places where the 
defendant may be located or available to be served.  The clerk of the court shall inquire 
where the defendant may be located or available to be served and list those locations on the 
summons or direct the plaintiff to do so.
3.  Fees.  A fee may not be charged for forms or for filing a complaint. A plaintiff may 
apply for leave to proceed in forma pauperis.
4.  Notice.  Prior to the plaintiff signing a complaint, the court shall notify the plaintiff, 
orally or in writing, that it is a crime to make a false statement under oath in a court 
document. 
5.  Notification; copies.  The clerk of the court shall issue, without fee, a copy of an 
order, agreement, amendment or revocation to the plaintiff, to the defendant and to the law 
enforcement agencies most likely to enforce it, as determined by the court.  
6.  Civil rules apply.  Unless otherwise indicated in this chapter, all proceedings must 
be in accordance with the Maine Rules of Civil Procedure. Appeals may be taken as 
provided by the Maine Rules of Civil Procedure. Appeals may be only for error of law or 
abuse of discretion.
7.  Mediation and referees.  The court may not mandate mediation or appointment of 
referees in actions brought under this chapter.  If an action under this chapter is joined with 
another proceeding pursuant to section 4105, subsections 1 and 2, this subsection does not 
prohibit the court from mandating mediation or the appointment of a referee on any issue, 
other than abuse, that is part of the other proceeding.
§4107.  Service of order  
If the court issues an order under this chapter, the court shall order an appropriate law 
enforcement agency or, if the defendant is present in the courthouse, a court security officer 
qualified pursuant to Title 4, section 17, subsection 15 or, if the defendant is in the custody 
of the Department of Corrections, the Department of Corrections to serve the defendant 
personally with the order.  Temporary orders must be served with the summons and 
complaint.  The court shall cause the order to be delivered to the law enforcement agency, 
the court security officer or the correctional facility in which the defendant is incarcerated 
as soon as practicable following the issuance of the order. The law enforcement agency, 
court security officer or chief administrative officer of a correctional facility or the chief 
administrative officer's designee shall make a good faith effort to serve process 
expeditiously.
1.  Electronically transmitted printed copies of order.  Notwithstanding any 
provision of law to the contrary, service of an order may be made pursuant to this section 
through the use of electronically transmitted printed copies of orders that have been 
transmitted directly from the court to the law enforcement agency or correctional facility 
making service.  Return of proof of service may be made by electronic transmission of the 
proof of service directly to the court from the law enforcement officer making service or 
the chief administrative officer, or the chief administrative officer's designee, of the 
correctional facility making service.
2.  Officer who served order as witness.  In any subsequent criminal prosecution for 
violation of this chapter when the service of an order was made through the use of an 
electronically transmitted printed copy of the order, with 10 days' advance written notice 
to the prosecution, the defendant may request that the prosecution call as a witness the law 
enforcement officer who served the order or the chief administrative officer, or the chief 
administrative officer's designee, of the correctional facility that served the order.
§4108.  Temporary orders
1.  Temporary orders.  The court may enter temporary orders authorized under 
subsection 2 that it considers necessary to protect a plaintiff or minor child from abuse, on 
good cause shown in an ex parte proceeding, which the court shall hear and determine as 
expeditiously as practicable after the filing of a complaint.  Immediate and present danger 
of abuse to the plaintiff or minor child constitutes good cause.  A temporary order remains 
in effect pending a hearing pursuant to section 4109.
2.  Interim relief.  The court, in an ex parte proceeding, may enter temporary orders: 
A.  Concerning the parental rights and responsibilities relating to minor children for 
whom the parties are responsible;  
B.  Enjoining the defendant from engaging in the following:
(1)  Imposing a restraint upon the person or liberty of the plaintiff;  
(2)  Threatening, assaulting, molesting, harassing, attacking or otherwise 
disturbing the peace of the plaintiff;  
(3)  Entering the family residence or the residence of the plaintiff, including the 
land immediately surrounding and associated with the residence;
(4)  Repeatedly and without reasonable cause:
(a)  Following the plaintiff; or
(b)  Being at or in the vicinity of the plaintiff's home, school, business or place 
of employment;  
(5)  Taking, converting or damaging property in which the plaintiff may have a 
legal interest;  
(6)  Having any direct or indirect contact with the plaintiff;  
(7)  Engaging in the unauthorized dissemination of certain private images as 
prohibited pursuant to Title 17-A, section 511-A; or  
(8)  Destroying, transferring or tampering with the plaintiff's passport or other 
immigration document in the defendant's possession; or  
C.  Concerning the care, custody or control of any animal owned, possessed, leased, 
kept or held by either party or a minor child residing in the household and may enjoin 
the defendant from injuring or threatening to injure any such animal.
3.  Temporary orders; possession of dangerous weapons.  The court may direct the 
defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other 
dangerous weapon for the duration of the temporary order if the complaint demonstrates:
A.  Abuse that involves a firearm, muzzle-loading firearm, bow, crossbow or other 
dangerous weapon; or  
B.  A heightened risk of immediate abuse to the plaintiff or a minor child.  In 
determining whether a heightened risk of immediate abuse is present, the court shall 
consider, but is not limited to consideration of, whether:
(1)  The temporary order of protection is not likely to achieve its purpose in the 
absence of such a condition;
(2)  The defendant has violated orders of protection;
(3)  Past or present abuse to a victim resulted in injury;
(4)  The abuse occurred in public; and
(5)  The abuse includes:
(a)  Threats of suicide or homicide;
(b)  Killing or threatening to kill any animal owned, possessed, leased, kept or 
held by either party or a minor child residing in the household;
(c)  An escalation of violence;
(d)  Stalking behavior or extreme obsession;
(e)  Sexual violence;
(f)  Excessive alcohol or drug use; and
(g)  Abuse against a pregnant victim.
If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, 
bow, crossbow or other dangerous weapon in a temporary order and if the defendant moves 
for dissolution or modification of a temporary order pursuant to subsection 6, the court 
shall hear and decide the motion as expeditiously as possible and shall issue a written 
decision on the motion within 24 hours after a hearing on that motion.
If the court prohibits the defendant from possessing a dangerous weapon other than a 
firearm, muzzle-loading firearm, bow or crossbow in a temporary order, the court shall 
specify the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, 
bow, crossbow or other dangerous weapon in a temporary order, the court shall direct the 
defendant to relinquish, within 24 hours after service of the temporary order on the 
defendant or such earlier time as the court specifies in the temporary order, all firearms, 
muzzle-loading firearms, bows, crossbows and specified dangerous weapons in the 
possession of the defendant to a law enforcement officer or other individual for the duration 
of the temporary order.  If the weapons are relinquished to an individual other than a law 
enforcement officer, the defendant must file, within 24 hours after such relinquishment, 
with the court or local law enforcement agency designated in the temporary order a written 
statement that contains the name and address of the individual holding the weapons and a 
description of all weapons held by that individual.  The court may subsequently issue a 
search warrant authorizing a law enforcement officer to seize any firearms, muzzle-loading 
firearms, bows, crossbows and other dangerous weapons at any location if there is probable 
cause to believe such firearms, muzzle-loading firearms, bows, crossbows or dangerous 
weapons have not been relinquished by the defendant.
4.  Emergency relief.  Emergency relief is available as follows.
A.  When there is no judge available in the District Court having venue or the District 
Court courthouse is closed and no other provision can be made for the shelter of an 
abused family or household member or minor child, a complaint may be presented to 
another District Court Judge or Superior Court Justice.  Upon a showing of good cause, 
as described in subsection 1, the court may enter temporary orders authorized under 
this section that it considers necessary to protect the plaintiff or minor child from abuse. 
B.  If a complaint is presented under this subsection, that complaint and any temporary 
order issued pursuant to it must be forwarded immediately to the clerk of the District 
Court having venue for filing.  
C.  A temporary order under this subsection remains in effect pending a hearing 
pursuant to section 4109.
5.  Denial of relief.  Before a request for temporary, emergency or interim relief is 
denied, the judge shall:
A.  Allow the plaintiff the opportunity to be heard in person to support the complaint.  
The plaintiff may be accompanied by a person of the plaintiff's choice; and  
B.  Advise the plaintiff of reasons for the denial.  
6.  Dissolution or modification.  Notwithstanding any provision of law to the contrary, 
upon 2 days' notice to the plaintiff or upon such shorter notice as the court may order, a 
person who is subject to a temporary order 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 temporary order that the defendant has 
challenged by affidavit. 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.
7.  Extension.  If a hearing on the complaint is continued, the court may make or extend 
temporary orders it considers necessary.  Notwithstanding any provision of this section to 
the contrary, if a final protection order is issued pursuant to section 4110, the temporary 
protection order issued pursuant to this section remains in effect pending service of the 
final protection order.
§4109.  Hearings
1.  Full hearing.  Within 21 days of the filing of a complaint, a hearing must be held 
at which the plaintiff must prove the allegation of abuse or conduct specified in section 
4103 by a preponderance of the evidence.  If a request for temporary, emergency or interim 
relief is denied, the hearing must be held as soon as practicable within the 21-day period.  
Nothing in this section limits the court's discretion to continue the final hearing upon the 
court's own motion or upon the motion of either party. 
2.  Self-defense.  The right to relief under this chapter is not affected by the plaintiff's 
use of reasonable force in response to abuse by the defendant.
3.  Intoxication.  Voluntary intoxication is not a defense to an action under this chapter.
§4110.  Relief
1.  Final protection order.  The court, after a hearing or opportunity for hearing and 
upon finding that the defendant has committed the abuse or conduct specified in section 
4103, may grant a final protection order to bring about the cessation of the abuse or alleged 
conduct.  The court may enter a finding that the defendant represents a credible threat to 
the physical safety of the plaintiff or a minor child residing in the household.  The court 
may enter a finding of economic abuse.  
2.  Final protection order by consent.  The court may approve a final protection order 
by consent if all parties agree to the terms, including whether an order under this section 
includes findings by the court.
3.  Relief.  Relief granted under this section may include:
A.  Directing the defendant not to threaten, assault, molest, harass, attack or otherwise 
abuse the plaintiff and any minor children residing in the household;  
B.  Directing the defendant not to possess a firearm, muzzle-loading firearm, bow, 
crossbow or other dangerous weapon for the duration of the order;  
C.  Prohibiting the defendant from the use, attempted use or threatened use of physical 
force that would reasonably be expected to cause bodily injury against the plaintiff or 
a minor child residing in the household;  
D.  Directing the defendant not to go upon the premises of the plaintiff's residence;  
E.  Directing the defendant to refrain from repeatedly and without reasonable cause:
(1)  Following the plaintiff;
(2)  Being at or in the vicinity of the plaintiff's home, school, business or place of 
employment; or
(3)  Engaging in conduct defined as stalking in Title 17-A, section 210-A;  
F.  Directing the defendant not to have any direct or indirect contact with the plaintiff, 
including via social media; 
G.  When the mutual residence or household of the parties is jointly owned or jointly 
leased or when one party has a duty to support the other or their minor children living 
in the residence or household and that party is the sole owner or lessee:
(1)  Granting or restoring possession of the residence or household to one party, 
excluding the other; or
(2)  A consent agreement, allowing the party with the duty to support to provide 
suitable alternate housing;  
H.  Directing the defendant not to injure or threaten to injure any animal owned, 
possessed, leased, kept or held by either party or a minor child residing in the 
household;  
I.  Either awarding some or all temporary parental rights and responsibilities with 
regard to minor children or awarding temporary rights of contact with regard to minor 
children, or both, under such conditions that the court finds in the best interest of the 
child pursuant to section 1653, subsections 3 to 6-B.  The court's award of parental 
rights and responsibilities or rights of contact is not binding in any separate action 
involving an award of parental rights and responsibilities pursuant to chapter 55 or in 
a similar action brought in another jurisdiction exercising child custody jurisdiction in 
accordance with the Uniform Child Custody Jurisdiction and Enforcement Act;  
J.  With respect to unauthorized dissemination of certain private images as described 
in Title 17-A, section 511-A, entering any orders determined necessary or appropriate 
in the discretion of the court, including but not limited to: 
(1)  Prohibiting the defendant from disseminating the private images;  
(2)  Ordering the defendant to remove, destroy or return or to direct the removal, 
destruction or return of the private images; or
(3)  Ordering the defendant to pay costs associated with removal, destruction or 
return of the private images;  
K. Ordering a division of the personal property and household goods and furnishings 
of the parties and placing any protective orders considered appropriate by the court, 
including an order to refrain from taking, converting or damaging property in which 
the plaintiff has a legal interest;  
L.   Ordering the termination of a life insurance policy or rider under that policy owned 
by the defendant if the plaintiff is the insured life under the policy or rider.  Upon 
issuance, a copy of the order must be sent to the insurer that issued the policy;  
M.  Requiring the defendant to attend a certified domestic violence intervention 
program, to receive counseling from a social worker, family service agency, mental 
health center, psychiatrist or to participate in any other guidance service that the court 
considers appropriate.  The court may not order and the State may not pay for the 
defendant to attend a certified domestic violence intervention program unless the 
program is certified under section 4116;
N.  Ordering the payment of temporary support for a dependent party when the 
defendant has a legal obligation to support that dependent party;
O.  Ordering the payment of temporary support:
(1)  For a child in the dependent party's custody in accordance with chapter 63, 
when the defendant has a legal obligation to support that child; or
(2)  To the State as provided in chapters 63, 65 and 67.
In all proceedings under this chapter, the court shall apply the child support guidelines 
in chapter 63 using the information the plaintiff is able to provide the court.  Failure of 
a party to file an income affidavit may not unnecessarily delay a proceeding and does 
not preclude the issuance of an order for child support, except that the court shall 
require the plaintiff to complete and file an income affidavit at a final hearing involving 
child support even if the defendant does not appear for the hearing;
P.  Ordering payment of monetary relief to the plaintiff for losses suffered as a result 
of the defendant's conduct.  Monetary relief includes but is not limited to loss of 
earnings or support, reasonable expenses incurred for personal injuries or property 
damage, transitional living expenses and reasonable moving expenses.  Upon the 
motion of either party, for sufficient cause, the court may set a later hearing on the issue 
of the amount of monetary relief, if any, to be awarded.  Nothing in this paragraph may 
be construed to limit the court's discretion to enter any of the other available relief 
under this chapter.  Nothing in this paragraph may be construed to preclude a plaintiff 
from seeking monetary relief through other actions as permissible by law;  
Q.  Ordering the defendant to pay court costs or reasonable attorney's fees;  
R.  Ordering the plaintiff to pay court costs or reasonable attorney's fees, or both, only 
if a judgment is entered against the plaintiff after a hearing in which both the plaintiff 
and the defendant are present and the court finds that the complaint is frivolous;  
S.  Directing the care, custody or control of any animal owned, possessed, leased, kept 
or held by either party or a minor child residing in the household;  
T.  With regard to conduct described as aggravated sex trafficking or sex trafficking as 
described in Title 17-A, section 852 or 853, respectively, entering any other orders 
determined necessary or appropriate in the discretion of the court, including, but not 
limited to, requiring the defendant to pay economic damages related to the return or 
restoration of the plaintiff's passport or other immigration document and any debts of 
the plaintiff arising from the trafficking relationship; or
U.  Entering any other orders determined necessary or appropriate in the discretion of 
the court.  
4.  No possession of firearm, muzzle-loading firearm, bow or crossbow or 
dangerous weapons for duration of final protection order.  If the court prohibits the 
defendant from possessing a dangerous weapon other than a firearm, muzzle-loading 
firearm, bow or crossbow, the court shall specify the type of weapon the defendant is 
prohibited from possessing.
If the court prohibits the defendant from possessing a firearm, muzzle-loading firearm, 
bow, crossbow or other dangerous weapon, the court shall direct the defendant to 
relinquish, within 24 hours after service of the final protection order on the defendant or 
such earlier time as the court specifies in the final protection order, all firearms, muzzle-
loading firearms, bows, crossbows and specified dangerous weapons in the possession of 
the defendant to a law enforcement officer or other individual for the duration of the final 
protection order.  If the weapons are relinquished to an individual other than a law 
enforcement officer, the defendant must file, within 24 hours after such relinquishment, 
with the court or local law enforcement agency designated in the final protection order a 
written statement that contains the name and address of the individual holding the weapons 
and a description of all weapons held by that individual.  The court may subsequently issue 
a search warrant authorizing a law enforcement officer to seize any firearms, muzzle-
loading firearms, bows, crossbows and other dangerous weapons at any location if there is 
probable cause to believe such firearms, muzzle-loading firearms, bows, crossbows or 
dangerous weapons have not been relinquished by the defendant.
5.  Final protection order.  This subsection applies to a final protection order issued 
under this chapter. 
A.  A final protection order issued under this chapter must be for a fixed period not to 
exceed 2 years, unless extended by the court pursuant to section 4111.
B.  An order issued under this chapter must indicate, in a clear and conspicuous manner, 
the potential consequences of violation of the order, as provided in section 4113 and 
Title 15, section 393, subsection 1, paragraph D, if applicable.
C.  If the court enjoins the defendant under this section and the enjoined conduct 
constitutes harassment under Title 17-A, section 506-A, the court shall include in the 
order a warning in conformity with Title 17-A, section 506-A.
6.  Limitations.  In issuing an order under this chapter, the court may not: 
A.  Affect title to any real property;
B.  Require the execution of a bond by the plaintiff prior to issuance of an order of 
protection; or
C.  Issue a mutual order of protection or restraint.  As used in this chapter, "mutual 
order of protection or restraint" means an order that is granted to the defendant under 
this chapter or the inclusion of language in an order granted to a plaintiff in an action 
under this chapter that restricts or limits the plaintiff's conduct with regard to the 
defendant absent the filing of a separate complaint by the defendant, service of the 
summons and complaint on the plaintiff and a finding by the court that the plaintiff 
committed the abuse alleged in the complaint.
§4111.  Modifying and extending orders
1.  Extension.  The court may extend a final protection order issued under this chapter 
at the time of expiration, upon motion of the plaintiff, for such additional time as the court 
determines necessary to protect the plaintiff or minor child from abuse or conduct specified 
in section 4103.  A final protection order may be extended more than once and without 
limitation on the duration of the extension.  In determining whether extension of a final 
protection order is necessary, the court may consider:
A.  The underlying reasons for the order, including earlier abuse and the history of 
abuse;
B.  Conduct that has occurred since the entry of the final protection order; 
C.  The continued effect of any abuse on the plaintiff; and
D.  All other relevant factors pursuant to the discretion of the court. 
The court may continue the final protection order in effect until a hearing under section 
4109, subsection 1 on the motion to extend.  
2.  Modification of order.  Upon motion by either party, for sufficient cause, the court 
may modify an order issued under this chapter from time to time as circumstances require.
3.  Action by plaintiff.  A plaintiff may extinguish or modify an order issued under 
this chapter only by legal process in accordance with the Maine Rules of Civil Procedure.  
Any other action or inaction on the part of the plaintiff does not alter, diminish or negate 
the effectiveness of the order.  Criminal sanctions may not be imposed upon the plaintiff 
for violation of a provision of the plaintiff's order for protection.
§4112.  Sealing
1.  Identifying information.  If a party alleges in an affidavit or a pleading under oath 
that the health, safety or liberty of a party or child would be jeopardized by disclosure of 
identifying information, the information must be sealed by the clerk of the court and not 
disclosed to the other party or to the public, unless the court orders the disclosure to be 
made after a hearing in which the court takes into consideration the health, safety or liberty 
of the party or child and determines that the disclosure is in the interest of justice.
2.  Private images.  In any proceeding under this chapter, access to and dissemination 
of certain private images as described in Title 17-A, section 511-A, and any written 
information describing and directly pertaining to the images contained in court records are 
governed by rule or administrative order adopted by the Supreme Judicial Court.
§4113.  Violation
1.  Crime committed.  Except as provided in subsections 2, 4 and 5, violation of an 
order is a Class D crime when the defendant has prior actual notice, which may be notice 
by means other than service in hand, of the order.
2.  Exception.  When the only provision of the order that is violated concerns relief 
authorized under section 4110, subsection 3, paragraphs K to U, the violation must be 
treated as contempt and punished in accordance with law.
3.  Warrantless arrest.  Notwithstanding any provision of law to the contrary, an arrest 
for criminal violation of an order may be without warrant upon probable cause whether or 
not the violation is committed in the presence of a law enforcement officer. The law 
enforcement officer may verify, if necessary, the existence of the order, including by 
telephone or radio communication with a law enforcement agency with knowledge of the 
order.
4.  Reckless conduct; assault.  A defendant who violates a final protection order issued 
pursuant to section 4110 through conduct that is reckless and that creates a substantial risk 
of death or serious bodily injury to the plaintiff named in the final protection order or who 
assaults the plaintiff named in the final protection order commits a Class C crime.
5.  Repeat violations.  A person who commits a violation under subsection 1 or an 
order that is similar to a protective order pursuant to section 4110 issued by a court of the 
United States or of another state, territory, commonwealth or federally recognized Indian 
tribe and has 2 or more prior convictions under subsection 1 or 2 or more convictions for 
engaging in substantially similar conduct in another jurisdiction commits a Class C crime.  
Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.
§4114.  Law enforcement agency responsibilities
1.  Reports.  A law enforcement agency shall report all incidents of abuse by adults of 
family or household members as required by the State Bureau of Identification under Title 
25, section 1544.
2.  Agency procedures.  A law enforcement agency shall establish procedures to 
ensure that dispatchers and officers at the scene of an alleged incident of abuse or violation 
of an order are informed of any recorded prior incident of abuse involving the abused party 
and can verify the effective dates and terms of a recorded order.
3.  Officer training.  A law enforcement agency shall provide officers employed by 
the agency an education and training program designed to inform the officers of the 
problems of family and household abuse, procedures to deal with these problems, the 
provisions of this chapter and the services and facilities available to abused family and 
household members.  The amount and degree of officer training, beyond the distribution of 
information, must be determined by each local law enforcement agency.
4.  Maine Criminal Code enforcement.  A law enforcement officer at the scene of an 
alleged incident of abuse shall use the same standard of enforcing relevant Maine Criminal 
Code sections when the incident involves family or household members as when it involves 
strangers.
5.  Arrest in certain situations.  A law enforcement officer shall arrest and take into 
custody the alleged offender when the law enforcement officer has probable cause to 
believe that: 
A.  There has been a criminal violation under section 4113 of an order issued under 
this chapter; 
B.  There has been a violation of an order issued under Title 15, chapter 12-A; or 
C.  There has been a violation of Title 17-A, section 208-D, 208-E or 208-F. 
6.  Officer responsibilities.  When a law enforcement officer has reason to believe that 
a family or household member has been abused, the officer shall immediately use all 
reasonable means to prevent further abuse, including:
A.  Remaining on the scene as long as the officer reasonably believes there is a danger 
to the physical safety of that person without the presence of a law enforcement officer, 
including, but not limited to, staying in the dwelling unit;  
B.  Assisting that person in obtaining medical treatment necessitated by an assault, 
including driving the victim to the emergency room of the nearest hospital;
C.  Giving that person immediate and adequate written notice of that person's rights, 
which include information summarizing the procedures and relief available to victims 
of the family or household abuse;  
D.  Arresting the abusing party with or without a warrant pursuant to section 4113 and 
Title 17-A, section 15; and
E.  Making a good faith effort to administer a validated, evidence-based domestic 
violence risk assessment recommended by the Maine Commission on Domestic and 
Sexual Abuse, established in Title 5, section 12004-I, subsection 74-C, and approved 
by the Department of Public Safety.  The law enforcement officer administering this 
assessment shall provide the results of the assessment to the bail commissioner, if 
appropriate, and the district attorney for the county in which the abuse took place.
7.  Law enforcement agency policy.  Every law enforcement agency with the duty to 
investigate, prosecute and arrest offenders of this chapter and Title 17-A shall adopt a 
written policy on the enforcement of this chapter and the handling of domestic abuse cases 
in general.
8.  Prosecutorial policy.  The Attorney General, in consultation with a statewide 
association of prosecutors, shall develop a written policy regarding prosecution of domestic 
abuse cases under the provisions of Title 17-A.  The district attorney for each of the several 
counties within the State shall adopt a written policy regarding prosecution of domestic 
abuse cases.
9.  Notification of attempted purchase of firearm.  When the Department of Public 
Safety receives notification from a federal agency that a criminal background check 
conducted under the system established pursuant to 18 United States Code, Section 922(t) 
indicates that a potential buyer or transferee is prohibited from receipt or possession of a 
firearm pursuant to a temporary or final protection from abuse order, the department shall 
make every reasonable effort to notify as quickly as practicable both the individual intended 
to be protected by the protection from abuse order and another law enforcement agency 
with jurisdiction in the municipality in which that individual resides of the information 
received from the federal agency.
For the purposes of this subsection, notification may be made by the Department of Public 
Safety to the individual intended to be protected by the protection from abuse order through 
a law enforcement agency within the county in which the individual resides.  When the 
department makes notification through such a law enforcement agency, that agency then 
must make reasonable effort to notify as quickly as practicable the individual intended to 
be protected by the protection from abuse order.  If, when notifying a law enforcement 
agency, the department is informed by that agency that it cannot notify the individual 
intended to be protected by the protection from abuse order, the department must continue 
to make a reasonable effort to notify that individual as quickly as practicable, including 
through a different law enforcement agency within the county in which the individual 
resides.
10.  Liability for damages.  The State, a political subdivision of the State or a law 
enforcement officer is not liable for damage that may be caused by the failure or inability 
to inform an individual who is the subject of a protection from abuse order in accordance 
with subsection 9.  This subsection does not prohibit the State or a political subdivision of 
the State from pursuing legally authorized disciplinary action.
11.  Service of protection from abuse order.  Every law enforcement agency shall 
adopt a written policy on the service of protection from abuse orders that directs that every 
order issued under this chapter is served on the subject of the order as quickly as possible.  
Service of a protection from abuse order that is not in compliance with a policy adopted 
under this subsection does not affect the validity of the service or the order.
§4115.  Maine Commission on Domestic and Sexual Abuse
There is created the Maine Commission on Domestic and Sexual Abuse, as established 
by Title 5, section 12004-I, subsection 74-C, referred to in this section as "the commission."
1.  Commission members.  The commission is composed as follows.
A.  The Governor shall appoint the following to serve as members of the commission:
(1)  A representative of the statewide coalition of domestic violence projects;
(2)  A representative of the statewide coalition of sexual assault centers;
(3)  A representative of the mental health profession;
(4)  A representative of victims of domestic violence;
(5)  A representative of victims of sexual assault;
(6)  Two attorneys with experience in domestic relations cases, one of whom has 
experience representing victims of domestic abuse;
(7)  A victim of domestic abuse who has used the court system;
(8)  A victim of sexual assault who has used the court system;
(9)  A district attorney or assistant district attorney;
(10)  A chief of a municipal police department or the chief's designee;
(11)  A county sheriff or the sheriff's designee;
(12)  The executive director of a statewide coalition to end domestic violence;
(13)  The executive director of a statewide coalition against sexual assault;
(14)  A person who has experience working in certified domestic violence 
intervention programs;
(15)  Up to 4 members-at-large;
(16)  Up to 4 members representing underserved populations;
(17)  One tribal member who provides services through a tribal program to tribal 
members who are victims of domestic or sexual violence;
(18)  An executive director of a tribal coalition against sexual assault and domestic 
violence;
(19)  A chief of a tribal police department or the chief's designee;
(20)  A representative of a tribal court; and
(21)  A representative of tribal government.  
B.  The commission includes the following ex officio voting members:
(1)  The Attorney General or the Attorney General's designee;
(2)  The Chief of the State Police or the chief's designee;
(3)  The Commissioner of Public Safety or the commissioner's designee;
(4)  The Commissioner of Health and Human Services or the commissioner's 
designee;
(5)  The Commissioner of Education or the commissioner's designee;
(6)  The Commissioner of Labor or the commissioner's designee; and
(7)  The Commissioner of Corrections or the commissioner's designee.
C.  The Chief Justice of the Supreme Judicial Court is requested to appoint one person 
to serve the commission in an advisory capacity.
2.  Terms of office; chair.  The members appointed under subsection 1, paragraph A 
serve 3-year terms.  The Governor shall appoint a chair of the commission from among its 
members.
3.  Powers and duties.  The commission shall advise and assist the executive, 
legislative and judicial branches of State Government on issues related to domestic and 
sexual abuse.  The commission may make recommendations on legislative and policy 
actions, including training of the various law enforcement officers, prosecutors and judicial 
officers responsible for enforcing and carrying out the provisions of this chapter, and may 
undertake research development and program initiatives consistent with this section.  The 
entire commission shall meet at least 2 times a year.  Subcommittees of the commission 
may meet as necessary.  The commission may accept funds from the Federal Government, 
from a political subdivision of the State or from an individual, foundation or corporation 
and may expend these funds for purposes that are consistent with this subsection.
4.  Domestic Abuse Homicide Review Panel.  The commission shall establish the 
Domestic Abuse Homicide Review Panel, referred to in this subsection as "the panel," to 
review the deaths of persons who are killed by family or household members.
A.  The chair of the commission shall appoint members of the panel who have 
experience in providing services to victims of domestic and sexual abuse, which must 
include at least the following:  the Chief Medical Examiner, a physician, a nurse, a law 
enforcement officer, the Commissioner of Health and Human Services, the 
Commissioner of Corrections, the Commissioner of Public Safety, a judge as assigned 
by the Chief Justice of the Supreme Judicial Court, a representative of a statewide 
association of prosecutors, an assistant attorney general responsible for the prosecution 
of homicide cases designated by the Attorney General, an assistant attorney general 
handling child protection cases designated by the Attorney General, a victim-witness 
advocate, a mental health service provider, a facilitator of a certified domestic violence 
intervention program under section 4116 and 3 persons designated by a statewide 
coalition of domestic violence programs.  Members who are not state officials serve a 
2-year term without compensation, except that of those initially appointed by the chair, 
1/2 must be appointed for a one-year term.
B.  The panel shall recommend to state and local agencies methods of improving the 
system for protecting persons from domestic and sexual abuse, including modifications 
of laws, rules, policies and procedures following completion of adjudication.
C.  The panel shall collect and compile data related to domestic and sexual abuse, 
including data relating to deaths resulting from domestic abuse when the victim was 
pregnant at the time of death.
D.  In any case subject to review by the panel, upon oral or written request of the panel, 
any person that possesses information or records that are necessary and relevant to a 
homicide review shall as soon as practicable provide the panel with the information 
and records. Persons disclosing or providing information or records upon the request 
of the panel are not criminally or civilly liable for disclosing or providing information 
or records in compliance with this paragraph.
E.  The proceedings and records of the panel are confidential and are not subject to 
subpoena, discovery or introduction into evidence in a civil or criminal action.  The 
commission shall disclose conclusions of the panel upon request, but may not disclose 
information, records or data that are otherwise classified as confidential.
The commission shall submit a report on the panel's activities, conclusions and 
recommendations to the joint standing committee of the Legislature having jurisdiction 
over judiciary matters by January 30, 2022, and biennially thereafter.
§4116.  Certification of domestic violence intervention programs
1.  Rules establishing standards and procedures for certification.  The Department 
of Corrections, referred to in this section as "the department," shall adopt rules pursuant to 
the Maine Administrative Procedure Act, in consultation with the Maine Commission on 
Domestic and Sexual Abuse established pursuant to section 4115, that establish standards 
and procedures for certification of domestic violence intervention programs.  The 
department, in consultation with the commission, shall review and certify programs that 
meet the standards.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A.
2.  Information sharing with certified domestic violence intervention programs.  
In a criminal proceeding that results in the issuance of a court order that directs a person to 
complete a certified domestic violence intervention program, within 7 days of the issuance 
of the order the attorney for the State shall provide to the certified domestic violence 
intervention program in which the person has enrolled or will enroll:
A.  The incident report from a law enforcement agency submitted to the attorney for 
the State that is most relevant to the criminal proceeding, which the certified domestic 
violence intervention program is authorized to receive pursuant to Title 16, section 805, 
subsection 5; and
B.  The last known contact information for the victim in the criminal proceeding.
Sec. 4.  Revisor's review; cross-references.  The Revisor of Statutes shall review 
the Maine Revised Statutes and include in the errors and inconsistencies bill submitted to 
the Second Regular Session of the 130th Legislature pursuant to Title 1, section 94 any 
sections necessary to correct and update any cross-references in the statutes to provisions 
of law repealed in this Act.
SUMMARY
This bill clarifies and recodifies Maine's protection from abuse statutes to make the 
process more accessible to the public, the legal community and the judiciary.  This bill 
reorganizes the existing language to follow standard conventions of statutory construction 
and locate similar sections together.  The bill breaks down dense paragraphs into easy-to-
read numbered sections and increases readability of certain sections.  Established case law 
is incorporated for judicial economy and clarity for self-represented litigants and the legal 
community.  The bill does not make any substantive changes to existing law and is intended 
solely as reorganization of the existing statutes.