An Act to Implement Changes to the Laws Relating to Judicial Separation and Divorce Regarding Preliminary Injunctions as Recommended by the Family Law Advisory Commission
Maine Legislature, Session 131, LD 1730
Committee: Judiciary
Amends: 19-A MRSA §852, 19-A MRSA §903

Legislative Document
No. 1730
H.P. 1109
House of Representatives, April 20, 2023
An Act to Implement Changes to the Laws Relating to Judicial 
Separation and Divorce Regarding Preliminary Injunctions as 
Recommended by the Family Law Advisory Commission
Reported by Representative MOONEN of Portland for the Family Law Advisory 
Commission pursuant to the Maine Revised Statutes, Title 19-A, section 354, subsection 2.
Reference to the Committee on Judiciary suggested and ordered printed pursuant to Joint 
Rule 218.
ROBERT B. HUNT
Clerk
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §852, as amended by PL 2021, c. 647, Pt. B, §44 and affected 
by §65, is further amended to read:
§852.  Preliminary injunction, effect; attachment or trustee process
1.  Issue Issuance of preliminary injunction by the court; service; contents; effect.  
In all actions for judicial separation the clerk of the court, pursuant to order of, the District 
Court, shall issue a preliminary injunction order in the following manner.
A.  The preliminary injunction must bear the signature or facsimile signature of the 
clerk, be under the seal of the court, and contain the name of the court issuing the 
preliminary injunction and the names of the parties and state the name and address of 
the plaintiff's attorney.  If the plaintiff is represented, the preliminary injunction must 
also state the name and address of the plaintiff's attorney.  The preliminary injunction 
may be obtained in blank from the clerk and must be filled out by the plaintiff's attorney 
for a fee.  The plaintiff or the plaintiff's attorney is responsible for serving this shall 
serve the preliminary injunction, along with the summons and complaint, on the 
defendant along with the summons and complaint.
B.  The preliminary injunction must be directed to each party to the action and must 
contain the following orders order that, unless the parties otherwise agree in writing or 
unless the court orders otherwise:
(1)  That Except as specifically allowed by paragraph B-1, each party is enjoined 
prohibited from damaging, destroying, transferring, encumbering, concealing, 
selling or otherwise disposing of the any property of owned or claimed by either 
or both of the parties, except in the usual course of business or for the necessities 
of life, without the written consent of the parties or the permission of the court; 
regardless of whose name the property is in or who holds title to the property. 
Violations of this subparagraph include but are not limited to the following:
(a)  Withdrawing from or borrowing from or against all or any part of the cash 
surrender value of a life insurance policy of either party or of a child of the 
parties;
(b)  Withdrawing from or borrowing from or against all or any part of the 
retirement, profit-sharing, pension, death or other employee benefit plan or 
from an employee savings plan, an individual retirement account or a "Keogh" 
retirement account; and
(c)  Intentionally or knowingly damaging or destroying the personal property 
of the parties, including but not limited to any electronically stored materials, 
electronic communications, financial records and documents that represent or 
embody anything of value;
(2)  That each party is enjoined from imposing restraint on the personal liberty of 
the other party or of a biological or adopted child of either or both of the parties; 
and
(3)  That each Each party is enjoined prohibited from canceling or voluntarily 
removing the other party or a child of the parties from a policy of health, dental or 
disability insurance that provides coverage for the other party or the child of the 
parties. and that each party is required to comply with any annual renewal 
requirements or deadlines necessary for the maintenance of such policies;
(4)  Each party is prohibited from canceling or changing in any way, including by 
changing a beneficiary of, a casualty, life or motor vehicle policy insuring a party 
or the party's property;
(5)  Each party is prohibited from opening, tampering with, destroying, deleting or 
withholding mail, e-mail or text messages or any other form of communication 
addressed to the other party; and
(6)  Each party is prohibited from signing the other party's name on any negotiable 
instrument, check or draft, including but not limited to a tax refund, security 
deposit, insurance payment or dividend.
B-1.  Notwithstanding paragraph B, subparagraph (1), the preliminary injunction does 
not prohibit a party from accessing funds or incurring debt for the following purposes:
(1)  To continue the regular operations of an ongoing business;
(2)  To pay for the necessities of life, including housing, food, transportation, 
school, child care and medical expenses;
(3)  To retain an attorney for the legal separation or divorce proceeding; and
(4)  To make regular withdrawals or required minimum withdrawals in the normal 
course of retirement.
C.  The preliminary injunction must include the following statement:
"Warning
This is an official court order.  If you disobey this order the court may find you 
in contempt of court.
This court order is effective will remain in effect until the earliest of the 
following:
(1)  The court revokes or modifies it;
(2)  A final divorce judgment or decree of judicial separation is entered; or
(3)  The action is dismissed."
D.  The preliminary injunction is effective against the plaintiff upon the 
commencement of the action and against the defendant upon service of a copy of both 
the complaint and order the preliminary injunction in accordance with the Maine Rules 
of Civil Procedure.  The plaintiff is deemed to have accepted service of the plaintiff's 
copy of the preliminary injunction and to have actual notice of its contents by filing or 
causing the complaint to be served.  The plaintiff shall cause a copy of the preliminary 
injunction to be served upon the defendant with a copy of the summons and complaint.
E.  The preliminary injunction has the force and effect of and is an order of a Judge of 
the Probate Court or District Court or Justice of Superior Court and is enforceable by 
all remedies made available by law, including contempt of court.  The order remains 
in effect until entry of a final decree, until the case is dismissed or until otherwise 
ordered by the court.
2.  Revocation or modification by the court.  A preliminary injunction may be 
revoked or modified by the court after hearing for good cause shown.  The party seeking 
to revoke or modify the preliminary injunction shall file a motion together with an affidavit 
that demonstrates the good cause necessary for revocation or modification.
A.  Notwithstanding any law to the contrary, on 7 days' notice to the other party or on 
shorter notice as the court may order, either party subject to an order a preliminary 
injunction may appear and move the dissolution or modification of the order 
preliminary injunction, and in that event the court shall proceed to hear and determine 
the motion as expeditiously as justice requires.
B.  Mediation is not required before a hearing on a motion to revoke or modify a 
preliminary injunction except as directed by the court.
C.  A The court may modify or add to the terms of the preliminary injunction does not 
prejudice the rights of the parties or a child that are to be adjudicated at subsequent 
hearings in at any time during the pendency of the proceeding and does not limit the 
power of the court to issue other injunctive relief that may be proper under the 
circumstances.
D.  A preliminary injunction terminates and ceases to have effect when:
(1)  The court revokes or modifies it, except that, if the court modifies the 
preliminary injunction, the modified preliminary injunction takes effect upon the 
termination of the existing preliminary injunction and remains effective until later 
terminated as provided in this paragraph;
(2)  A final divorce judgment or decree of judicial separation is entered; or
(3)  The action is dismissed.
3.  Remedies.  The court may enforce a preliminary injunction issued pursuant to this 
section:
A.  By finding a person who disobeys or resists the injunction in contempt of court;
B.  By requiring a person who disobeys or resists the injunction to pay the costs and 
attorney's fees that the other party incurred to enforce the preliminary injunction; or
C.  By appropriate processes as in other actions.
The remedies provided in this subsection for enforcement of a preliminary injunction are 
in addition to any other civil or criminal remedies available, including civil contempt of 
court.  The use of one remedy does not prevent the simultaneous or subsequent use of any 
other remedy.
4.  Mutual order of No effect on protection or restraint orders.  Orders issued 
pursuant to this section do not supersede orders issued pursuant to former chapter 101 or 
to chapter 103.
5.  Attachment of property; trustee process.  Attachment of real or personal property 
or on trustee process may be used in connection with an action for judicial separation.
Sec. 2.  19-A MRSA §903, as amended by PL 2021, c. 647, Pt. B, §45 and affected 
by §65, is further amended to read:
§903.  Preliminary injunction, effect; attachment or trustee process
1.  Issue Issuance of preliminary injunction by the court; service; contents; effect.  
In all actions for divorce or for spousal or child support following divorce by a court that 
lacked personal jurisdiction over the absent spouse, the clerk of the court, pursuant to order 
of the District Court, shall issue a preliminary injunction order in the following manner.
A.  The preliminary injunction must bear the signature or facsimile signature of the 
clerk, be under the seal of the court, and contain the name of the court issuing the 
preliminary injunction and the names of the parties and. If the plaintiff is represented, 
the preliminary injunction must also state the name and address of the plaintiff's 
attorney.  The preliminary injunction may be obtained in blank from the clerk and must 
be filled out by the plaintiff's attorney for a fee.  The plaintiff or the plaintiff's attorney 
is responsible for serving this shall serve the preliminary injunction, along with the 
summons and complaint, on the defendant along with the summons and complaint.
B.  The preliminary injunction must be directed to each party to the action and must 
contain the following orders order that, unless the parties otherwise agree in writing or 
unless the court orders otherwise:
(1)  That Except as specifically allowed by paragraph B-1, each party is enjoined 
prohibited from damaging, destroying, transferring, encumbering, concealing, 
selling or otherwise disposing of the any property of owned or claimed by either 
or both of the parties, except in the usual course of business or for the necessities 
of life, without the written consent of the parties or the permission of the court; 
regardless of whose name the property is in or who holds title to the property.  
Violations of this subparagraph include but are not limited to the following:
(a)  Withdrawing from or borrowing from or against all or any part of the cash 
surrender value of a life insurance policy of either party or of a child of the 
parties;
(b)  Withdrawing from or borrowing from or against all or any part of the 
retirement, profit-sharing, pension, death or other employee benefit plan or 
from an employee savings plan, an individual retirement account or a "Keogh" 
retirement account; and
(c)  Intentionally or knowingly damaging or destroying the personal property 
of the parties, including but not limited to any electronically stored materials, 
electronic communications, financial records and documents that represent or 
embody anything of value;
(2)  That each party is enjoined from imposing restraint on the personal liberty of 
the other party or of a biological or adopted child of either or both of the parties; 
and
(3)  That each Each party is enjoined prohibited from canceling or voluntarily 
removing the other party or a child of the parties from a policy of health, dental or 
disability insurance that provides coverage for the other party or the child of the 
parties. and that each party is required to comply with any annual renewal 
requirements or deadlines necessary for the maintenance of such policies;
(4)  Each party is prohibited from canceling or changing in any way, including by 
changing a beneficiary of, a casualty, life or motor vehicle policy insuring a party 
or the party's property;
(5)  Each party is prohibited from opening, tampering with, destroying, deleting or 
withholding mail, e-mail or text messages or any other form of communication 
addressed to the other party; and
(6)  Each party is prohibited from signing the other party's name on any negotiable 
instrument, check or draft, including but not limited to a tax refund, security 
deposit, insurance payment or dividend.
B-1.  Notwithstanding paragraph B, subparagraph (1), the preliminary injunction does 
not prohibit a party from accessing funds or incurring debt for the following purposes:
(1)  To continue the regular operations of an ongoing business;
(2)  To pay for the necessities of life, including housing, food, transportation, 
school, child care and medical expenses;
(3)  To retain an attorney for the legal separation or divorce proceeding; and
(4)  To make regular withdrawals or required minimum withdrawals in the normal 
course of retirement.
C.  The preliminary injunction must include the following statement:
"Warning
This is an official court order.  If you disobey this order the court may find you 
in contempt of court.
This court order is effective will remain in effect until the earliest of the 
following:
(1)  The court revokes or modifies it;
(2)  A final divorce judgment or decree of judicial separation is entered; or
(3)  The action is dismissed."
D.  The preliminary injunction is effective against the plaintiff upon the 
commencement of the action and against the defendant upon service of a copy of both 
the complaint and order the preliminary injunction in accordance with the Maine Rules 
of Civil Procedure.  The plaintiff is deemed to have accepted service of the plaintiff's 
copy of the preliminary injunction and to have actual notice of its contents by filing or 
causing the complaint to be served.  The plaintiff shall cause a copy of the preliminary 
injunction to be served upon the defendant with a copy of the summons and complaint.
E.  The preliminary injunction has the force and effect of and is an order of a Judge of 
the Probate Court or District Court or Justice of Superior Court and is enforceable by 
all remedies made available by law, including contempt of court.  The order remains 
in effect until entry of a final decree, until the case is dismissed or until otherwise 
ordered by the court.
2.  Revocation or modification by the court.  A preliminary injunction may be 
revoked or modified by the court after hearing for good cause shown.  The party seeking 
to revoke or modify the preliminary injunction shall file a motion together with an affidavit 
that demonstrates the good cause necessary for revocation or modification.
A.  Notwithstanding any law to the contrary, on 7 days' notice to the other party or on 
shorter notice as the court may order, either party subject to an order a preliminary 
injunction may appear and move the dissolution or modification of the order 
preliminary injunction, and in that event the court shall proceed to hear and determine 
the motion as expeditiously as justice requires.
B.  Mediation is not required before a hearing on a motion to revoke or modify a 
preliminary injunction except as directed by the court.
C.  A The court may modify or add to the terms of the preliminary injunction does not 
prejudice the rights of the parties or a child that are to be adjudicated at subsequent 
hearings in at any time during the pendency of the proceeding and does not limit the 
power of the court to issue other injunctive relief that may be proper under the 
circumstances.
D.  A preliminary injunction terminates and ceases to have effect when:
(1)  The court revokes or modifies it, except that, if the court modifies the 
preliminary injunction, the modified preliminary injunction takes effect upon the 
termination of the existing preliminary injunction and remains effective until later 
terminated as provided in this paragraph;
(2)  A final divorce judgment or decree of judicial separation is entered; or
(3)  The action is dismissed.
3.  Remedies.  The court may enforce a preliminary injunction issued pursuant to this 
section:
A.  By finding a person who disobeys or resists the injunction in contempt of court;
B.  By requiring a person who disobeys or resists the injunction to pay the costs and 
attorney's fees that the other party incurred to enforce the preliminary injunction; or
C.  By appropriate processes as in other actions.
The remedies provided in this subsection for enforcement of a preliminary injunction are 
in addition to any other civil or criminal remedies available, including civil contempt of 
court.  The use of one remedy does not prevent the simultaneous or subsequent use of any 
other remedy.
4.  Mutual order of No effect on protection or restraint orders.  Orders issued 
pursuant to this section do not supersede orders issued pursuant to former chapter 101 or 
to chapter 103.
5.  Attachment of property; trustee process.  Attachment of real or personal property 
or on trustee process may be used in connection with an action for divorce or spousal or 
child support following divorce by a court that lacked personal jurisdiction over the absent 
spouse.
6.  Application.  The Except as provided in subsection 1, the injunction authorized in 
this section does not apply to post-divorce actions.
SUMMARY
This bill contains the recommendations of the Family Law Advisory Commission 
pursuant to the Maine Revised Statutes, Title 19-A, section 354, subsection 2 for changing 
the laws governing preliminary injunctions in judicial separation and divorce proceedings.
The bill amends the statutes that provide for the mandatory issuance of a preliminary 
injunction in judicial separation and divorce proceedings filed in the District Court by:
1.  Clarifying the statutory language to help unrepresented individuals understand its 
provisions, including by clarifying that the preliminary injunction is an order of the District 
Court and by providing greater guidance to the parties about the actions that the parties are 
and are not prohibited from engaging in while the preliminary injunction is in effect;
2.  Retaining the provision prohibiting each party from disposing of the property of the 
parties while the preliminary injunction is in effect, adding additional prohibitions against 
damaging or destroying the property of the parties and providing examples of the types of 
activities that constitute a violation of this prohibition; 
3.  Expanding the provision that prohibits each party from causing the other party or 
the parties' children to lose their health insurance coverage while the preliminary injunction 
is in effect to include prohibitions against a party causing the loss of dental, disability, 
casualty, life and motor vehicle insurance coverage;
4.  Newly specifying that each party is prohibited from interfering with mail, e-mail, 
text messages and other forms of communication addressed to the other party and that each 
party is prohibited from signing the other party's name to a negotiable instrument while the 
preliminary injunction is in effect;
5.  Clarifying the provision of current law specifying that the preliminary injunction 
does not prohibit the parties from encumbering or disposing of property in the usual course 
of business or for the necessities of life and further providing that the preliminary injunction 
does not prohibit the parties from accessing funds or incurring debt to retain an attorney 
for the legal separation or divorce proceeding or to make regular withdrawals in the normal 
course of retirement.  In practice, parties typically use marital funds for these purposes and 
the commission determined that it would be helpful to clarify within statute that the parties 
have a right to do so; and
6.  Removing the provision of current law that prohibits the parties from imposing 
restraint on the personal liberty of the other party or of a biological or adopted child of 
either or both of the parties while the preliminary injunction is in effect because the 
commission believes both that this language is unclear and that protections for the personal 
liberty of the parties and of the parties' children are more appropriately addressed through 
the protection from abuse process.