An Act Regarding the Use of Military Protective Orders in
Maine Legislature, Session 132, LD 0665
Sponsors: RIELLY, HICKMAN
Amends: 5 MRSA §4651, 5 MRSA §4654, 19-A MRSA §4102, 19-A MRSA §4106, 19-A MRSA §4108

Legislative Document
No. 665
H.P. 433
House of Representatives, February 25, 2025
An Act Regarding the Use of Military Protective Orders in 
Protection from Abuse and Protection from Harassment 
Proceedings
Received by the Clerk of the House on February 20, 2025.  Referred to the Committee on 
Veterans and Legal Affairs pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative RIELLY of Westbrook.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: MCINTYRE of Lowell, SUPICA of Bangor.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §4651, sub-§3-A is enacted to read:
3-A.  Military protective order.  "Military protective order" means a protection order 
issued pursuant to 10 United States Code, Section 1567 by a commanding officer of the 
Armed Forces of the United States or the National Guard of any state, against a person 
under the officer's command.
Sec. 2.  5 MRSA §4654, sub-§2, ¶A, as amended by PL 2011, c. 559, Pt. C, §4, is 
further amended to read:
A.  It appears clearly from a verified complaint, a military protective order or an 
affidavit accompanying the complaint or order that:
(1)  Before the defendant or the defendant's attorney can be heard, the plaintiff or 
the plaintiff's employees may be in immediate and present danger of physical abuse 
from the defendant or in immediate and present danger of suffering extreme 
emotional distress as a result of the defendant's conduct, or the plaintiff's business 
property is in immediate and present danger of suffering substantial damage as a 
result of the defendant's actions;
(2-A)  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 or stalking, the plaintiff has 
obtained a copy of a notification issued against the other person as described in 
Title 17‑A, section 506‑A, subsection 1, paragraph A, subparagraph (1), division 
(a) or the plaintiff has filed a statement of good cause why such relief was not 
sought or why such a notice was not issued; and
(3)  The plaintiff has provided sufficient information to substantiate the alleged 
harassment; and
Sec. 3.  19-A MRSA §4102, sub-§7-A is enacted to read:
7-A.  Military protective order.  "Military protective order" has the same meaning as 
in Title 5, section 4651, subsection 3-A.
Sec. 4.  19-A MRSA §4102, sub-§8, ¶C, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
C.  An order of a tribal court of the Passamaquoddy Tribe or the Penobscot Nation; or
Sec. 5.  19-A MRSA §4102, sub-§8, ¶D, as enacted by PL 2021, c. 647, Pt. A, §3 
and affected by Pt. B, §65, is amended to read:
D.  A similar order issued by a court of the United States or of another state, territory, 
commonwealth or federally recognized Indian tribe.; or
Sec. 6.  19-A MRSA §4102, sub-§8, ¶E is enacted to read:
E.  A military protective order.
Sec. 7.  19-A MRSA §4106, sub-§6, as enacted by PL 2021, c. 647, Pt. A, §3 and 
affected by Pt. B, §65, is amended to read:
6.  Civil Court 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.  The court may take judicial notice of a military protective order 
pursuant to the Maine Rules of Evidence, Rule 201 in a proceeding under this chapter.
Sec. 8.  19-A MRSA §4108, sub-§1, as enacted by PL 2021, c. 647, Pt. A, §3 and 
affected by Pt. B, §65, is amended to read:
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 or the existence of an active military protective order 
on behalf of the plaintiff against the defendant constitutes good cause.  A temporary order 
remains in effect pending a hearing pursuant to section 4109.
SUMMARY
This bill defines "military protective order," which is a protection order given by a 
military commanding officer against a service member under the officer's command, and 
allows the use of military protective orders in protection from abuse and protection from 
harassment hearings.