§4007. Relief


Published: 2015

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§4007. Relief








1. Protection order; consent agreement. 
The court, after a hearing and upon finding that the defendant has committed the
alleged abuse or engaged in the alleged conduct described in section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a consent agreement
to bring about a cessation of abuse or the alleged conduct. This subsection does not preclude the parties from voluntarily requesting a consent
agreement without a finding of abuse. 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 plaintiff's household. Relief granted under this section may include:





A. Directing the defendant to refrain from threatening, assaulting, molesting, harassing,
attacking or otherwise abusing the plaintiff and any minor children residing in the
household; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











A-1. Directing the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the order; [2015, c. 217, §2 (AMD).]










A-2. 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; [2001, c. 134, §6 (NEW).]










B. Directing the defendant to refrain from going upon the premises of the plaintiff's
residence; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











C. 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; [2007, c. 340, §5 (AMD).]











D. Directing the defendant to refrain from having any direct or indirect contact with
the plaintiff; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











E. 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; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]












E-1. Directing the defendant to refrain from injuring or threatening to injure any animal
owned, possessed, leased, kept or held by either party or a minor child residing in
the household; [2013, c. 109, §2 (NEW).]










F. 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; [2007, c. 340, §5 (AMD).]










F-1. 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 court order must be sent to the insurer that issued the
policy; [2003, c. 106, §1 (NEW).]










G. 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 appropriate as determined in accordance
with 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; [2005, c. 366, §5 (AMD).]










H. Requiring the defendant to receive counseling from a social worker, family service
agency, mental health center, psychiatrist or 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 batterers' intervention program unless the program is certified
under section 4014; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











I. Ordering the payment of temporary support for the dependent party or for a child in
the dependent party's custody in accordance with chapter 63, or both, when there is
a legal obligation to support that dependent party or that child, or both; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











J. Ordering the payment of temporary support payments to the State as provided in chapters
63 and 67; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











K. Ordering payment of monetary compensation to the abused person for losses suffered
as a direct result of the abuse. Compensatory losses are limited to loss of earnings
or support, reasonable expenses incurred for personal injuries or property damage
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 damages, if any, to
be awarded; [1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF).]











L. Ordering the defendant to pay court costs or reasonable attorney's fees; [2011, c. 303, §1 (AMD).]










L-1. 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; [2011, c. 303, §2 (NEW).]










M. Entering any other orders determined necessary or appropriate in the discretion of
the court; or [2005, c. 510, §11 (AMD).]










N. 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. [2005, c. 510, §12 (NEW).]







If the court enjoins the defendant under this subsection 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.


[
2015, c. 217, §2 (AMD)
.]








1-A. No possession of firearm, muzzle-loading firearm, bow or crossbow or dangerous weapons
for duration of 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 order on the defendant or such earlier time as the court
specifies in the 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 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 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.


[
2015, c. 217, §3 (AMD)
.]








2. Duration. 
A protective order or approved consent agreement is for a fixed period not to exceed
2 years. At the expiration of that time, the court may extend an order, upon motion
of the plaintiff, for such additional time as it determines necessary to protect the
plaintiff or minor child from abuse. The court may continue the order in effect until
the hearing under section 4006, subsection 1 on the motion to extend. Upon motion
by either party, for sufficient cause, the court may modify the order or agreement
from time to time as circumstances require.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]








3. Consequences of violation. 
A protective order or approved consent agreement must indicate, in a clear and conspicuous
manner, the potential consequences of violation of the order or agreement, as provided
in section 4011 and Title 15, section 393, subsection 1, paragraph D, if applicable.


[
1997, c. 334, §6 (AMD)
.]








4. Title to property. 
An order or agreement may not affect title to any real property.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]








5. Bond prohibited. 
The court may not require the execution of a bond by the plaintiff prior to issuance
of an order of protection.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]








6. Service of order or consent decree. 
The court shall order a 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 chief administrative officer or the chief administrative officer's designee at
the correctional facility, to serve the defendant personally with a protective order
or consent decree.





A. Notwithstanding any other provision of law, 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. [2009, c. 555, §6 (NEW).]










B. In any subsequent criminal prosecution for violation of this section 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. [2009, c. 555, §7 (NEW).]







[
2009, c. 555, §§6, 7 (AMD)
.]








7. Mutual order of protection or restraint. 
The court may not issue a mutual order of protection or restraint.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]








8. Action by plaintiff. 
A plaintiff may extinguish or modify an order 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.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]








9. Financial accounting. 
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, 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.


[
1995, c. 694, Pt. B, §2 (NEW);
1995, c. 694, Pt. E, §2 (AFF)
.]





SECTION HISTORY

1995, c. 694, §B2 (NEW).
1995, c. 694, §E2 (AFF).
1997, c. 187, §4 (AMD).
1997, c. 187, §5 (AFF).
1997, c. 334, §§4-6 (AMD).
1999, c. 67, §2 (AMD).
1999, c. 486, §5 (AMD).
1999, c. 486, §6 (AFF).
2001, c. 134, §6 (AMD).
2001, c. 273, §4 (AMD).
2003, c. 106, §1 (AMD).
2003, c. 372, §3 (AMD).
2005, c. 366, §5 (AMD).
2005, c. 510, §§10-12 (AMD).
2007, c. 340, §5 (AMD).
2009, c. 94, §6 (AMD).
2009, c. 555, §§6, 7 (AMD).
2011, c. 303, §§1, 2 (AMD).
2013, c. 109, §2 (AMD).
2015, c. 217, §§2, 3 (AMD).

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