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USA Statutes : maine
Title : Title 05. ADMINISTRATIVE PROCEDURES AND SERVICES
Chapter : Chapter 337-A. PROTECTION FROM HARASSMENT (HEADING. PL 1987, c. 515, @1 (new))
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Title 5 - §4651. Definitions
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4651. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1987, c. 515, §1 (new).]
1. Court. "Court" means any District Court and, with regard to section 4659, the tribal court of the Passamaquoddy Tribe or the Penobscot
Nation.
[1993, c. 469, §1 (amd).]
2. Harassment. "Harassment" means:
A. Three or more acts of intimidation, confrontation, physical force or the threat of physical force directed against any person,
family or business that are made with the intention of causing fear, intimidation or damage to property and that do in fact
cause fear, intimidation or damage to property;
[1995, c. 650, §1 (new).]
B. Three or more acts that are made with the intent to deter the free exercise or enjoyment of any rights or privileges secured
by the Constitution of Maine or the United States Constitution; or
[1995, c. 650, §1 (new).]
C. A single act or course of conduct constituting a violation of section 4681; Title 17, section 2931; or Title 17-A, sections
201, 202, 203, 204, 207, 208, 209, 210, 210-A, 211, 253, 301, 302, 303, 506-A, 511, 556, 802, 805 or 806.
[2001, c. 134, §1 (amd).]
This definition does not include any act protected by law.
[2001, c. 134, §1 (amd).]
3. Law enforcement agency. "Law enforcement agency" means the State Police, a sheriff's department or a municipal police department.
[1987, c. 515, §1 (new).]
4. Business. "Business" means any corporation, partnership, limited liability corporation, professional corporation or any other legal
business entity recognized under the laws of the State.
[1995, c. 265, §2 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4652. Filing of complaint; jurisdiction
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4652. Filing of complaint; jurisdiction
Proceedings under this chapter must be filed, heard and determined in the District Court of the division in which either the
plaintiff or the defendant resides. If the plaintiff has left the plaintiff's residence to avoid harassment, the plaintiff
may bring an action in the division of the plaintiff's previous residence or new residence.
[1991, c. 760, §2 (amd).]
div>
The District Court has jurisdiction over protection from harassment complaints. 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 any other
District Court judge or to any Superior Court justice who has the same authority as a District Court judge to grant or deny
the temporary order.
[2003, c. 658, §1 (amd).]
div>
A juvenile may be a party to an action under this chapter only when the juvenile has a representative through whom the action
is brought or defended pursuant to the Maine Rules of Civil Procedure, Rule 17(b). The Department of Health and Human Services
may act as a representative of the juvenile. If any notice or service is required by this chapter, the notice or service
must be provided to both the juvenile and the juvenile's representative.
[1995, c. 650, §2 (new); 2003, c. 689, Pt. B, §6 (rev).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4653. Commencement of proceedings
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4653. Commencement of proceedings
1. Filing. A person who has been a victim of harassment, including a business, may seek relief by filing a sworn complaint in an appropriate
court alleging that harassment.
[RR 2003, c. 2, §7 (cor).]
2. Assistance. The court shall provide separate forms with a summons and clerical assistance to assist either party to proceed under this
chapter in completing and filing a complaint or other necessary documents. This assistance may not include legal advice or
assistance in drafting legal documents.
[2003, c. 658, §3 (amd).]
3. Fees. No fee may be charged for forms. A plaintiff may apply for the right to proceed in forma pauperis.
[1989, c. 371, §1 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4654. Hearings
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4654. Hearings
1. Full hearing. A hearing must be held at which the plaintiff shall prove the allegation of harassment by a preponderance of the evidence.
[RR 2003, c. 2, §8 (cor).]
2. Temporary orders. The court may enter any temporary orders, authorized under subsection 4, without written or oral notice to the defendant
or the defendant's attorney if:
A. It appears clearly from a verified complaint or an affidavit accompanying the complaint 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) Either the plaintiff has or has not contacted any law enforcement officials concerning the alleged harassment; and
(3) The plaintiff has provided sufficient information to substantiate the alleged harassment;
[2003, c. 658, §5 (amd).]
B. When reasonable, the plaintiff or the court has made reasonable efforts to give written or oral notice to the defendant
or the defendant's attorney that the plaintiff is seeking a temporary order; and
[1989, c. 164 (amd).]
C. The court provides written reasons for entering a temporary order.
[1987, c. 515, §1 (new).]
[2003, c. 658, §5 (amd).]
3. 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 protection of a victim of harassment, a complaint may be presented to any judge of the District
Court or Justice of the Superior Court. Upon a meeting of the requirements of subsection 2, the court may enter any temporary
orders, authorized under subsection 4, as the court considers necessary to protect the plaintiff from harassment.
[2003, c. 658, §6 (amd).]
B. If a complaint is presented under this subsection, the complaint and any order issued pursuant to the complaint must be
immediately certified to the clerk of the District Court having venue for filing. This certification to the court has the
effect of commencing proceedings and invoking the other provisions of this chapter.
[2003, c. 658, §6 (amd).]
C. An order remains in effect pending a hearing pursuant to subsection 1.
[2003, c. 658, §6 (amd).]
[2003, c. 658, §6 (amd).]
4. Interim relief. The court, in an ex parte proceeding, may enjoin the defendant from engaging in any of the following:
A. Imposing any restraint upon the person or liberty of the plaintiff or the plaintiff's employees;
[1995, c. 265, §5 (amd).]
B. Threatening, assaulting, molesting, harassing or otherwise disturbing the peace of the plaintiff or the plaintiff's employees;
[1995, c. 265, §5 (amd).]
C. Entering the plaintiff's residence or property, provided that the court may not use this subsection to evict a defendant
from the rental premises in an action brought by a plaintiff;
[1995, c. 265, §6 (amd).]
D. Taking, converting or damaging property in which the plaintiff may have a legal interest;
[1993, c. 680, Pt. A, §11 (amd).]
E.
[1995, c. 650, §5 (rp).]
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; or
[1995, c. 650, §6 (amd).]
G. Having any direct or indirect contact with the plaintiff.
[1995, c. 650, §7 (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.
[1995, c. 650, §§5-7 (amd).]
5. Service of order. If the court issues a temporary order or orders emergency or interim relief, 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 to serve the defendant personally with the order, the complaint and the summons.
[2003, c. 658, §7 (amd).]
6. Dissolution or modification. Notwithstanding any statutory provision to the contrary, on 2 days' notice to the plaintiff or on such shorter notice as
the court may order, a person who is subject to any order may appear and move the dissolution or modification of the order
and in that event the court shall proceed to hear and determine the motion expeditiously. At that hearing, the plaintiff
shall have the burden of justifying any finding in the ex parte order which the defendant has challenged by affidavit. Nothing
in this section may be construed to abolish or limit any means, otherwise available by law, for obtaining dissolution, modification
or discharge of an order.
[1987, c. 515, §1 (new).]
7. Extension. If a hearing under subsection 1 is continued, the court may make or extend such temporary orders as it deems necessary.
[1987, c. 515, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4655. Relief
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4655. Relief
1. Protection order; consent agreement. The court, after a hearing and upon finding that the defendant has committed the harassment alleged, may grant any protection
order or approve any consent agreement to bring about a cessation of harassment, which may include:
A. Directing the defendant to refrain from harassing, threatening, assaulting, molesting, attacking or otherwise abusing the
plaintiff or the plaintiff's employees;
[1995, c. 265, §7 (amd).]
B. Directing the defendant to refrain from going on the premises of the plaintiff's residence or property, provided that the
court may not use this subsection to evict a defendant from the rental premises in an action brought by a plaintiff;
[1995, c. 265, §8 (amd).]
C. Directing the defendant to refrain from interference with or destruction of the plaintiff's property;
[1993, c. 199, §6 (amd).]
C-1. Directing the defendant to refrain from 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;
[1993, c. 475, §2 (new).]
C-2. Directing the defendant to refrain from having any direct or indirect contact with the plaintiff;
[2001, c. 134, §3 (new).]
D. Ordering payment of monetary compensation to the plaintiff for losses suffered as a direct result of the harassment. Compensatory
losses are limited to loss of earnings or support; reasonable expenses incurred for safety protection; 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. If it appears from
the complaint that an order under this paragraph may be granted, the plaintiff or defendant may remove the issue of monetary
compensation to the Superior Court where a jury trial may be had. Removal must be requested by motion prior to a hearing
under section 4654;
[2003, c. 658, §8 (amd).]
E. Ordering the defendant to pay court costs or reasonable attorney's fees; and
[1993, c. 475, §2 (amd).]
F. Entering any other orders determined necessary or appropriate in the discretion of the court.
[1993, c. 475, §2 (amd).]
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.
[2003, c. 658, §8 (amd).]
2. Duration. Any protective order or approved consent agreement shall be for a fixed period not to exceed one year. At the expiration
of that time, the court may extend an order, upon motion of the plaintiff, for such additional time as it deems necessary
to protect the plaintiff from harassment. Upon motion by either party, for sufficient cause, the court may modify the order
or agreement from time to time as circumstances require.
[1987, c. 515, §1 (new).]
3. Consequences of violation. Any protective order or approved consent agreement shall indicate, in a clear and conspicuous manner, the potential consequences
of violation of the order or agreement.
[1987, c. 515, §1 (new).]
4. Title to property. No order or agreement may affect title to any real property.
[1987, c. 515, §1 (new).]
5. Bond prohibited. The court shall not require the execution of a bond by the plaintiff prior to issuance of any order of protection.
[1987, c. 515, §1 (new).]
6. Law enforcement agency to serve defendant. 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 to serve the defendant personally with any protective order or consent
decree.
[1999, c. 542, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4656. Identifying information sealed
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4656. Identifying information sealed
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 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.
[2001, c. 134, §4 (rpr).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4657. Notification
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4657. Notification
The clerk shall issue, without fee, a copy of an order, agreement, amendment or revocation to the plaintiff, the defendant
and, as the court directs, to the law enforcement agencies most likely to enforce it.
[1987, c. 515, § 1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4658. Procedure
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4658. Procedure
1. Civil rules apply. Unless otherwise indicated in this chapter, all proceedings shall be in accordance with the Maine Rules of Civil Procedure.
Appeals may be taken as provided by the Maine Rules of Civil Procedure and may be only for error of law or abuse of discretion.
[1987, c. 515, §1 (new).]
2. Proceedings independent. A proceeding under this chapter shall be in addition to any other available civil or criminal remedies.
[1987, c. 515, §1 (new).]
3. Self-defense. The right to relief, under this chapter, shall not be affected by the plaintiff's use of reasonable force in response to
harassment by the defendant.
[1987, c. 708, §6 (amd).]
4. Intoxication. Voluntary intoxication shall not be a defense to an action under this chapter.
[1987, c. 515, §1 (new).]
5. Referee. The court may not mandate appointment of referees in actions brought under this chapter. If an action under this chapter
is joined with another proceeding, this subsection does not prohibit the court from mandating appointment of a referee on
any issue, other than harassment, that is part of the other proceeding.
[2001, c. 243, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4659. Violation
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4659. Violation
1. Crime committed. Violation of a temporary, emergency, interim or final protective order, an order of a tribal court of the Passamaquoddy
Tribe or the Penobscot Nation or a court-approved consent agreement, when the defendant has prior actual notice of the order
or agreement, is a Class D crime, except when the only provision that is violated concerns relief authorized under section
4655, subsection 1, paragraphs D to F. Violation of these paragraphs must be treated as contempt and punished in accordance
with law.
[1993, c. 469, §2 (amd).]
2. Warrantless arrest. Notwithstanding any statutory provision to the contrary, an arrest for criminal violation as defined in this section of
an order or consent agreement may be made without warrant upon probable cause whether or not the violation is committed in
the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of a protective
order by telephone or radio communication with a law enforcement agency with knowledge of the order.
[1993, c. 469, §2 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4660-A. Law enforcement agency responsibilities
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4660-A. Law enforcement agency responsibilities
1. Reports. Each law enforcement agency shall report all incidents of harassment as required by the State Bureau of Identification under
Title 25, section 1544.
[1987, c. 695, §4 (new).]
2. Agency procedures. Law enforcement agencies shall establish procedures to ensure that dispatchers and officers at the scene of an alleged incident
of harassment or violation of an order of protection can be informed of any recorded prior incident of harassment involving
the harassed party and can verify the effective dates and terms of any recorded protection order.
[1987, c. 695, §4 (new).]
3. Officer training. Law enforcement agencies shall provide officers employed by them with an education and training program designed to inform
the officers of the problems of harassment, procedures to deal with these problems and the provisions of this chapter. The
amount and degree of officer training, beyond the distribution of information, shall be determined by each local law enforcement
agency.
[1987, c. 695, §4 (new).]
4. Officer responsibilities. Whenever a law enforcement officer has reason to believe that a person has been a victim of harassment, the officer shall
immediately use all reasonable means to prevent further harassment, including:
A. Remaining on the scene as long as he reasonably believes there is a danger to the physical safety of that person without
the presence of a law enforcement officer;
[1987, c. 695, §4 (new).]
B. Assisting that person in obtaining medical treatment necessitated by an assault;
[1987, c. 695, §4 (new).]
C. Giving that person written notice of his rights, which shall include information summarizing the procedures and relief available
to victims of harassment; or
[1987, c. 695, §4 (new).]
D. Arresting the harassing party with or without a warrant pursuant to section 4659, subsection 2.
[1987, c. 695, §4 (new).]
[1987, c. 695, §4 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 5 - §4660. Law enforcement agency responsibilities (REPEALED)
Title 5: ADMINISTRATIVE PROCEDURES AND SERVICES
Part 12: HUMAN RIGHTS (HEADING: PL 1971, c. 501, @1 (new); 1971, c. 622, @19 (amd))
Chapter 337-A: PROTECTION FROM HARASSMENT (HEADING: PL 1987, c. 515, @1 (new))
§4660. Law enforcement agency responsibilities (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
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