APPROVED CHAPTER
APRIL 20, 2022 647
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-TWO
_____
S.P. 551 - L.D. 1696
An Act To Clarify and Recodify Maine's Protection from Abuse Statutes
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 5 MRSA §12004-I, sub-§74-C, as amended by PL 2001, c. 240, §1, is
further amended to read:
74-C.
Public Maine Commission on Domestic and Expenses 19-A MRSA
Safety Sexual Abuse Only §4013 §4115
Sec. A-2. 19-A MRSA c. 101, as amended, is repealed.
Sec. A-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;
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 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
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 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:
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 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
852 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
852 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
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 (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.
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 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.
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§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