LD 1906
pg. 2
Page 1 of 5 An Act To Amend the Protection from Harassment Laws Page 3 of 5
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LR 2711
Item 1

 
filing a sworn petition complaint in an appropriate court alleging
that harassment. Prior to filing the complaint, the person must
file a report with the law enforcement agency having jurisdiction
over that person.__The person shall present evidence of that report
when filing the complaint.

 
Sec. 3. 5 MRSA §4653, sub-§2, as enacted by PL 1987, c. 515, §1, is
amended to read:

 
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 petition complaint
or other necessary documents. This assistance shall may not
include legal advice or assistance in drafting legal documents.

 
Sec. 4. 5 MRSA §4654, sub-§1, as enacted by PL 1987, c. 515, §1, is
amended to read:

 
1. Full hearing; alternative dispute resolution. Within 21
days of the filing of a petition, a A hearing shall must be held
at which the plaintiff shall prove the allegation of harassment
by a preponderance of the evidence.

 
The court may conduct a case management conference to identify
witnesses and exhibits, determine the settlement status and enter
a pretrial order governing the conduct and scheduling of the
trial.__Any temporary order remains in effect pending the final
hearing.__The court may require the parties to engage in
alternative dispute resolution to attempt to resolve the dispute
prior to the scheduled trial date.

 
Sec. 5. 5 MRSA §4654, sub-§2, as amended by PL 1995, c. 650, §4, is
further amended to read:

 
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 petition complaint or
an affidavit accompanying the petition 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


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