LD 1906
pg. 3
Page 2 of 5 An Act To Amend the Protection from Harassment Laws Page 4 of 5
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LR 2711
Item 1

 
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;

 
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

 
C. The court provides written reasons for entering a
temporary order.

 
Sec. 6. 5 MRSA §4654, sub-§3, as amended by PL 1991, c. 760, §3, is
further amended to read:

 
3. Emergency relief. Emergency relief shall be 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 petition 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.

 
B. If a petition complaint is presented under this
subsection, the petition complaint and any order issued
pursuant to the petition 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.

 
C. An order shall remain remains in effect pending a
hearing pursuant to subsection 1.

 
Sec. 7. 5 MRSA §4654, sub-§5, as amended by PL 2001, c. 134, §2, is
further amended to read:

 
5. Service of order. If the court issues a temporary order
or orders emergency or interim relief, the court shall order a


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