Sec. 8. 5 MRSA §4655, sub-§1, ¶D, as amended by PL 1995, c. 265, §9, is further amended to read:

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 petition 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;

Sec. 9. 5 MRSA §4655, sub-§1, ¶E, as amended by PL 1993, c. 475, §2, is further amended to read:

E. Ordering the defendant or, if the complaint is dismissed, the plaintiff to pay court costs or reasonable attorney's fees; and

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

SUMMARY

This bill renames the instrument used to obtain protection from harassment a "complaint" to properly reflect the process. The bill also amends the procedure for a protection from harassment complaint by requiring the plaintiff to file a report with the appropriate law enforcement agency and to present evidence of that report when filing a complaint for protection from harassment.

This bill also removes the requirement that the hearing on the complaint for protection from harassment be held within 21 days of the filing of the complaint and allows the judge to require the parties to engage in alternative dispute resolution.