CHAPTER 372

S.P. 527 - L.D. 1568

An Act To Protect Plaintiffs and Minor Children in Certain

Civil Protection Order Cases

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 19-A MRSA §4005, sub-§5 is enacted to read:

5.__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.

Sec. 2. 19-A MRSA §4006, sub-§2-A is enacted to read:

2-A.__Temporary orders; possession of dangerous weapons.__The court may direct the defendant not to possess a firearm or other dangerous weapon for the duration of the temporary order if the complaint demonstrates:

Ai..__Abuse that involves a firearm or other dangerous weapon; or

ii.B.__A heightened risk of immediate abuse to the plaintiff or a minor child.__In determining whether a heightened risk of immediate abuse is present, the court shall consider, but is not limited to consideration of, whether:

(1)__The temporary order of protection is not likely to achieve its purpose in the absence of such a condition;

(2)__The defendant has violated orders of protection;