LD 1906
pg. 2
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LR 2711
Item 1

 
Sec. 2. 5 MRSA §4653, sub-§1, as amended by PL 1995, c. 560, §3, is
further amended to read:

 
1. Filing; police report. Any A person who has been a victim
of harassment, including a business, may seek relief by filing a
sworn petition complaint in an appropriate court alleging that
harassment.

 
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.

 
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 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


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