An Act To Clarify the Award of Fees in Domestic Violence Cases

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the federal Violence Against Women Act of 2000 has a requirement regarding management of costs and fees in protection from abuse orders; and

Whereas,  all applicants for funding under the federal Violence Against Women Act of 2000 are required to certify that laws, policies and practices do not require, in connection with the filing, issuance, registration or service of a protection order or a petition for a protection order to protect a victim of domestic violence, stalking or sexual assault, that the victim bear the costs associated with the issuance of a protection order; and

Whereas,  there are concerns that Maine's protection from abuse statute is ambiguous about the awards of attorney's fees and court costs; and

Whereas,  this legislation needs to take effect before the expiration of the 90-day period so that grant certifications can be made in good faith; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 19-A MRSA §4007, sub-§1, ¶L,  as amended by PL 2005, c. 510, §10, is further amended to read:

Sec. 2. 19-A MRSA §4007, sub-§1, ¶L-1  is enacted to read:

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

SUMMARY

This bill limits the award of court costs and reasonable attorney's fees to a defendant in a protection from abuse matter to cases when a judgment is entered against the plaintiff after a hearing where both parties are present and the court finds that the complaint is frivolous.