SP0161, LD 496, item 1, An Act To Extend the Availability of Protection from Abuse and Protection from Harassment Orders

An Act To Extend the Availability of Protection from Abuse and Protection from Harassment Orders

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

Sec. 1. 5 MRSA §4653, sub-§1, ¶B, as amended by PL 2017, c. 455, §2, is further amended to read:

B. If the alleged harassment does not meet the definition in section 4651, subsection 2, paragraph C or is not related to an allegation of domestic violence, violence against a dating partner, sexual assault, stalking or harassment as described in Title 17-A, section 506, subsection 1, paragraph A-1 or A-2, a copy of a notice to stop harassing the plaintiff issued to the defendant pursuant to Title 17-A, section 506-A, subsection 1, paragraph A, subparagraph (1), division (a) or a statement of good cause why such a notice was not sought or obtained. The court has discretion, based on the nature of the allegations as well as any further inquiry that the court may make of the plaintiff regarding why notice may not have been provided, to issue an order without prior notice to stop harassing the plaintiff issued to the defendant.

Sec. 2. 5 MRSA §4653, sub-§2, as amended by PL 2003, c. 658, §3, is further 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 complaint or other necessary documents. This assistance may not include legal advice or assistance in drafting legal documents.

If the plaintiff has requested a form of relief unavailable under this chapter but available under Title 19-A, chapter 101, or if greater relief is available under Title 19-A, chapter 101, the court shall inform the plaintiff of the availability of relief under Title 19-A, chapter 101. Such provision of information does not constitute the provision of legal advice or assistance.

Sec. 3. 19-A MRSA §4002, sub-§4, as amended by PL 2015, c. 296, Pt. C, §24 and affected by Pt. D, §1, is further amended to read:

4. Family or household members. "Family or household members" means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living together as spouses, parents of the same child, adult household members individuals related by consanguinity or affinity or minor children of a household member when the defendant is an adult household member and, for the purposes of Title 15, section 1023, subsection 4, paragraph B-1 and Title 15, section 1094-B, this chapter and Title 17-A, sections 15, 207-A, 209-A, 210-B, 210-C, 211-A, 1201, 1202 and 1253 only, includes individuals presently or formerly living together and individuals who are or were sexual partners. Holding oneself out to be a spouse is not necessary to constitute "living as spouses." For purposes of this subsection, "domestic partners" means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare.

Sec. 4. 19-A MRSA §4005, sub-§2, ¶D is enacted to read:

D. If the plaintiff has requested a form of relief unavailable under this chapter but available under Title 5, chapter 337-A, or if greater relief is available under Title 5, chapter 337-A, the court shall inform the plaintiff of the availability of relief under Title 5, chapter 337-A. Such provision of information does not constitute the provision of legal advice or assistance.

SUMMARY

This bill expands the definition of "family or household member" in the laws governing protection from abuse in order to include, for purposes of a protection from abuse order, all related individuals regardless of whether the individuals are adult household members.

This bill also directs a court in which a protection from harassment or a protection from abuse complaint is filed to notify the plaintiff if appropriate or greater relief is available.

SP0161 LD 496	Session - 129th Maine Legislature		LR 921 Item 1
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