CHAPTER 134
H.P. 734 - L.D. 954
An Act to Amend the Protection from Abuse and Protection from Harassment Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §4651, sub-§2, ¶C, as enacted by PL 1995, c. 650, §1, is amended to read:
C. A single act or course of conduct constituting a violation of section 4681; Title 17, section 2931; or Title 17-A, sections 201, 202, 203, 204, 207, 208, 209, 210, 210-A, 211, 253, 301, 302, 303, 506-A, 511, 556, 802, 805 or 806.
Sec. 2. 5 MRSA §4654, sub-§5, as amended by PL 1999, c. 542, §1, is further amended to read:
5. Service of order. If the court issues a temporary order or orders emergency or interim relief, the court shall order a law enforcement agency or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15 to serve the defendant personally with the order, the petition and the summons. To protect the plaintiff, the court may order the omission or deletion of the plaintiff's address from any papers served on the defendant.
Sec. 3. 5 MRSA §4655, sub-§1, ¶C-2 is enacted to read:
C-2. Directing the defendant to refrain from having any direct or indirect contact with the plaintiff;
Sec. 4. 5 MRSA §4656, as enacted by PL 1987, c. 515, §1, is repealed and the following enacted in its place:
§4656. Identifying information sealed
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed by the clerk and not disclosed to the other party or to the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
Sec. 5. 19-A MRSA §4006, sub-§6, as amended by PL 1999, c. 67, §1, is further amended to read:
6. Service of order. If the court issues a temporary order or orders emergency or interim relief, the court shall order an appropriate law enforcement agency, or, if the defendant is present in the courthouse, a court security officer qualified pursuant to Title 4, section 17, subsection 15, to serve the defendant personally with the order, the complaint and the summons. To protect the plaintiff, the court may order the omission or deletion of the plaintiff's address from papers served on the defendant. The court shall cause the order to be delivered to the law enforcement agency or court security officer as soon as practicable following the issuance of the order and the law enforcement agency or court security officer shall make a good faith effort to serve process expeditiously.
Sec. 6. 19-A MRSA §4007, sub-§1, ¶A-2 is enacted to read:
A-2. Prohibiting the defendant from the use, attempted use or threatened use of physical force that would reasonably be expected to cause bodily injury against the plaintiff or a minor child residing in the household;
Sec. 7. 19-A MRSA §4008, as enacted by PL 1995, c. 694, Pt. B, §2 and affected by Pt. E, §2, is repealed and the following enacted in its place:
§4008. Identifying information sealed
If a party alleges in an affidavit or a pleading under oath that the health, safety or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed by the clerk and not disclosed to the other party or to the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety or liberty of the party or child and determines that the disclosure is in the interest of justice.
Effective September 21, 2001, unless otherwise indicated.
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