LD 954
pg. 2
Page 1 of 2 An Act to Amend the Protection from Abuse and Protection from Harassment Laws ... LD 954 Title Page
Download Bill Text
LR 590
Item 1

 
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, ķA-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 E, §2, is repealed and the following enacted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.

 
SUMMARY

 
This bill makes the following changes to the laws governing
protection from abuse and protection from harassment.

 
1. It extends the definition of "harassment" to conduct
constituting stalking and violation of privacy. It also expands
the definition of "harassment" by adding the term "course of
conduct" to accommodate the inclusion of stalking.

 
2. It makes violations of provisions in permanent protection
from harassment orders that direct a defendant to refrain from
having contact with a plaintiff punishable criminally by
conferring express authority for these provisions.

 
3. It allows the clerk of court to seal identifying
information in protection from abuse and protection from
harassment cases.

 
4. It criminalizes the use, attempted use or threatened use
of physical force in violation of a protection from abuse order
by conferring express authority for such a provision.


Page 1 of 2 Top of Page LD 954 Title Page