CHAPTER 372
S.P. 527 - L.D. 1568
An Act To Protect Plaintiffs and Minor Children in Certain Civil Protection Order Cases
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 19-A MRSA §4005, sub-§5 is enacted to read:
5. Notice. Prior to the plaintiff signing a complaint, the court shall notify the plaintiff, orally or in writing, that it is a crime to make a false statement under oath in a court document.
Sec. 2. 19-A MRSA §4006, sub-§2-A is enacted to read:
2-A. Temporary orders; possession of dangerous weapons. The court may direct the defendant not to possess a firearm or other dangerous weapon for the duration of the temporary order if the complaint demonstrates:
A. Abuse that involves a firearm or other dangerous weapon; or
B. A heightened risk of immediate abuse to the plaintiff or a minor child. In determining whether a heightened risk of immediate abuse is present, the court shall consider, but is not limited to consideration of, whether:
(1) The temporary order of protection is not likely to achieve its purpose in the absence of such a condition;
(2) The defendant has violated orders of protection;
(3) Past or present abuse to a victim resulted in injury;
(4) The abuse occurred in public; and
(5) The abuse includes:
(a) Threats of suicide or homicide;
(b) Killing or threatening to kill pets;
(c) An escalation of violence;
(d) Stalking behavior or extreme obsession;
(e) Sexual violence;
(f) Excessive alcohol or drug use; and
(g) Abuse against a pregnant victim.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon in a temporary order and if the defendant moves for dissolution or modification of an order pursuant to subsection 7, the court must hear and decide the motion as expeditiously as possible and must issue a written decision on the motion within 24 hours after a hearing on that motion.
If the court prohibits the defendant from possessing a dangerous weapon other than a firearm in a temporary order, the court shall specify the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon in a temporary order, the court shall direct the defendant to relinquish, within 24 hours after service of the order on the defendant or such earlier time as the court specifies in the order, all firearms and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms and other dangerous weapons at any location if there is probable cause to believe such firearms or dangerous weapons have not been relinquished by the defendant.
Sec. 3. 19-A MRSA §4007, sub-§1-A is enacted to read:
1-A. No possession of firearm or dangerous weapons for duration of order. If the court prohibits the defendant from possessing a dangerous weapon other than a firearm, the court shall specify the type of weapon the defendant is prohibited from possessing.
If the court prohibits the defendant from possessing a firearm or other dangerous weapon, the court shall direct the defendant to relinquish, within 24 hours after service of the order on the defendant or such earlier time as the court specifies in the order, all firearms and specified dangerous weapons in the possession of the defendant to a law enforcement officer or other individual for the duration of the order. If the weapons are relinquished to an individual other than a law enforcement officer, the defendant must file, within 24 hours after such relinquishment, with the court or local law enforcement agency designated in the order a written statement that contains the name and address of the individual holding the weapons and a description of all weapons held by that individual. The court may subsequently issue a search warrant authorizing a law enforcement officer to seize any firearms and other dangerous weapons at any location if there is probable cause to believe such firearms or dangerous weapons have not been relinquished by the defendant.
Effective September 13, 2003, unless otherwise indicated.
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