HP0748
LD 988
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 998
Item 2
Bill Tracking Chamber Status

Amend the bill in section 5 in subsection 1 by striking out the first paragraph (page 3, lines 3 to 10 in L.D.) and inserting the following:

1. Protection order; consent agreement.   The court, after a hearing and upon finding that the defendant has committed the alleged abuse or engaged in the alleged conduct described in section 4005, subsection 1, may grant a protective order or, upon making that finding, approve a consent agreement to bring about a cessation of abuse or the alleged conduct. This subsection does not preclude the parties from voluntarily requesting a consent agreement without a finding of abuse. The court may enter a finding that the defendant represents a credible threat to the physical safety of the plaintiff or a minor child residing in the plaintiff's household. Relief granted under this section may include:’

summary

This amendment clarifies that the alleged conduct on which a protection from abuse order may be based includes stalking as set out in the Maine Criminal Code, which is referenced in the Maine Revised Statutes, Title 19-A, section 4005, subsection 1, as amended in the bill.


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