SP0615
LD 1563		 Session - 127th Maine Legislature
 
 LR 2383
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Enact the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act

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

PART A

Sec. A-1. 19-A MRSA c. 103  is enacted to read:

CHAPTER 103

UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE PROTECTION ORDERS ACT

§ 4101.  Short title

This chapter may be known and cited as the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act.

§ 4102.  Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.  Foreign protection order.   "Foreign protection order" means a protection order issued by a tribunal of another state.
2.  Issuing state.   "Issuing state" means the state whose tribunal has issued a protection order.
3.  Mutual foreign protection order.   "Mutual foreign protection order" means a foreign protection order that includes provisions in favor of both the protected individual seeking enforcement of the order and the respondent.
4.  Protected individual.   "Protected individual" means an individual protected by a protection order.
5.  Protection order.   "Protection order" means an injunction or other order, issued by a tribunal under the domestic violence, family violence or stalking laws of the issuing state, to prevent an individual from engaging in violent or threatening acts against, harassment of, contact or communication with or physical proximity to another individual.
6.  Respondent.   "Respondent" means the individual against whom enforcement of a protection order is sought.
7.  State.   "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. "State" includes an Indian tribe or band that has jurisdiction to issue protection orders.
8.  Tribunal.   "Tribunal" means a court, agency or other entity authorized by law to issue or modify a protection order.

§ 4103.  Judicial enforcement of order

1.  Enforcement in tribunal of this State.   A person authorized by the law of this State to seek enforcement of a protection order may seek enforcement of a valid foreign protection order in a tribunal of this State. The tribunal shall enforce the terms of the order, including terms that provide relief that a tribunal of this State would lack power to provide but for this section. The tribunal shall enforce the order, whether the order was obtained by independent action or in another proceeding, if it is an order issued in response to a complaint, petition or motion filed by or on behalf of an individual seeking protection. In a proceeding to enforce a foreign protection order, the tribunal shall follow the procedures of this State for the enforcement of protection orders.
2.  Foreign tribunal recognition of standing to enforce.   A tribunal of this State may not enforce a foreign protection order issued by a tribunal of a state that does not recognize the standing of a protected individual to seek enforcement of the order.
3.  Enforcement when issued in accordance with jurisdictional requirements in issuing state.   A tribunal of this State shall enforce the provisions of a valid foreign protection order that govern custody and visitation if the order was issued in accordance with the jurisdictional requirements governing the issuance of custody and visitation orders in the issuing state.
4.  Valid foreign protection order.   A foreign protection order is valid if it:
A.  Identifies the protected individual and the respondent;
B.  Is currently in effect;
C.  Was issued by a tribunal that had jurisdiction over the parties and subject matter under the law of the issuing state; and
D.  Was issued after the respondent was given reasonable notice and had an opportunity to be heard before the tribunal issued the order or, in the case of an order ex parte, the respondent was given notice and has had or will have an opportunity to be heard within a reasonable time after the order was issued, in a manner consistent with the rights of the respondent to due process.
5.  Prima facie evidence of validity.   A foreign protection order valid on its face is prima facie evidence of its validity.
6.  Affirmative defense.   Absence of any of the criteria for validity of a foreign protection order is an affirmative defense in an action seeking enforcement of the order.
7.  Enforcement of mutual foreign protection order.   A tribunal of this State may enforce provisions of a mutual foreign protection order that favor a respondent only if:
A.  The respondent filed a written pleading seeking a protection order from the tribunal of the issuing state; and
B.  The tribunal of the issuing state made specific findings in favor of the respondent.

§ 4104.  Nonjudicial enforcement of order

1.  Enforcement by law enforcement officer.   A law enforcement officer of this State, upon determining that there is probable cause to believe that a valid foreign protection order exists and that the order has been violated, shall enforce the order as if it were the order of a tribunal of this State. Presentation of a protection order that identifies both the protected individual and the respondent and, on its face, is currently in effect constitutes probable cause to believe that a valid foreign protection order exists. For the purposes of this section, the protection order may be inscribed on a tangible medium or may have been stored in an electronic or other medium if it is retrievable in perceivable form. Presentation of a certified copy of a protection order is not required for enforcement.
2.  Existence of valid foreign protection order; probable cause.   If a foreign protection order is not presented, a law enforcement officer of this State may consider other information in determining whether there is probable cause to believe that a valid foreign protection order exists.
3.  Notice to and service upon respondent.   If a law enforcement officer of this State determines that an otherwise valid foreign protection order cannot be enforced because the respondent has not been notified or served with the order, the officer shall inform the respondent of the order, make a reasonable effort to serve the order upon the respondent and allow the respondent a reasonable opportunity to comply with the order before enforcing the order.
4.  Registration or filing not required.   Registration or filing of an order in this State is not required for the enforcement of a valid foreign protection order pursuant to this Act.

§ 4105.  Registration of order

1.  Registration of protection order.   Any individual may register a foreign protection order in this State. To register a foreign protection order, an individual shall present a certified copy of the order to the office of the clerk of any District Court or of any Superior Court of this State.
2.  Registration by clerk; certified copy.   Upon receipt of a foreign protection order, the clerk of the District Court or of the Superior Court shall register the order in accordance with this section. After the order is registered, the court clerk shall furnish to the individual registering the order a certified copy of the registered order.
3.  Protection order certified by issuing state; removal if inaccurate or not in effect.   The clerk of the District Court or of the Superior Court of this State shall register an order upon presentation of a copy of a protection order that has been certified by the issuing state. A registered foreign protection order that is inaccurate or is not currently in effect must be corrected or removed from the registry in accordance with the law of this State.
4.  Affidavit stating order is currently in effect.   An individual registering a foreign protection order shall file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is currently in effect.
5.  Entered into any registry.   A foreign protection order registered under this Act may be entered in any existing state or federal registry of protection orders, in accordance with applicable law.
6.  Registration fee prohibited.   A fee may not be charged for the registration of a foreign protection order.

§ 4106.  Immunity

This State or a local governmental agency or a law enforcement officer, prosecuting attorney, clerk of court or any state or local governmental official acting in an official capacity is immune from civil and criminal liability for an act or omission arising out of the registration or enforcement of a foreign protection order or the detention or arrest of an alleged violator of a foreign protection order if the act or omission was done in good faith in an effort to comply with this Act.

§ 4107.  Other remedies

A protected individual who pursues remedies under this Act is not precluded from pursuing other legal or equitable remedies against the respondent.

§ 4108.  Uniformity of application and construction

In applying and construing this Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

§ 4109.  Effective date

This Act takes effect on October 1, 2016.

§ 4110.  Transition provision

This Act applies to protection orders issued before October 1, 2016 and to continuing actions for enforcement of foreign protection orders commenced before October 1, 2016. A request for enforcement of a foreign protection order made on or after October 1, 2016 for violations of a foreign protection order occurring before October 1, 2016 is governed by this Act.

PART B

Sec. B-1. 14 MRSA §8007,  as enacted by PL 1975, c. 335, is amended by adding at the end a new paragraph to read:

This chapter does not limit the right to enforce an order pursuant to Title 19-A, chapter 103.

summary

This bill enacts the Uniform Interstate Enforcement of Domestic Violence Protection Orders Act approved by the National Conference of Commissioners on Uniform State Laws in 2002. The purposes of the bill and section-by-section descriptions are included in the Comments provided by the National Conference of Commissioners on Uniform State Laws. The Uniform Act is intended to be consistent with the federal Violence Against Women Act as reauthorized in 2013 in Public Law 113-4. The full faith and credit provisions are codified in 18 United States Code, Section 2265.

The Uniform Act provides an optional registration process for domestic violence protection orders, known as "protection from abuse orders" in Maine, issued by a tribunal in another state. A protection order from another state may be registered in Maine by presenting a certified copy of the order to the office of the clerk of any District Court or of any Superior Court of this State.

The Maine Uniform Enforcement of Foreign Judgments Act, which currently applies to foreign protection orders, is amended to clarify that the new Uniform Interstate Enforcement of Domestic Violence Protection Orders Act may also be used to enforce foreign protection orders.

Top of Page
Additional Information
Bill Tracking Chamber Status
Amendments Testimony, Public Hearings & Work Sessions Committee Information for this Bill
Other Documents Title & Section

Related Pages
Search Bill Text Search Bill Status
Bill Directory Current Committees Legislative Information
Download MS-Word, Printed PDF Maine Legislature
Office of Legislative Information
100 State House Station
Augusta, ME 04333		 voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer