Maine Revised Statutes Title 19-A Sec. 4111 – Modifying and extending orders
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1. Extension. The court may extend a final protection order issued under this chapter at the time of expiration, upon motion of the plaintiff, for such additional time as the court determines necessary to protect the plaintiff or minor child from abuse or conduct specified in section 4103. A final protection order may be extended more than once and without limitation on the duration of the extension. In determining whether extension of a final protection order is necessary, the court may consider:
A. The underlying reasons for the order, including earlier abuse and the history of abuse; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
B. Conduct that has occurred since the entry of the final protection order; [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
C. The continued effect of any abuse on the plaintiff; and [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
D. All other relevant factors pursuant to the discretion of the court. [PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
The court may continue the final protection order in effect until a hearing under section 4109, subsection 1 on the motion to extend.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
Terms Used In Maine Revised Statutes Title 19-A Sec. 4111
- Abuse: means the occurrence of the following acts:
A. See Maine Revised Statutes Title 19-A Sec. 4102Court: means a District Court and, with regard to section 4113, the tribal court of the Passamaquoddy Tribe or the Penobscot Nation. See Maine Revised Statutes Title 19-A Sec. 4102 minor child: means a person who has not attained the age of 18 years. See Maine Revised Statutes Title 19-A Sec. 101 Order: means :
A. See Maine Revised Statutes Title 19-A Sec. 4102Plaintiff: The person who files the complaint in a civil lawsuit.
2. Modification of order. Upon motion by either party, for sufficient cause, the court may modify an order issued under this chapter from time to time as circumstances require.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
3. Action by plaintiff. A plaintiff may extinguish or modify an order issued under this chapter only by legal process in accordance with the Maine Rules of Civil Procedure. Any other action or inaction on the part of the plaintiff does not alter, diminish or negate the effectiveness of the order. Criminal sanctions may not be imposed upon the plaintiff for violation of a provision of the plaintiff’s order for protection.
[PL 2021, c. 647, Pt. A, §3 (NEW); PL 2021, c. 647, Pt. B, §65 (AFF).]
SECTION HISTORY
PL 2021, c. 647, Pt. A, §3 (NEW). PL 2021, c. 647, Pt. B, §65 (AFF).