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An Act To Require Notification When a Temporary Protection from Abuse Order Is Rescinded
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  19-A MRSA §4006, sub-§6, ¶C  is enacted to read:
 
C.  The law enforcement agency, court security officer or the correctional facility that serves process on the defendant shall inquire of the defendant the address where the defendant is residing or intends to reside and shall notify the court of that address as soon as practicable.
Sec. 2. 19-A MRSA §4006, sub-§7, 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 E, §2, is repealed and the following enacted in its place:
 
7.  Dissolution or modification.     This subsection governs motions by a plaintiff or a defendant to dissolve or to modify a temporary order.
 
A.  Notwithstanding any statutory provision to the contrary, upon 2 days' notice to the plaintiff or upon such shorter notice as the court may order, a defendant may appear and move the dissolution or modification of the temporary order, and, in that event, the court shall proceed to hear and determine the motion as expeditiously as the ends of justice require. At that hearing, the plaintiff has the burden of justifying a finding in the ex parte order that the defendant has challenged by affidavit.
 
B.  Notwithstanding any statutory provision to the contrary, a plaintiff may appear and move the dissolution or modification of the temporary order. Before granting or denying a request by a plaintiff to dissolve or modify the temporary order, the judge shall allow the plaintiff the opportunity to be heard in person to support the motion.
 
C.  If the court grants a request for modification of the temporary order under paragraph A or B, the court shall order service of the modified order on the defendant pursuant to subsection 6 and shall provide a copy of the decision to the plaintiff in hand or shall mail a copy of the decision to the plaintiff at the plaintiff’s last known address.
 
D.  If the court grants a request for dissolution of the temporary order under paragraph A or B, the court shall as soon as practicable notify the plaintiff, the defendant and the law enforcement agency or correctional facility that most likely would have enforced the temporary order as determined by the court.
 
This subsection may not be construed to abolish or limit any means otherwise available by law for obtaining dissolution, modification or discharge of a temporary order.
 
SUMMARY
This bill specifies the method a court is required to use to notify a plaintiff, a defendant and the relevant law enforcement agency or correctional facility that a temporary protection from abuse order has been modified or dissolved by the court.