§4111. Modifying and extending orders
(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
(WHOLE SECTION TEXT EFFECTIVE 1/01/23)
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).]
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).
Structure Maine Revised Statutes
TITLE 19-A: DOMESTIC RELATIONS
Chapter 103: PROTECTION FROM ABUSE (WHOLE CHAPTER TEXT EFFECTIVE 1/01/23)
19-A §4101. Purposes (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4102. Definitions (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4103. Eligibility (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4104. Commencement of a proceeding (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4105. Other proceedings (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4106. Procedures (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4107. Service of order (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4108. Temporary orders (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4109. Hearings (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4110. Relief (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4111. Modifying and extending orders (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4112. Sealing (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4113. Violation (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4114. Law enforcement agency responsibilities (WHOLE SECTION TEXT EFFECTIVE 1/01/23)
19-A §4115. Maine Commission on Domestic and Sexual Abuse (WHOLE SECTION TEXT EFFECTIVE 1/01/23)