Sen. Bailey introduces bill to expand access to justice for domestic violence survivors

AUGUSTA — On Tuesday, Sen. Donna Bailey, D-Saco, introduced LD 1696, “An Act To Clarify and Recodify Maine’s Protection from Abuse Statutes.” The bill was the subject of a public hearing before the Legislature’s Judiciary Committee.

“For me, this is an issue of access to justice,” said Sen. Bailey. “Over the years, the Protection from Abuse Statutes have become complex and confusing, even for attorneys and judges who are trained to navigate the legal system. By making the statutes more understandable and user-friendly, this bill will help people make sense of their legal protections and keep them safe.”

LD 1696 would recodify and restructure the Protection from Abuse Statutes so that they are clear, easy to read and understandable. The bill, without making any substantive changes, also incorporates relevant case law to the statutory framework. According to Elizabeth Ward Saxl of the Maine Coalition Against Sexual Assault, approximately 14,000 Mainers experience sexual violence in Maine each year. However, less than 5 percent of those Maine survivors will file a police report. For many survivors, they can seek civil protection from abuse orders but only if they can interpret the statutes without the benefit of legal counsel. As currently written, the statutes make it difficult for survivors to seek protection.

Julia Finn of the Maine Judicial Branch, who testified in support of the bill, said: “Clear and concise statutory language is important so that the public can understand the rule of law and the application of it. This is particularly important to enable unrepresented litigants to access justice.”

The bill also was supported by ACLU of Maine, Legal Services for the Elderly, the Maine Commission on Domestic and Sexual Abuse, the Family Law Advisory Commission and the University of Southern Maine Law.

The bill faces further action in committee.

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