Protection from Abuse & Harassment in Maine

If you are being abused or harassed by another individual, you may wish to seek a legal Order for Protection from Abuse or Protection from Harassment.

A violation of either Protection Order may result in severe consequences, including criminal charges for the violator.

The definitions of “abuse” and “harassment,” however, are very specific. If you are seeking a Protection Order, it is wise to seek the advice of a Trial Lawyer, who will help you determine whether you should seek Protection from Abuse or Protection from Harassment and will help you file your Complaint in a way that demonstrates abuse or harassment per the statute. If you fail to describe abuse or harassment in your Complaint, the Court may not grant you a Temporary Order for Protection, which would protect you from the time of filing your Complaint to the date of the Hearing, where both sides may present evidence to the Court.

Protection from Abuse

To obtain a Protection from Abuse Order, you must be experiencing “abuse” as it is defined by the statute. Abuse includes any of the occurrences below between family members, household members, or dating partners, or upon a minor child:

• Bodily injury or offensive physical contact
• Sexual assault
• Instilling fear of bodily injury
• Threatening, harassing, or tormenting behavior
• Coercing a person forceable or by intimidation to engage in certain conduct
• Significantly restricting the movements of another person
• Removing a person from their residence, place of employment, or school
• Confining a person for an extensive period of time
• Threatening to commit a crime of violence or danger to human life
• Recurrently following a person (stalking)
• Repeatedly appearing at a person’s home, school, business, or place of employment
• Unauthorized spreading of certain private images (oftentimes called “Revenge Porn”)
• Sex trafficking

Abuse also includes the following sex crimes:

• Gross sexual assault
• Sexual abuse of minors
• Unlawful sexual contact
• Visual sexual aggression against a child
• Sexual misconduct with a child under 14 years old
• Solicitation of a child to commit a prohibited act
• Solicitation of a child to engage in prostitution
• Unlawful sexual touching
• Prohibited contact with a minor (sexual offender restricted zone)

Protection from Abuse Procedure

• File a Complaint for Protection from Abuse: A Family Law Trial Lawyer will help you complete a Complaint for Protection from Abuse.
• Temporary Order for Protection from Abuse: If you demonstrate “abuse” per the statute in your Complaint, the Court may issue a Temporary Protection from Abuse Order. This Order has the same protections as a Final Protection from Abuse Order; however, it is granted only temporarily and will remain in effect only until the Final Protection from Abuse Hearing. The person who allegedly committed the abuse must be served this Order.
• The Court Sets a Hearing: The Court must set a hearing within 21 days of when the Complaint is filed to allow both parties the opportunity to present evidence before a Final Protection from Abuse Order may be ordered.
• Negotiation: The parties may negotiate before the Final Hearing. Oftentimes, parties are able to come to an agreement. If a Protection from Abuse Order is issued before a hearing, then there are no “findings of abuse” made by the Court. This may be helpful if there will be or is an additional pending family law case, such as a divorce or parental rights and responsibilities matter.
• Hearing: At the final hearing, both sides must be prepared to testify, bring witnesses, and present evidence. The Judge will likely rule immediately after the Hearing on whether or not the final Order will be granted.

If You Are the Alleged Abuser

If you have been served with a Complaint for Protection from Abuse, you must obey it, even if you feel it was granted by the Court inappropriately. You will likely want to seek legal representation to defend you at the Protection from Abuse Hearing, given the severity of this situation.

If the Court finds that you engaged in abuse, there are a variety of potentially severe consequences. For example, you will no longer have the right to own and use firearms. Findings of abuse can negatively impact the result of a divorce of parental rights and responsibilities matter as well. Violating a Protection from Abuse Order, whether a temporary or final order, can lead to arrest and criminal charges.

A Family Law Trial Lawyer will help you navigate this situation to protect you and your interests.

Protection from Harassment

According to Maine Legislature, Harassment is defined as “three or more acts of intimidation, confrontation, physical force, or threat of physical force directed against any person, family, or business that are made with the intention of causing fear, intimidation, or damage to personal property and that do in fact cause fear, intimidate, or damage to personal property.”

Harassment also includes a single act or course of conduct violating Maine’s statutes on the following:

• Murder
• Manslaughter
• Criminal Threatening
• Gross Sexual Assault
• Sexual Abuse of Minors
• Unlawful Sexual Contact
• Sexual Misconduct with a Child under 14 Years of Age
• Solicitation of a Child to Commit a Prohibited Act
• Solicitation of a Child to Engage in Prostitution
• Prohibited Contact with a Minor
• Sexual Exploitation of a Minor
• Dissemination of Sexually Explicit Material
• Criminal Restraint
• Criminal Restraint by a Parent
• Harassment by Telephone or by Electronic Communication Device
• Endangering the Welfare of a Dependent Person
• Aggravated Criminal Mischief
• Criminal Mischief
• Aggravated Sex Trafficking
• Sex Trafficking
• Reckless Conduct
• Assault
• Aggravated Assault
• Stalking
• Visual Sexual Aggression Against a Child
• Kidnapping
• Violation of Privacy
• Arson
• Terrorizing
• Felony Murder
• Aiding or Soliciting Suicide
• Unlawful Sexual Touching

A person also engages in harassment if there is interference with peaceable exercise or enjoyment of any rights or privilege secured by the United State Constitution or the Constitution of Maine through intentional interference or attempted intentional interference by physical force or violence against a person or damage or destruction of property or trespass on property or by the threat of physical force or violence against a person or damage or destruction of property.