Resource for a Recourse: Online Resource Center for Survivors of Abuse

MAINE : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Maine law defines "abuse" as the occurrence of one or more of the following acts between "family or household members":

attempting to cause or causing bodily injury or offensive physical contact;
attempting to cause or causing sexual assaults;
attempting to place or placing another person in fear of bodily injury by threatening, harassing or tormenting;
forcing a person to do things that the person has a right not to do;
forcing a person not to do things that the person has a right to do;
substantially restricting the movements of a person without lawful authority by:

removing a person from his/her home, business or school without consent or lawful authority;
moving a person a substantial distance; or
confining a person;

threatening a crime of violence that places the person in reasonable fear that the crime will be committed
repeatedly and without reasonable cause, following a person or being at or in the vicinity of the person's home, school, business or place of employment.

You can seek legal protection from acts of abuse done to you or your minor child by:

A spouse or former spouse
Someone you have a child with
Someone who you live with or used to live with
Your current or former sexual partner
Someone you are related to by blood or marriage

You can ask for an Order on behalf of a child who you are responsible for. If you are both being abused, you can ask the Court to give an order that will protect both of you.

Note that under the legal definition, you may seek protection from a same-sex partner who has been a household member of yours. However, judges do not always rule consistently in these cases. Please talk to someone at a local domestic violence organization for help determining how a judge is likely to rule and for in positioning your case.

Types of protective orders:

Temporary Protection Order

If you are in immediate danger of abuse you may request a temporary protection order that if granted will stay in effect until you are granted a full order, or an order terminating the temporary order is made. You may be granted a temporary order without a court hearing, and without your abuser's knowledge. If the judge who reads your complaint agrees that you are in immediate and present danger, she will give you an order right away. The order will take effect as soon as it is served on the defendant. If the judge does not give a temporary order, you may decide not to proceed with the case. However, unless the case is dismissed at your request, it will be scheduled for a final hearing. An abuse case must be scheduled for hearing within 21 days of when the complaint was filed with the court.

Final Protection from Abuse Order

You must attend the final hearing that was set by the court and listed on your Temporary Protection Order. A Protection from Abuse Order can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story or an order by agreement is accepted by the Judge. Protection from Abuse Orders usually lasts up to two years. However, you may be able to have it extended.

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Benefits:

A Protection from Abuse Order can require the abuser to refrain from threatening, assaulting, molesting, harassing, attacking or abusing you, and any minor children in your household. The Judge may also:

Order the Defendant to leave you alone and have no contact with you;
Order the Defendant not to hurt you or threaten you;
Order the Defendant to stay away from your home, school, business or place of employment;
Order the Defendant not to follow you;
Order the Defendant not to interfere with your property;
Order the Defendant not to possess a gun or any other dangerous weapon;
Grant possession of the home to you or the Defendant;
Order the Defendant to provide suitable housing for you;
Order division of personal property; and/or
State how long the Order will be in effect (up to two years).

If you have mutual children, the Order may also:

Grant temporary custody and visitation rights;
Order payment of child support; and/or
Order an immediate payroll withholding to collect support.

You can also ask the judge to:

Order the Defendant to get counseling or attend a certified batterers' intervention program;
Order the Defendant to pay temporary support for you and/or your child;
Order the Defendant to pay you for loss of earnings, injury to you, medical bills, or property or moving expenses that occurred as a direct result of the abuse;
Order the Defendant to pay court costs or attorney fees (or order you to pay these costs if your complaint is dismissed); and /or
Order anything else you need to stay safe.

Whether a judge orders any or all of the above depends on the facts of your case.

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Costs:

There are no fees for filing for a Protection from Abuse Order.

You do not need a lawyer to file for a Protection from Abuse Order. However, you may wish to have a lawyer, especially if your abuser has a lawyer or if there are complicated issues in your case. If you can, contact a lawyer to make sure that your legal rights are protected.

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Violations:

Through the Police or Sheriff (Criminal)

If the defendant violates the Order, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a Protection from Abuse Order and the defendant is violating it. If the defendant is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a Protection from Abuse Order. If found guilty of a violation of a Protection from Abuse Order, your abuser may spend time in jail.

If the Defendant is charged with a violation of the Order and prosecuted, contact the victim advocate at your county district attorney's office for information and support.

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of paragraphs H to M of your Order for Protection From Abuse (PFA).

The abuser is in "civil contempt" if he does anything that your PFA order, in paragraphs H to M, tells him not to do. To file for civil contempt, go to the clerk's office. Tell them you have a Protection from Abuse Order, that your abuser has violated it, and that you would like the forms to file for civil contempt.

If you were assisted by an attorney from Pine Tree Legal Assistance and/or a Domestic Violence Court Advocate you may call them for assistance in filing for civil contempt of your PFA.

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