Domestic Abuse

Protection From Abuse Orders

Maine’s Protection Laws enable victims of domestic abuse or harassment to obtain both short-term emergency protection and, after a hearing, long-term protection. These laws also enable persons accused of abuse or harassment to defend themselves, and to ask the court to modify (change) or vacate (terminate) any order against them.

There are two types of protection cases.  One covers abuse; the other covers harassment. Protection cases based on abuse differ in some important respects from protection cases based on harassment, although many procedures apply to both. Both cases are court lawsuits under the Maine Revised Statutes, Title 19-A, section 4001 through section 4011 (Abuse); Title 5, sections 4651 through 4660 and section 4681 (Harassment); and Titles 17 and 17-A (Maine Criminal Code). Thus, these procedures should be used only when court intervention is necessary to protect a person or property from real harm.

The following legal definitions apply to the Protection Laws:

Abuse

Abuse is one or more of the following acts between “family or household members,” including such acts by a family or household member upon a minor child:

  1. Attempting to cause or causing bodily injury or offensive physical contact;
  2. Sexual assaults;
  3. Attempting to place or placing another person in fear of bodily injury by threatening, harassing or tormenting;
  4. Forcing a person to do things that the person has a right not to do, or forcing a person not to do things that the person has a right to do;
  5. Substantially restricting the movements of a person without lawful authority, by
  • moving 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 ireasonable fear that the crime will be committed; or
    • 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.

Family or Household Members

Family or household members are people who are married or who have been married to each other; people who are the birth parents of the same child; people who live together now or who used to live together as roommates or as though they were married; people who are current or former sexual partners; adults who are living in the same house and who are related by blood or marriage; and minor children of a household member when the defendant is an adult household member.”

Harassment

Harassment means any of the following:

  1. Three or more acts of intimidation, confrontation, physical force, or threat of physical force directed against any person, family or business, made with the intent of causing fear or intimidation, or damage to property, and which acts do in fact cause fear, intimidation or damage to property.
  2. Three or more acts made with the intent to deter the free exercise or enjoyment of any state or federal constitutional rights or privileges.
  3. A single act of physical force or violence or threat of physical force or violence made with the intent to deter the free exercise of any state or federal constitutional rights or privileges; or based on discrimination prohibited under the state or federal constitution or laws.
  4. A single act constituting murder, manslaughter, aiding or soliciting suicide, assault, criminal threatening, terrorizing, reckless conduct, gross sexual assault, kidnapping, criminal restraint, criminal restraint by a parent, harassment, incest, arson, violation of privacy or criminal mischief, pursuant to Titles 17 and 17-A of the Maine Revised Statutes (Maine Criminal Code).
  5. A  course of conduct that constitutes stalking, pursuant to the Maine Criminal Code, Title 17-A, Section 210, Maine Revised Statutes.

PROCEDURES APPLICABLE TO A PLAINTIFF IN A PROTECTION CASE

Who Can Sue

In a case based on abuse by a family or household member, as defined here, the following persons may sue:

  • An adult on his/her own behalf;
  • An adult on behalf of a minor child for whom that adult is responsible;
  • An emancipated minor;
  • An unemancipated minor, if represented by an adult parent or guardian.

In a case based on harassment, as defined here, the following persons or entities may sue:

  • An adult on his/her own behalf;
  • An adult on behalf of a minor child for whom that adult is responsible;
  • An emancipated minor;
  • An unemancipated minor, if represented by an adult parent or guardian;
  • A family or business.

Who Can Be Sued

In a case based on abuse, as defined here, the following persons may be sued:

  1. An adult or emancipated minor who:
  • is or has been married to the plaintiff;
  • lives or lived with the plaintiff as if married to the plaintiff;
  • is a birth parent of a biological child of the plaintiff;
  • is a blood relative and currently lives with the plaintiff;
  • lives or lived in the same household with the plaintiff;
  • is or has been a sexual partner of the plaintiff.
2. An unemancipated minor, so long as represented by an adult parent or guardian, who
  • lives or lived with the plaintiff as if married to the plaintiff;
  • is the birth parent of a biological child of the plaintiff;
  • is a blood relative and currently lives with the plaintiff;
  • is or has been a sexual partner of the plaintiff;
  • lives or lived in the same household with the plaintiff.
In a case based on harassment, as defined here, the following person or entities may be sued
  • An adult or emncipated minor;
  • An unemancipated minor, if represented by an adult parent or guardian;
  • A family or business.

Where

Go to the District Court where either the plaintiff or the defendant live, or in the event the plaintiff has left his/her residence to avoid abuse, go to the District Court where the plaintiff’s new residence is located.

Cost

There is no fee to file the case if based on abuse. A $30.00 fee applies if the case is based on harassment, unless the harassment case involves an allegation of stalking, sexual assault or domestic violence. If the plaintiff cannot afford the $30.00 fee, he/she may ask the clerk for the “Motion to Proceed Without Payment of Fees” form. There is no charge for forms or to get copies of papers that are filed in a protection case.

For More Information and Support with the Protection Order Process

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