{"id":373769,"date":"2016-03-31T21:35:26","date_gmt":"2016-04-01T02:35:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/maine-law\/maine-protective-orders-laws.html"},"modified":"2023-01-13T01:00:00","modified_gmt":"2023-01-13T06:00:00","slug":"maine-protective-orders-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/maine-law\/maine-protective-orders-laws.html","title":{"rendered":"Maine Protective Orders Laws"},"content":{"rendered":"\n
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Maine Protective Orders Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If a person is being abused by a current or former family or household member, they can seek legal protection from the court to help stop the domestic violence<\/a>. Victims of sexual assault and stalking<\/a> can also get a protection order, which are sometimes separate depending on the state. In Maine, the protection order process is the same for domestic violence, rape, and stalking survivors.<\/p>\r\n

What Is a Protection Order?<\/h2>\r\n

A protection order<\/a> helps victims protect themselves from their abuser. For example, if you’re a victim and you call the police on your abuser during an incident, police are far likelier to take seriously your phone call and the need to respond, if you possess a protection order. It’s likelier that your abuser will be arrested for continuing to abuse you, if you possess an order.<\/p>\r\n

Protection Orders in Maine<\/h2>\r\n

The following chart explains the basic protection order laws<\/a> in Maine.<\/p>\r\n\r\n
Code Section<\/td>\r\nMaine Code Revised Title 19-A, Chapter 101: Protection from Abuse<\/a> and Title 15, Section 321: Protective Orders in Crimes Between Family Members<\/a><\/td>\r\n<\/tr>
What is Domestic Abuse?<\/td>\r\nMaine law defines abuse for getting a protection order as any of the following acts between family or household members or dating partners:
Activity Addressed by Order<\/td>\r\nA protection order can require or prohibit an abuser from doing certain activities related to the person protected by the order, including:
Duration of Order<\/td>\r\nA temporary order remains in effect until the final order is served. The final order is generally granted for two years at most, but that may be extended if the protected person requests an extension and shows a need for one.<\/td>\r\n<\/tr>
Penalty for a Violation of Order<\/td>\r\nIn the following ways<\/a>, Maine classifies crimes, including those related to violating an order of protection:
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  • When the offender has received prior notice, violating a protection order is treated as a Class D crime, punishable by up to 364 days of incarceration and\/or a fine of $2,000.<\/li>\r\n
  • When the offender has only violated the terms of the order, and not received prior notice, it’s treated as contempt. Contempt is punishable by up to 30 days of incarceration and a fine.<\/li>\r\n
  • If the conduct in which the offender has engaged is deemed to be "reckless" and as though it "creates a substantial risk of death or serious bodily injury" to the victim, violating a protection order is treated as a Class C crime. A Class C Crime is punishable by up to five years in prison and a fine of $5,000.<\/li>\r\n
  • If the offender has repeatedly violated the order, subsequent violations are treated as Class C crimes, punishable as described immediately above.<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Who May Apply for Order<\/td>\r\nAny abused family or household member, including children through a representative, may apply for an order. Maine provides the following as examples of such people that qualify:
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  • Spouses or domestic partners or former spouses or former domestic partners<\/li>\r\n
  • People living with or that lived with spouses<\/li>\r\n
  • People sharing a child<\/li>\r\n
  • Adult household members related by blood, marriage, or other legally recognized union<\/li>\r\n
  • Minor children of household members, when the offender is an adult member of the household<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>
Filing Fees<\/td>\r\nFiling fees<\/a> aren’t charged for protection orders in Maine.<\/td>\r\n<\/tr>
Order Transmission to Law Enforcement<\/td>\r\nFor emergency orders, information is provided to the appropriate law enforcement agency as soon as possible. For general protective orders, a copy is provided to the police agency that is most likely to need to enforce the order.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws change regularly. Contact a lawyer or conduct your own legal research to verify these laws.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n

Consider reviewing the following resources for more information about laws in Maine, including those related to protection orders:<\/p>\r\n