Maine Domestic Violence Laws

Crimes between people sharing a close relationship can cause damage on many levels. Domestic violence offenses, also known as domestic abuse in Maine, often occur between family members or household members.

Maine‘s definition of domestic abuse differs from the norm. In this article, we’ll explain how it’s different, who and what acts are involved, and the protections and penalties available.

What Is Domestic Abuse?

In most instances, domestic violence occurs when a particular abusive act happens between people in qualifying relationships. Maine expands its definition by allowing some crimes to be classified as domestic abuse regardless of those involved. Let’s take a closer look at the requirements.

What Acts Qualify as Domestic Abuse?

There’s a wide range of abusive crimes, but domestic abuse offenses focus on power and control. Abusers use different types of domestic violence to keep victims feeling hopeless and helpless. The cycle of threats, coercion, and violence is difficult to escape.

Most states require domestic violence crimes to fulfill two basic requirements:

• A qualifying relationship
• Specific abusive acts

The acts that qualify as domestic abuse are noted in Maine Revised Statutes, including:

• Causing bodily injury or offensive physical contact
• Attempting to cause bodily injury or offensive physical contact
• Placing another in fear of bodily injury through threatening, harassing, or tormenting behavior
• Attempting to place another in fear of bodily injury through threatening, harassing, or tormenting behavior
• Making a person do something they don’t want to by intimidation, force, or threat of force
• Keeping someone from doing something they want to do by intimidation, force, or threat of force
• False imprisonment through kidnapping, isolation, or restraint
• Threatening a crime of dangerous violence

A spouse punching their spouse is domestic violence, while someone punching someone they don’t know would still be a crime, but not domestic abuse. Someone stalking a victim is domestic violence in Maine, whether or not they share a relationship.

Family Members and Household Members

For the majority of domestic abuse crimes, a close personal relationship is required for classification. Maine refers to these individuals as family members and adult household members. Not all relationships require sharing the same dwelling. Eligible people and relationships include:

• Spouses
• Former spouses
• Domestic partners
• Former domestic partners
• People who are sexual partners
• People who were sexual partners
• People in a dating relationship together
• People who were dating partners
• Individuals living together
• Individuals who have lived together
• Adults related by consanguinity (blood relatives)
• Adults related by affinity (in-laws)
• Parents with a child in common
• Children of a parent sharing one of these relationships

If people sharing one of these relationships have a qualifying crime happen between them, it’s domestic abuse in Maine. This matters because the classification enables special protections for the victim and enhanced penalties for abusers.

Abusive Acts With No Required Relationship

Maine‘s domestic violence law is unique in that it identifies some acts as domestic abuse even when the people involved don’t know each other or are not in a qualifying relationship. The following acts can lead to a domestic abuse charge regardless of the relationship between the parties:

• Stalking
• Sexual assault
• Attempted sexual assault
• Sharing of unauthorized private images
• Engaging in sex trafficking or aggravated sex trafficking
• Nonconsensual removal of a condom or tampering with a condom
• Sexual exploitation of a minor
• Harassment of a minor by electronic means via pictures or footage of a sexual act
• Dissemination of sexually explicit material to a minor

Despite not having the type of relationship usually required for domestic violence classification, these offenses are considered domestic abuse in Maine.

Help for Victims

When it comes to the violence and abuse associated with domestic violence crimes, gathering as much knowledge and protection as possible can save you from additional pain and suffering. Help is available through both the state of Maine and domestic violence advocates.

Maine Protection From Abuse Orders (PFA)

Protection from abuse orders (PFA) are also known as restraining orders and orders of protection. They can offer an effective means of relief for victims of domestic violence.

PFAs use provisions to keep the abuser away from the victim, as well as ruling on other pertinent issues. They’re designed to meet specific needs and differ from case to case. For example, a couple in a dating relationship who don’t have kids wouldn’t have a provision concerning child custody in a PFA.

While the court can add any condition to a PFA, some provisions are more common than others. These include:

• Making temporary rulings on child custody, child support, and spousal support
• Ordering the abuser to turn in any firearms or other weapons used or threatened to be used during a domestic violence offense
• Ordering the abuser to complete a certified domestic violence intervention program
• Forbidding the abuser from harassing, threatening, or having any contact with the victim

This is not an exhaustive list. PFAs can contain all, some, or none of these provisions. Plaintiffs (victims) can apply for a temporary PFA at a Maine district court. Forms are available online and at the courthouse. You can also file with the help of a domestic violence advocate.

If you need a PFA but your local court is closed, you can file an emergency petition with another District Court judge or Superior Court judge. This is only permitted if there’s no shelter to take you in. Otherwise, your petition for a temporary ex parte order is filed with the court clerk, who takes it to a judge. The judge may ask you questions.

If approved, the order is served to the defendant (abuser) by law enforcement. The temporary order lasts 21 days or until the full court hearing. At the court date, both sides plead their cases, present evidence, and call witnesses. If the court agrees that the threat of abuse exists, a final protection order is issued.

A final PFA lasts for two years. It’s renewable, and the court can make the extension for any amount of time. PFAs issued in Maine are enforced throughout the U.S. under federal law. For a closer look at Maine PFAs, including a step-by-step breakdown on how to get one, head over to FindLaw’s Maine Protective Orders Laws article.

Penalties for Violation of a PFA

These civil orders aren’t foolproof, but the penalties involved should make an abuser think twice before violating a PFA. A basic violation is a Class D crime, which carries up to 364 days in jail and a $2,000 fine. Violations involving assault or reckless conduct that creates risk of death or serious bodily injury are Class C crimes, with up to five years imprisonment and a $5,000 fine. Repeat offenders with two or more prior PFA violations also face Class C penalties.

Address Confidentiality Program (ACP)

Getting away from an abuser is often just the beginning. The last thing a victim wants is for the abuser to find them again. Maine‘s Address Confidentiality Program (ACP) provides relief by offering participants a second legal mailing address. This is used to keep public records hidden. The ACP also forwards first-class mail to the victim’s actual address.

Renter Protections

When exiting a toxic relationship, issues with your landlord are an additional hassle you don’t need. Victims of domestic violence can legally break their lease without penalty under Maine law. Depending on the length of the lease, victims must give either seven or 30 days’ written notice.

If a victim is planning on staying and their PFA has forced the abuser to leave the residence, victims can have the landlord remove the abuser from the lease. They can also change the locks without penalty if they give the landlord a copy of the new key within 72 hours.

Domestic Violence Advocates

There’s no substitute for experience. When caught up in the chaos and horror of domestic abuse, domestic violence advocates who have helped others through the same before make powerful allies. They’ll work with you to create a safety plan, make sure you have somewhere safe to go, and show you available protections.

Penalties for Domestic Violence Charges in Maine

Domestic violence classification matters for more than the protections it makes available. Crimes involving domestic violence often carry enhanced penalties.

Many domestic violence crimes in Maine are classified as Class D offenses, though specific penalties depend on the underlying crime and circumstances. The penalties for a Class D are up to 364 days in county jail and a fine of up to $2,000. For repeat offenders of any domestic violence crime, or if the offense is aggravated, the penalty is Class C instead. Class C penalties are up to five years in prison and a fine of up to $5,000.

It’s important to note that domestic violence offenses don’t have to be for the same type of crime to receive enhancement for another conviction. For example, an abuser who was convicted of domestic violence assault would face a Class C penalty for domestic violence criminal threatening if they promised to assault the victim again.

Most violations of a Maine PFA order are a Class D offense. Exceptions include:

• Civil violations such as support non-payment or refusal to pay court-ordered expenses are contempt charges that the plaintiff must pursue in court
• Violations involving reckless conduct or assault that creates the risk of serious bodily injury or death are Class C offenses
• Any subsequent violation after a second violation is a Class C offense

Abusers may also receive mandatory court-ordered domestic violence intervention program requirements. Failure to complete a certified batterer’s intervention program can result in the revocation of probation or other penalties.

Additional Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Maine Protective Orders Laws
• Get Help: The Maine Coalition To End Domestic Violence
• Domestic Violence FAQ
• Maine Protection Order Forms
• Maine Court Locator

Finding Legal Help

There’s nothing pleasant associated with domestic abuse. If either you or one of your minor children has suffered aggravated assault, stalking, or any other type of domestic violence, call 911. When the time seems right, meeting with a Maine domestic violence attorney is a good way to find a way to escape a life of abuse.

Domestic violence charges are serious. If you’re facing a domestic violence conviction, it’s a good idea to talk to a Maine criminal defense attorney sooner rather than later. An expert in domestic violence cases will examine the claims of the alleged victim, explain your options, and provide legal advice.