Maine Family Law on Domestic Violence

Domestic violence can take many forms. All are unwelcome. Most domestic violence crimes involve people in qualifying close personal relationships having specific abusive acts occurring between them. Maine expands the definition to protect more victims.

Recognizing domestic abuse and knowing what to do when it appears can make a huge difference. This article offers answers to an array of questions about domestic violence. If this format doesn’t appeal to you, we have a more traditional approach available at FindLaw’s Maine Domestic Violence Laws article. Either way, you’ll come away with a better understanding of domestic violence in Maine.

Is it called domestic violence or domestic abuse?

It’s two sides of the same coin. Maine statutes use domestic abuse in most instances, but there are more than a few instances of domestic violence usage as well. Advocates lean toward domestic violence, and the state’s intervention program does as well. Unless you’re drafting a legal document, either form will convey the meaning.

Okay, so what is domestic violence?

In most states, domestic violence follows a somewhat strict definition. It occurs when one or more of a specific subset of abusive acts are committed between people in qualifying close personal relationships. Offenses that don’t fit the classification aren’t considered domestic violence.

Maine law uses a broader interpretation of domestic violence. It gives victims of certain abusive crimes access to domestic abuse protections without the relationship requirement. The exceptions are noted in the following list, which shows abusive acts and categories of crime considered eligible for domestic violence classification:

• Attempting to cause bodily injury or offensive physical contact
• Attempting to place another in fear of bodily injury through harassing, threatening, or tormenting behavior
• Causing bodily injury or offensive physical contact
• False imprisonment through kidnapping, isolation, or restraint
• 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
• Placing another in fear of bodily injury through harassing, threatening, or tormenting behavior
• Tampering with a condom or nonconsensual removal of a condom (no relationship requirement)
• Threatening a crime of dangerous violence with risk to human life
• Attempted sexual assault (no relationship requirement)
• Dissemination of sexually explicit material to a minor (no relationship required)
• Engaging in sex trafficking or aggravated sex trafficking (no relationship requirement)
• Harassment of a minor by electronic means through pictures or footage of a sexual act (no relationship requirement)
• Sexual assault (no relationship requirement)
• Sexual exploitation of a minor (no relationship requirement)
• Sharing of unauthorized private images (no relationship requirement)
• Stalking (no relationship requirement)

Crimes that don’t have a relationship requirement are still domestic violence if committed between family members, adult household members, or dating partners. Maine considers the people and relationships that qualify as:

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

Inclusion in one of these relationships doesn’t make every crime between the people involved an act of domestic violence.

Why is my abuser doing this to me?

There’s no single answer to that question. Domestic violence is about power and control. The abuser feels entitled to dominate their victim’s life. The tactics used can vary, but most focus on keeping the victim feeling hopeless, helpless, and living in fear.

Although isolation is a weapon for abusers, victims aren’t alone. Domestic violence advocates are experienced in helping people escape toxic relationships and can help.

Is domestic violence classification important? Isn’t a crime always a crime?

Abusive acts are always punished by the state of Maine. Having a crime classified as domestic violence offers specific protections and punishments that aren’t available in other situations. Maine family law is designed to deter repeat offenders. Any previous domestic violence conviction affects sentencing for another domestic violence crime.

Let’s show an example. Domestic violence assault is a Class D penalty. However, a person with a prior conviction for domestic violence assault would face a Class C penalty for domestic violence criminal threatening.

I want to get away from my abuser. What’s the best way to do so?

First and foremost: if you’re suffering abuse or feel abuse and violence are imminent, call 911. Maine law enforcement receives special training for domestic violence calls, including alerting victims to services available.

If possible, having a safety plan in place is a great way to prepare for escape. Safety plans focus on having answers for all the “what if?” questions that may pop up during the process. Domestic violence advocates have the skill and experience for guidance. A domestic violence attorney is also an invaluable resource.

I think I might be an abuser. Is there a way I can get help so I’m not this way?

Maine would much rather help you become a better person than incarcerate you. Assistance is available through Certified Domestic Violence Intervention Programs (CDVIP). These courses run for 48 weeks. A court may make participation mandatory after a domestic violence conviction.

Understand that this will not be a quick and easy remedy. Learning a new belief system is hard work. Committing to change can benefit you and the important people in your life.

What’s going to stop my abuser from coming after me after I leave? Are there any protections?

There are resources available for victims of domestic violence. Some are through Maine, while others are from support organizations. Knowing what they are and how to access them is crucial. Let’s look at some important ones to be aware of.

Maine Protective Orders

Also known as protection from abuse (PFA) orders, domestic violence protection orders are one of the strongest defenses a victim can get. These civil court orders are designed to keep an abuser away from the victim. They can also have temporary rulings on child custody, spousal support, and the surrendering of firearms.

PFAs use provisions tailored to each case for specific protections and conditions. A temporary ex parte PFA is issued without the court speaking to the abuser and lasts for 21 days or until a full court hearing. A final PFA is issued if the victim convinces the court that the abuser remains a threat. Final PFAs last for two years and are renewable.

There’s a lot to know about Maine PFAs. FindLaw’s Maine Protective Orders Laws article offers an in-depth look at PFAs and step-by-step instructions for obtaining one.

Renter Options

Fear of penalties for breaking a lease shouldn’t cause a victim grief. A legal break of a lease without penalty is available to victims under Maine law. Written notice is required, as is proof of domestic abuse or a protection-from-abuse order.

If a victim wants to stay in their dwelling, they can have the landlord remove the abuser from the lease. Victims can change the locks if they give the landlord a copy of the new key within 72 hours.

Address Confidentiality Program (ACP)

Victims don’t want their abusers to find them after they leave. The Address Confidentiality Program (ACP) gives participants a second legal mailing address. This is used for public records while also forwarding first-class mail to the victim’s actual address. There’s no charge for the program, and victims can apply online.

Domestic Violence Advocates

When caught up in the chaos and horror of domestic abuse, an experienced domestic violence advocate is a powerful ally. They’ll help you craft an escape plan, guide you to shelters, and work with you on applying for protection.

The final court hearing for the protection-from-abuse order is coming up. Do I need to prepare?

Whether you’re the victim or the person who was served with a temporary protection order, it’s important to prepare for the court hearing. As the plaintiff (victim), you need to make sure the provisions you requested are part of the order. If you have any witnesses to the abuse, confirm that they are available to testify. Bring evidence that supports your claim. You need to prove the threat exists.

If you’re the defendant (abuser), your task is to defend yourself against the claims the alleged victim is making. The court won’t give you special treatment if you represent yourself. Given the penalties you’re facing, consider speaking with a criminal defense attorney. Maine domestic violence charges are serious.

I got a temporary ex parte protection from abuse (PFA) order from the district court. Can I go shove it in my abuser’s face?

While your relief is understandable, that’s not a good idea. Under no circumstances should a victim of domestic violence ever serve a protection order themselves. A law enforcement agency will serve the defendant with a copy of the order and a summons for the final court hearing. If the defendant is present, they’ll receive the order at the court.

My abuser has guns. A lot of guns. Can a protective order do something about them?

Protective orders can address possession of firearms and other deadly weapons by an abuser. Under Maine law, a defendant cannot possess a firearm or deadly weapon if it was used or threatened to be used during a domestic violence offense. A ban is also possible if the court believes the defendant is a threat to use a firearm against those under a PFA.

Give as many details as possible. Identify the gun, explain how it was used, and let the court know where it’s kept. If included in the PFA, a firearms provision forbids the defendant from possessing any firearms or ammunition for the duration. They may also face a ban under federal law.

I have a protection order, but my abuser said they’re coming over anyway. What do I do?

If you’re in immediate danger, call 911. In any case, call law enforcement over any violation or threatened violation. Police can arrest an abuser if they have good cause, whether they witnessed the violation or not.

Violations carry the threat of jail time for any transgression. Most violations of a Maine protection order are a Class D offense. Exceptions include:

• Any subsequent violation after a second violation is a Class C offense
• Civil violations, such as support non-payment or removing the plaintiff from an insurance policy, are contempt charges that the plaintiff must pursue in court
• A violation involving assault or reckless conduct that may cause serious bodily injury or death is a Class C offense

PFAs are more effective if the abuser believes you’ll use the penalties against them. Don’t hesitate to call law enforcement.

I want to divorce my abuser. Does domestic violence qualify as grounds for divorce?

Domestic violence offenses can serve as grounds for a fault divorce in Maine. The divorce statute lists “extreme cruelty” and “cruel and abusive behavior” as grounds. Many abusive acts considered domestic abuse qualify under those terms. Consulting a Maine divorce attorney for a life-changing event like divorce is a necessity.

I want custody of our kids. Does my spouse’s being convicted of domestic violence help?

Understand that, except in extreme situations, the court will include both parents in the child’s life. Courts act in the best interests of the child. This means any domestic abuse between the parents is taken into consideration when determining primary custody and visitation rights. Any custody provision in a protective order is considered, but the custody is determined de novo (from the beginning).

The court can order supervised visitation, neutral sites, and other conditions. If the domestic abuse involved minor children and one of the parents, the court may deny visitation. For any custody case, it’s essential to have a Maine family law attorney on your side.

Maine Family Law on Domestic Violence: Additional Resources

• National Domestic Violence Hotline (1.866.799.7233)
• Orders of Protection and Restraining Orders
• Maine Victim Services
• Maine Court Locator
• Domestic Violence FAQ

Need Help With Family Law and Domestic Violence in Maine? An Attorney Can Help

If you’re a victim of sexual assault, aggravated assault, or any other type of domestic violence, speak with a Maine family law attorney. Their legal assistance can help you escape your batterer and find a better life.

If you’re facing domestic violence charges, don’t hesitate to consult with a Maine criminal defense lawyer. A lawyer experienced in domestic violence cases can provide you with legal advice and stand by you throughout the legal process.