Domestic violence is a particularly pervasive problem because it can go on regularly within the four walls of the home, which is supposed to be a safe haven from all the dangers of the outside world.  Each state has its own remedies and methods for obtaining a solution; however, there is a similar general process that most states follow when dealing with issues of domestic violence. 

Protection From Abuse Order

Maine law defines abuse as the happening of any of the following actions between “family or household members or dating partners:” attempting or causing bodily injury or other offensive physical contact; attempting or causing sexual assault; threatening, harassing, or tormenting; coercion through threats to commit acts or not act against a person's will; substantially restricting the movements of a person without lawful authority; threats of physical violence; and stalking.  The court will examine the relationship of the parties to determine if the abuse qualifies as “domestic abuse.”

Maine law provides for a protection from abuse order for victims of domestic abuse.  There are two types of orders: a temporary protection from abuse order and a final protection from abuse order.  A temporary order, which usually lasts up to 21 days, may be given to you on the day you file your Petition for Protection From Abuse Order if the judge believes you are in imminent danger.  A final order of protection cannot be issued until the alleged abuser is given a chance to recount his or her side of the story.  The temporary order of protection will be issued for the length of time that you have to wait until your hearing.

After you file your Petition for Protection From Abuse Order, you will be given a hearing date, and the court will serve your alleged abuser with the appropriate paperwork that will notify him or her of the hearing date.  After you and your alleged abuser are each given a chance to recount your respective sides of the story, the judge will decide whether or not to issue a final protection from abuse order.  If your petition is granted, it will run anywhere up to two years, though you may apply for a renewal which may be granted subsequent to a hearing.

If, after your hearing, you are granted a protection from abuse order, it is likely to do the following things: order the abuser not to threaten, assault, or abuse you; give you possession of your shared home, if you are married; require the abuser to provide alternate housing for your children; give you possession of any shared personal property; require that the abuser seeks counseling; order the abuser to pay your attorney and medical fees; establish temporary custody rights, visitation rights, and order child support; and anything else necessary the court deems necessary to prevent further abuse.

Finding Domestic Violence Resources

The National Domestic Violence Hotline can be reached at 1-800-799-7233 and is operational 24 hours a day, 7 days a week, and in more than 100 languages.  It can help you find nearby domestic violence shelters, emergency shelters, legal help, and social service programs.

The Feminist Majority Foundation has put together a database of national organizations that can help victims of domestic violence get relief from their abuser. 

Resources for residents of Maine who have been victims of domestic violence can be found here.