Domestic Violence Support and Legal Strategies: Insights from a Maine Family Lawyer

Understanding Domestic Violence in Maine: A Legal Overview

Domestic violence, also known as domestic abuse, is a serious issue that affects individuals and families across Maine. It's crucial to understand what constitutes domestic violence under Maine law and the legal avenues available for protection and recourse. This article will provide insights into Maine's approach to domestic violence, offering practical advice and exploring potential legal strategies.

🔍Defining Domestic Violence in Maine: Under Maine law (Title 19-A, Section 4002), domestic violence is defined as:

• 💥 Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members.
• 😟 Sexual abuse between family or household members.

Family or household members include spouses, former spouses, individuals who cohabitate or have cohabitated, parents and children, and individuals who have a child in common, regardless of whether they have ever been married or have lived together.

Seeking Protection: Protection From Abuse (PFA) Orders

A Protection From Abuse (PFA) order is a civil order issued by a Maine court to protect victims of domestic violence from further abuse. Obtaining a PFA order is often the first step in ensuring safety and establishing a legal record of the abuse.

📝How to Obtain a PFA Order in Maine:

1. File a Complaint: You must file a complaint with the District Court in the county where you reside or where the abuser resides. The complaint must detail the acts of abuse and why you fear for your safety. Court staff can assist with the forms, but cannot provide legal advice.
2. Temporary Order: The court may issue a temporary PFA order ex parte (without the abuser present) if it finds that there is an immediate and present danger of abuse. This order is usually effective until a full hearing can be held.
3. Service of Process: The abuser (respondent) must be formally served with a copy of the complaint and the temporary PFA order. Service is typically done by a sheriff or a private process server.
4. Hearing: A hearing will be scheduled where both parties can present evidence and testimony. It is highly recommended to have legal representation at this hearing.
5. Final Order: If the court finds by a preponderance of the evidence (more likely than not) that abuse has occurred, it will issue a final PFA order. This order can last for up to two years.

🛡️What a PFA Order Can Do: A PFA order can:

• 🛑 Prohibit the abuser from contacting you, even indirectly.
• 🚫 Prohibit the abuser from coming within a certain distance of your home, work, or school.
• 🏠 Grant you temporary possession of the family home.
• 👪 Award you temporary custody of your children.
• 🚷 Prohibit the abuser from possessing firearms.

Important Note: A PFA order is not a foolproof guarantee of safety. It's crucial to have a safety plan in place, even with a PFA order. If the abuser violates the PFA order, immediately contact law enforcement.

Criminal Charges for Domestic Violence in Maine

In addition to seeking a PFA order, domestic violence can also be a criminal offense in Maine. The State of Maine, through the District Attorney's Office, prosecutes these cases.

⚖️Potential Criminal Charges: Common criminal charges related to domestic violence include:

• 👊 Assault (Simple Assault or Aggravated Assault)
• 🔪 Criminal Threatening
• 🤕 Domestic Violence Assault
• 💔 Terrorizing
• 😠 Harassment
• 🚨 Violation of a Protection From Abuse Order

🚔Role of Law Enforcement: When law enforcement responds to a domestic violence call, they are required to determine who the primary aggressor is and may arrest that person. Maine has a mandatory arrest policy in certain domestic violence situations.

🧑‍⚖️Criminal Court Process: If arrested for a domestic violence offense, the accused will be arraigned and a bail hearing will be held. Conditions of bail are commonly set, including "no contact" provisions. The case will then proceed through the criminal court system, which may involve plea negotiations or a trial.

Civil Lawsuits: Seeking Compensation for Damages

Beyond criminal charges and PFA orders, victims of domestic violence in Maine may also have the option of pursuing a civil lawsuit against their abuser to recover damages for injuries and losses suffered.

💰Types of Damages Recoverable: A civil lawsuit can seek compensation for:

• 🤕 Medical expenses (past and future)
• 🤕 Pain and suffering
• 😞 Emotional distress
• 💸 Lost wages (past and future)
• 🏥 Therapy costs
• 🏡 Property damage
• 💔 Punitive damages (in some cases, to punish the abuser)

🧑‍⚖️Filing a Civil Lawsuit: A civil lawsuit is filed in Maine Superior Court. The lawsuit must allege specific acts of abuse and the resulting damages. It's important to consult with an attorney to assess the viability of a civil lawsuit and to navigate the complex legal procedures.

Divorce and Child Custody Considerations

Domestic violence can significantly impact divorce and child custody proceedings in Maine. The court will consider evidence of domestic violence when making decisions about custody, visitation, and spousal support.

👶Child Custody: Maine law (Title 19-A, Section 1653) requires the court to consider evidence of domestic violence when determining the best interests of the child. If there is credible evidence of domestic violence, the court must consider whether it is detrimental to the child to award sole or shared parental rights and responsibilities to the abuser.

🏠Supervised Visitation: In cases involving domestic violence, the court may order supervised visitation to protect the child's safety. This means that visits between the child and the abusive parent must occur in a controlled setting with a monitor present.

🤝Spousal Support (Alimony): Domestic violence can also affect the amount and duration of spousal support. The court may consider the abuser's conduct when determining whether to award spousal support and the appropriate amount.

Practical Advice for Victims of Domestic Violence in Maine

If you are experiencing domestic violence in Maine, it's important to take steps to protect yourself and your children. Here are some practical tips:

• 📞Call 911: If you are in immediate danger, call 911.
• 🏥Seek Medical Attention: If you have been injured, seek medical attention. Document your injuries with photographs and medical records.
• 📸Document the Abuse: Keep a record of all incidents of abuse, including dates, times, descriptions of the abuse, and any injuries. Take photos of any injuries.
• 👜Create a Safety Plan: A safety plan is a detailed plan for how to leave the abusive situation and protect yourself and your children. This includes identifying safe places to go, packing a bag with essential items, and memorizing important phone numbers.
• 🔒Change Locks: If you leave the home, consider changing the locks to prevent the abuser from returning.
• 📱Privacy: Be mindful of your electronic devices. The abuser may be monitoring your phone, email, or social media accounts. Consider using a separate phone or email account that the abuser does not know about.

Resources and Support in Maine

Maine offers a variety of resources and support services for victims of domestic violence:

• ☎️Maine Domestic Abuse Helpline: 1-866-834-HELP (4357). This hotline provides 24/7 crisis intervention, information, and referrals.
• 🌐Maine Coalition to End Domestic Violence (MCEDV): [https://mcedv.org/](https://mcedv.org/). MCEDV is a statewide organization that provides training, advocacy, and support to local domestic violence agencies.
• 🏢Local Domestic Violence Agencies: Many communities in Maine have local domestic violence agencies that offer shelter, counseling, legal assistance, and other support services. A list can be found on the MCEDV website.
• 🏛️Pine Tree Legal Assistance: [https://www.ptla.org/](https://www.ptla.org/). Pine Tree Legal Assistance provides free civil legal services to low-income Mainers, including assistance with PFA orders and divorce cases.
• 👩‍💼Family Law Attorneys: Consulting with a qualified Maine family law attorney is essential to understand your legal rights and options.

Strategies for Family Lawyers in Maine Domestic Violence Cases

Here are some strategies employed by Maine family lawyers to effectively represent clients in domestic violence cases:

• Thorough Investigation: Conduct a comprehensive investigation, gathering evidence such as police reports, medical records, witness statements, and electronic communications to build a strong case.
• Strategic Use of Evidence: Skillfully present evidence to support the client's claims, highlighting patterns of abuse and demonstrating the impact on the client and any children involved.
• Expert Testimony: Utilize expert witnesses, such as psychologists or domestic violence experts, to provide testimony on the dynamics of abuse and the potential long-term effects on victims.
• Advocacy for Protective Measures: Vigorously advocate for protective measures, such as PFA orders, supervised visitation, and restrictions on contact, to ensure the client's safety and well-being.
• Negotiation and Settlement: Negotiate strategically with opposing counsel to reach a fair and equitable settlement that addresses the client's needs and protects their rights.
• Trial Preparation: Prepare meticulously for trial, anticipating potential challenges and developing effective strategies for presenting the client's case persuasively.
• Sensitivity and Support: Provide compassionate and supportive representation to clients, recognizing the emotional toll of domestic violence and offering guidance and encouragement throughout the legal process.
• Child Advocacy: Prioritize the safety and well-being of children in domestic violence cases, advocating for custody arrangements that protect them from harm.
• Enforcement of Orders: Take swift action to enforce PFA orders and other court orders, holding abusers accountable for violations and ensuring the client's continued safety.
• Collaboration with Community Resources: Collaborate with community resources, such as domestic violence shelters and counseling services, to provide clients with comprehensive support and assistance.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.