Domestic Violence in Maine: Charges, Penalties, and Protection Orders

Domestic violence laws in Maine span both the criminal code and civil statutes, giving victims access to prosecution, protection orders, firearm restrictions on abusers, custody safeguards, and housing and employment protections. The rules sit across several titles of the Maine Revised Statutes, so the full picture takes some assembling. What follows walks through how the state defines abuse, what charges and penalties apply, how protection orders work, and the rights victims hold outside the courtroom.

What Counts as Domestic Violence in Maine

Title 19-A, § 4102 defines “abuse” as attempting or actually causing bodily injury or offensive physical contact (including sexual assault), placing someone in fear of bodily injury through threatening or tormenting behavior, or using force or coercion to make someone do something they have the right to refuse.1Maine State Legislature. Maine Code Title 19-A 4102 – Definitions

What turns those acts into domestic violence rather than general crimes is the relationship between the people involved. The statute reaches:

  • Current or former spouses and domestic partners
  • People who live or lived together as spouses
  • Parents of the same child
  • Adult household members related by blood or marriage
  • People who live or have lived together
  • Current or former sexual partners
  • Current or former dating partners, even if they never lived together or had a sexual relationship

That last category matters. Maine explicitly includes dating partners, so two people who dated but never shared a home still fall under the domestic violence statutes.1Maine State Legislature. Maine Code Title 19-A 4102 – Definitions

Criminal Charges

Maine has a set of domestic-specific crimes that mirror their general counterparts but carry distinct consequences because of the relationship between the parties.

Each of these starts as a Class D crime. With a prior domestic violence conviction, the charge jumps to Class C. The prior doesn’t need to be for the same offense; any of the domestic violence charges above, or a protection order violation, triggers the enhancement.4Maine Legislature. Maine Code Title 17-A 210-B – Domestic Violence Terrorizing

Strangulation is handled separately and more severely. Under Title 17-A, § 208, intentionally or recklessly impeding someone’s breathing or blood circulation by applying pressure to the throat or neck qualifies as aggravated assault, a Class B crime carrying up to 10 years in prison.7Maine State Legislature. Maine Code Title 17-A 208 – Aggravated Assault

Penalties

What a conviction costs depends on the crime’s classification:

Maine uses a 10-year lookback window. If the prior domestic violence conviction occurred more than 10 years before the current offense, it generally cannot be used to enhance the sentence to a higher crime class.10Maine State Legislature. Maine Code Title 17-A 9-A – Allegation of Prior Conviction When Sentence Enhanced Courts frequently require convicted defendants to complete a certified domestic violence intervention program under Title 19-A, § 4116.11Maine Legislature. Maine Code Title 19-A 4116 – Certification of Domestic Violence Intervention Programs

Firearm Restrictions on Abusers

A domestic violence conviction triggers firearm restrictions at both the state and federal level, and the two don’t line up.

Maine’s Five-Year Ban

Under Title 15, § 393, anyone convicted of a Class D domestic violence crime (assault, criminal threatening, terrorizing, stalking, or reckless conduct) is prohibited from owning, possessing, or controlling any firearm for five years after completing the sentence. A new conviction of any crime during that period restarts the clock.12Maine Legislature. Maine Code Title 15 393 – Possession of Firearms Prohibited for Certain Persons Violating Maine’s firearm prohibition is itself a Class C crime carrying up to five years in prison.

The Federal Lifetime Ban

Federal law goes further. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is permanently prohibited from shipping, transporting, possessing, or receiving any firearm or ammunition. There is no expiration date, no matter how long ago the conviction occurred or how minor the underlying offense.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts Even after Maine’s five-year state prohibition expires, a person with a domestic violence conviction still cannot legally possess a firearm under federal law. Federal firearms violations carry up to 10 years in prison.

Separately, a court issuing a final protection from abuse order can direct the defendant not to possess firearms, muzzle-loading firearms, bows, crossbows, or other dangerous weapons for the duration of the order.14Maine State Legislature. Maine Code Title 19-A 4110 – Relief

Protection From Abuse Orders

A Protection from Abuse (PFA) order is a civil court order that restricts an abuser’s behavior. Filing costs nothing: Maine law bars any court filing or service fees for PFA plaintiffs.15Maine State Legislature. Maine Code Title 19-A 4106 – Procedures Complaint forms are available at any District or Superior Court clerk’s office and through the Maine Judicial Branch website.16State of Maine Judicial Branch. Court Forms

After the complaint is filed, a judge reviews it, often the same day, and decides whether to issue a temporary ex parte order based on the immediate danger described. If granted, the temporary order must be personally served on the defendant, typically by law enforcement.17Maine Legislature. Maine Code Title 19-A 4108 – Temporary Orders A full hearing must then be held within 21 days of the initial filing, though the court can continue it if either side needs more time. At the hearing the plaintiff must prove the abuse by a preponderance of the evidence, and the defendant can attend, present evidence, and contest the allegations.18Maine State Legislature. Maine Code Title 19-A 4109 – Hearings

Under Title 19-A, § 4110, a final order can go well beyond a stay-away directive. The court can order the defendant to leave the shared residence, prohibit possession of firearms or other weapons, award temporary custody of children, direct the defendant to pay support, and set conditions for any parent-child contact.14Maine State Legislature. Maine Code Title 19-A 4110 – Relief

Violating a Protection Order

A first violation of a PFA order with prior notice is a Class D crime carrying up to 364 days in jail. It becomes a Class C crime (up to 5 years) if the defendant violates the order through conduct that creates a substantial risk of death or serious injury, or by assaulting the protected person. Two or more prior convictions for violating a protection order also push the charge to Class C.19Maine State Legislature. Maine Code Title 19-A 4113 – Violation Officers responding to a reported violation have mandatory arrest authority when probable cause exists.20Maine State Legislature. Maine Code Title 19-A 4114 – Law Enforcement Agency Responsibilities

Arrest, Bail, and Victim Notification

Title 19-A, § 4114 requires officers to arrest and take into custody the alleged offender when they have probable cause to believe a protection order has been criminally violated or that the defendant committed certain domestic violence offenses such as aggravated assault or elevated domestic violence crimes.20Maine State Legislature. Maine Code Title 19-A 4114 – Law Enforcement Agency Responsibilities Separately, Title 17-A, § 15 authorizes warrantless arrests for domestic violence assault, criminal threatening, terrorizing, stalking, and reckless conduct on probable cause.21Maine State Legislature. Maine Code Title 17-A 15 – Warrantless Arrests by a Law Enforcement Officer

A bail commissioner setting pretrial release in a domestic violence case must first gather background on the alleged abuser, including offense severity, the relationship between the parties, and the results of a validated risk assessment when available. Bail cannot be set in a domestic violence case without specifying a court date within five weeks of the bail order.22Maine State Legislature. Maine Code Title 15 1023 – Bail Commissioners Typical conditions include a no-contact order and a requirement that the defendant leave the shared home for the duration of the case. Violating bail is a separate crime, and the court can revoke bail entirely.

When someone is arrested for domestic violence, the arresting officer must collect the victim’s contact information and pass it to the jail holding the defendant. If the defendant is later released on bail, the jail must notify the victim before or at the time of release. Victims who prefer not to receive these notifications can opt out in writing.23Maine State Legislature. Maine Code Title 17-A 2107 – Notification of Defendant’s Release on Preconviction Bail

Child Custody

Maine courts treat the child’s safety and well-being as the primary consideration when domestic abuse is part of a custody case. The Legislature has stated that domestic abuse creates “an unhealthy and dangerous family environment” that is “not conducive to healthy childhood development.”24Maine State Legislature. Maine Code Title 19-A 1653 – Parental Rights and Responsibilities

There is also a rebuttable presumption that a parent with a history of domestic abuse should not receive sole or joint custody. A court can find that “history” based on a single incident causing serious bodily injury, or more than one incident of domestic abuse. To overcome the presumption, the abusive parent must prove by a preponderance of the evidence that they successfully completed a batterer’s intervention program, are not abusing alcohol or using illegal drugs, and that the child’s best interest requires their involvement because of the other parent’s absence, substance abuse, or other compelling circumstances.25Maine Legislature. An Act To Establish Child Custody and Domestic Violence Presumptions

When a court does grant custody or contact in a case involving domestic abuse, the order must include specific conditions, which can include supervised visitation, restrictions on overnight stays, or other safeguards.24Maine State Legislature. Maine Code Title 19-A 1653 – Parental Rights and Responsibilities

Housing, Address Confidentiality, and Unemployment

Victims of domestic violence can break a residential lease without financial penalty. The notice requirement depends on the lease term: seven days’ written notice for a lease under one year, and 30 days’ notice for leases of a year or longer. The victim must give the landlord documentation of the abuse, which can include a protection order, a police report, a signed statement from a healthcare provider or advocate, or a copy of a criminal complaint. Once the lease is properly terminated, no further rent is owed.26Maine State Legislature. An Act To Protect Victims of Domestic Violence, Sexual Assault or Stalking

Through the Maine Secretary of State’s office, victims who relocate to escape an abuser can enroll in the Address Confidentiality Program. The program provides a substitute address and free confidential mail forwarding so the victim’s actual location stays hidden from public records. A counselor or advocate who specializes in domestic violence services can recommend a victim for enrollment.27Maine Secretary of State. Address Confidentiality Program

A victim who voluntarily leaves a job to escape domestic violence may still qualify for unemployment benefits, provided they made reasonable efforts to keep the job before leaving. The employer’s experience rating is not charged when benefits are paid under these circumstances. A worker also cannot be disqualified for misconduct if their actions were based solely on the need to protect themselves or an immediate family member from domestic violence.28Maine Department of Labor. MDOL News and Events

Getting Help

The Maine Coalition to End Domestic Violence operates a statewide helpline available around the clock: 1-866-834-4357 (1-866-834-HELP). The helpline provides safety planning, referrals to local shelters and legal advocacy, and support for anyone experiencing domestic abuse. Deaf or hard-of-hearing callers can reach assistance at 1-800-437-1220. If you are in immediate danger, call 911.