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Legal Information: Maine

Maine Restraining Orders

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Restraining Orders

Protection from Abuse Orders (for domestic violence, stalking, sexual assault, and more)

Basic information

What is the legal definition of abuse in Maine?

For the purposes of filing for a protection from abuse order, Maine law defines “abuse” in two ways:

1. It is the occurrence of one or more of the following acts committed against you or your minor child by a family or household member or dating partner:

  • attempting to cause or causing bodily injury or offensive physical contact;
  • attempting to cause or causing sexual assault;
  • stalking as defined by law;
  • attempting to place or placing another person in fear of bodily injury by threatening, harassing or tormenting;
  • forcing a person to do things that the person has a right not to do;
  • forcing a person not to do things that the person has a right to do;
  • substantially restricting the movements of a person without lawful authority by:
    • removing a person from his/her home, business or school without consent or lawful authority;
    • moving a person a substantial distance; or
    • confining a person;
  • threatening a crime of violence that places the person in reasonable fear that the crime will be committed;
  • repeatedly and without reasonable cause, following a person or being at or in the vicinity of the person’s home, school, business or place of employment;
  • engaging in the unauthorized dissemination of certain private images;
  • engaging in aggravated sex trafficking or sex trafficking; and
  • these additional acts committed against minors only:

2. “Abuse” is also defined as occurrence of one or more of the following acts committed by anyone against an adult or minor, regardless of your relationship to him/her:

Note: If someone is at least 60 years of age, a “dependent adult,” or an incapacitated adult, and is being abused by an extended family member or an unpaid care provider, see our Protection from Abuse Orders (for elderly/disabled) page for more information on the additional definitions of abuse for these victims.3

If you are being harassed in a way that is not listed above, you may be eligible for a protection from harassment order. See our Protection from Harassment Orders section for more information.

1 ME ST T. 19-A §§ 4102(1); 4103(1)
2 ME ST T. 19-A § 4103(1), (2)
3 ME ST T. 19-A § 4103(3)

What types of protection from abuse orders are there? How long do they last?

In Maine, there are two types of protection from abuse orders:

Temporary protection from abuse order - You can request an ex parte temporary protection order that will stay in effect until the hearing for the final order within 21 days. The order can be granted without a court hearing, and without the abuser’s knowledge as long as the judge believes there is a “good cause” to grant the order; for example, if you are in “immediate and present danger.” Even if the judge does not give you a temporary order, a final hearing will be scheduled within 21 days where you can try to prove the allegations in your petition to get a final order.1 Note: After the abuser is served, s/he has the right to file a motion asking the judge to end (dissolve) or change (modify) the order. You may only be given two days’ notice of this hearing.2

If you need a temporary order when there is no judge available in the District Court or the District Court courthouse is closed, you can file an emergency petition (complaint) with another District Court Judge or Superior Court Justice and get a temporary order that way. However, the law mentions that this is an option if no other arrangement can be made for your protection (shelter).3

Final protection from abuse order - You must attend the final hearing that was set by the court and listed on your temporary protection order.  A protection from abuse order can be issued only after a court hearing in which you and the abuser both have a chance to present evidence or after both parties consent (agree) to the order being issued.  A protection from abuse order usually lasts up to two years.4 However, you may be able to have it extended. See: How do I change, extend, or cancel my protection from abuse order?

1 ME ST T. 19-A §§ 4108(1); 4109(1)
ME ST T. 19-A § 4108(6)
3 ME ST T. 19-A § 4108(4)
4 ME ST T. 19-A § 4110(5)

What protections can I get in a protection from abuse order?

In a temporary, ex parte protection from abuse order, the judge can:

  1. make an order concerning the parental rights and responsibilities relating to the minor children living in the home;
  2. make an order concerning the care, custody, or control of any animal owned or kept by you, the abuser, or a minor child living in the household;
  3. prohibit the abuser from injuring or threatening to injure any such animal;
  4. can order the defendant to not:
    • restrain, threaten, assault, molest, harass, attack you or otherwise disturb your peace;
    • enter your home, including a home you share with the abuser;
    • follow you or be near your home, school, business or place of employment repeatedly and without reasonable cause:
    • take, sell, destroy or damage property in which you may have a legal interest;
    • have any direct or indirect contact with you, including by social media;
    • injure or threaten to injure any animal owned, kept or held by either party or by a minor child living in the household (and the judge can make an order regarding the care/custody of the animal); and/or
    • engage in the unauthorized dissemination of certain private images;
    • destroy, transfer or tamper with your passport or other immigration documents; and
    • have or possess a firearm or other dangerous weapon if the complaint demonstrates:
  • abuse that involves a firearm or other dangerous weapon; or
  • a heightened risk of immediate abuse to you or a minor child. To decide this, the judge must consider whether:
    • the temporary order of protection is not likely to protect you if the abuser can have firearms;
    • the defendant has violated orders of protection;
    • past or present abuse to a victim resulted in injury;
    • the abuse occurred in public; and
    • the abuse includes:
      • threats of suicide or homicide;
      • killing or threatening to kill any animal owned or kept by you, the abuser, or a minor child living in the home;
      • an escalation of violence;
      • stalking behavior or extreme obsession;
      • sexual violence;
      • excessive alcohol or drug use; and
      • abuse against a pregnant victim.1

A final protection from abuse order can do the following:

  1. order the defendant to not:
    • threaten, assault, molest, harass, attack or otherwise abuse you and/or any minor children in the home;
    • have or possess a firearm or dangerous weapon;
    • use, attempt to use, or threaten to use any physical force that would reasonably be expected to cause bodily injury against you or any minor children living in the home;
    • enter your home or premises;
    • repeatedly and without reasonable cause do any of the following:
      • follow you; 
      • be near your home, school, business, or place of employment;
    • stalk you;
    • have any direct or indirect contact with you, including by social media;
    • take, sell, destroy or damage property in which you may have a legal interest – and the judge can order the division of personal property and household goods/furniture;
    • injure or threaten to injure any animal owned, kept or held by either party or by a minor child living in the household (and the judge can make an order regarding the care/custody of the animal);
  2. order the defendant to remove, destroy or return any “private images,” as defined in the unauthorized dissemination of certain private images, and, if necessary, order the defendant to pay any costs associated with removal, destruction or return of the private images;
  3. if you and the defendant jointly own or lease your home, or if one party solely owns or leases the property but s/he has a duty to support the other party or the minor children living in the home, the judge can:
    • give (or restore) possession of the home to one party, excluding the other; or
    • if both parties agree, the party who has a duty to support the other can provide suitable alternate housing;
  4. order the termination of a life insurance policy that is owned by the defendant if you are the person whose life is insured;
  5. award some or all temporary parental rights and responsibilities, or temporary rights of contact with regard to the minor children, or both;
  6. order the defendant to pay temporary support for you and/or your child;
  7. order the defendant to pay you for losses suffered as a direct result of the abuse (i.e., loss of earnings, injury to you, medical bills, damaged property or moving expenses);
  8. grant custody and care of any pets in the household that are owned by you, the defendant, or a child in the home to you;
  9. order the defendant to get counseling or attend a certified batterers’ intervention program;
  10. order the defendant to pay your court costs and/or attorney’s fees;
  11. if the defendant committed sex trafficking or aggravated sex trafficking, order him/her to pay money damages related to the return or restoration of your passport/immigration documents and any debts you have that came from the trafficking relationship (in addition to any other orders that the judge thinks are necessary or appropriate related to the trafficking); and
  12. order anything else you need to stay safe.2

Note: If you file a petition that gets dismissed at a hearing where both parties are present, the judge can order you to pay court costs and/or the defendant’s attorney’s fees if the judge rules that your complaint (petition) is without a legal basis (frivolous).3

1 ME ST T. 19-A § 4108(2), (3)
2 ME ST T. 19-A § 4110(3)
3 ME ST T. 19-A § 4110(3)(R)

Where can I file for a protection from abuse order?

You can file for a protection from abuse order in the district court of any division where you live permanently or temporarily or where the abuser lives.1   However, if you have left the home and want to keep the address where you are temporarily staying confidential, filing in that division would likely not be a good idea since it would alert the abuser to your location.  If you are unsure in which division you live, you may want to contact an attorney who is familiar with Maine laws.  Go to Maine Finding a Lawyer for more information.

1 ME ST T. 19-A § 4104(1)

If the abuser lives in a different state, can I still get an order against him/her?

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

  1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
  2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
  3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

Who is eligible for a protection from abuse order

Who can get a protection from abuse order?

You can file for a protection from abuse order based on acts of abuse done to you or your minor child by a family or household member or dating partner, defined as:

  • your current or former spouse;
  • someone with whom you have a child in common;
  • someone with whom you live or used to live;
  • your current or former sexual partner;
  • someone you are related to by blood or marriage;
  • someone you are currently dating or formerly dated regardless of whether or not you had a sexual relationship.1

An adult or a minor can file for a protection from abuse order against anyone, regardless of the relationship who has committed one of the acts of abuse explained in What is the legal definition of abuse in Maine?2

If you are 60 years of age or older, a dependent adult, or an incapacitated adult, you can also file for a protection from abuse order against an extended family member or an unpaid care provider.3 For more information, see our Protection from Abuse Orders (for the elderly/dependent/incapacitated) page.

If you are not eligible based on the information above, see our Protection from Harassment Orders section to see if you qualify for that order.

1 ME ST T. 19-A § 4102(6)
2 ME ST T. 19-A § 4103(1)(B)
3 ME ST T. 19-A § 4103(3)

Can I get a protection from abuse order against a same-sex partner?

In Maine, you may apply for a protection from abuse order against a current or former same-sex partner as long as the relationship meets the requirements listed in Who can get a protection from abuse order?  You must also be the victim of an act of abuse, which is explained here What is the legal definition of abuse in Maine?

You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.

Can a minor file for an order?

A minor can be eligible for an order but the law states that a “person responsible for the minor” would be the one to file the complaint (petition).1

1 ME ST T. 19-A § 4103(2)

How much does it cost? Do I need a lawyer?

There are no fees for filing for a protection from abuse order.1  You do not need a lawyer to file for one, however, you may wish to have a lawyer, especially if the abuser has a lawyer or if there are complicated issues in your case.  If you can, contact a lawyer to make sure that your legal rights are protected. If you cannot afford a lawyer, you may be able to get free or low-cost legal help on our Maine Finding a Lawyer page.

Domestic violence organizations in your area also should be able to help you through the legal process and may have lawyer referrals. See our Maine Advocates and Shelters page.

If you are going to be in court without a lawyer, our Preparing for Court – By Yourself section may be useful to you.

1 ME ST T. 19- A § 4106(3)

Steps for getting a protection from abuse order

Step 1 - Fill out the necessary forms.

To start your case, you will need to fill out the necessary forms. You can get the forms from the civil clerk at the District Courthouse or you can download them from our Maine Download Court Forms page. If you need to keep your address confidential, you can fill out an affidavit of confidential address form.

On the forms, you will be the “plaintiff” and the abuser will be the “defendant.”  In the box provided for explaining why you want the protection from abuse order, write about incidents of abuse, using specific language, such slapping, hitting, grabbing, threatening, etc., that fits your situation. Include details and dates, if possible. The court may not allow you to testify to any abuse that happened before the dates you list in the order so you may want to list past abuse also so that the court can see a pattern of abuse if it exists. Clerks and magistrates can show you which blanks to fill in, but they cannot help you decide what to write.1

Most domestic violence programs can provide support for you while you fill out these papers and go to court. Go to Maine Advocates and Shelters page for local organizations.

Note: Do not sign the forms until you are in front of the clerk since the complaint likely has to be notarized. 

ME ST T. 19-A § 4106(1)(A)

Step 2 - The judge reviews your complaint and may issue an ex parte temporary PFA order.

The clerk will show your complaint to the judge. The judge might want to question you or ask you to explain the abuse in more detail. If the judge who reads your complaint agrees that there is a “good cause” to grant the order, for example, that you are in immediate and present danger, you can be granted a temporary ex parte order.1 The judge will also set a hearing date for the final PFA hearing. Note: After the abuser is served, s/he has the right to file a motion asking the judge to end (dissolve) or change (modify) the temporary order. You may only be given two days’ notice of this hearing.2

1 ME ST T. 19-A § 4108(1)
2 ME ST T. 19-A § 4108(6)

Step 3 - Service of process

This step will be slightly different, depending on whether or not the judge granted you a temporary order.

If you were granted a temporary PFA order, the clerk will ask a police officer or deputy sheriff to serve the complaint and temporary order and notice of hearing on the defendant.

If the defendant is not in Maine, the Court will send out your complaint and other required paperwork to the appropriate law enforcement agency for service. However, you may want to follow up to make sure it gets served. You can go to our Sheriff Departments page and enter the state where the defendant lives to find contact information for sheriffs offices.

If you were not granted a temporary PFA order, the court clerk will fill out a summons that tells the defendant the date and time that your complaint will be heard by the court. S/he will give you copies of the complaint and summons. Take two copies of each to the police department or sheriff’s office, along with the service information sheet for service on the defendant.1

You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?

1 Pine Tree Legal Assistance

Step 4 - The final hearing

You must go to this hearing if you want to get a final PFA order. If you do not go to the hearing, your temporary order will be dismissed. If the abuser does not show up for the hearing, the judge may still grant you a PFA order or the judge may adjourn the case to another date. Note: If the defendant was not served by the hearing date, you must still go to court at the scheduled time. The judge will postpone the hearing and set a new date. This might happen a few times until the defendant is served.

You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. If the abuser shows up with a lawyer, you can ask the judge for a “continuance” (a later court date) so that you have time to find a lawyer. Go to Maine Finding a Lawyer page under the Places that Help tab at the top of this page.  You may also wish to have a domestic violence advocate accompany you to court for support. To find a program in your area, go to our Maine Advocates and Shelters page.

See the At the Hearing section under the Preparing for Court section for ways you can show the judge that you were abused and for tips on representing yourself in court pro se. You can learn more about the court system, too, in our Preparing for Court – By Yourself section.

After the hearing

What should I do when I leave the courthouse?

Here are some ideas of what you can do:

  • Make several copies of the PFA order as soon as possible.
  • Keep a copy of the order with you at all times.
  • Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them. One week after court, call your local law enforcement offices to make sure they have received copies of the order.
  • Take steps to safety plan, including changing your locks (if permitted by law) and your phone number.

Ongoing safety planning is important after receiving the order.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey protective orders, but some do not.  It is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions. 

Can the abuser have a gun?

Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession.  There are a few places where you can find this information:

  • first, read the questions on this page to see if judges in Maine have to power to remove guns as part of a temporary or final order;
  • second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
  • third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.

You can read more about keeping an abuser from accessing guns on the National Domestic Violence and Firearms Resource Center’s website

What happens when the judge orders the defendant to turn in his/her firearms?

If as part of a temporary or final protection from abuse order, the judge rules that the defendant cannot have a firearm or other dangerous weapon, the judge will direct the defendant to give up his/her firearms within 24 hours or sooner after service of the order. They can be given to law enforcement or to someone else. If the weapons are turned over to someone other than a law enforcement officer, the defendant must file with the court or local law enforcement agency within 24 hours a written statement that contains the name and address of the person holding the weapons and a description of all weapons held by that individual. Later on, the judge can issue a search warrant authorizing a law enforcement officer to take any firearms and other dangerous weapons at any location if there is probable cause to believe that the defendant did not turn in such firearms or dangerous weapons.1

1 ME ST T. 19-A §§ 4108(3); 4110(4)

Can the order be extended or modified?

Extension
A final PFA order lasts for up to two years.1 However, if the order is going to run out and you believe that you need protection, you can file for an extension of the order before the order expires. If you do not file the motion to extend before the old order runs out, you may have to start all over again by filing a new protection from abuse complaint. The judge will hold a hearing that the abuser can attend. In determining whether to extend the order, the judge could consider:

  • the underlying reasons for the original order, including earlier abuse and the history of abuse;
  • conduct that has occurred since the final protection order was issued;
  • the continued effect on you of the abuse; and
  • all other relevant factors.2

The judge can extend an order for as much time as s/he believes is necessary to protect you or your minor child from abuse. It is not limited to two years like the final PFA order is. A final protection order may be extended more than once.2

Modification
Either you or the abuser can file to change (modify) a final order. The judge would hold a hearing to decide if there is “sufficient cause” to do modify it. Judges can modify an order from time to time as circumstances may require.3

1 ME ST T. 19-A § 4110(5)(A)
2 ME ST T. 19-A § 4111(1)
3 ME ST T. 19-A § 4111(2)

What can I do if the abuser violates the order?

Violations of an order can be pursued through the police and/or through filing a contempt petition in court. However, the police can only arrest for certain violations. If any of the following terms of the order are violated, the police can make an arrest and it can be a Class C or D crime:

  • the defendant must leave you alone and have no contact with you;
  • the defendant must not to hurt you or threaten you;
  • the defendant must stay away from your home, school, business or place of employment;
  • the defendant must not to follow you or otherwise stalk you;
  • the defendant must not interfere with your property;
  • the defendant must not to possess a gun or any other dangerous weapon;
  • you are granted possession of the home; or
  • the defendant must provide suitable housing for you.1

If any of the following terms of the order are violated, the police cannot make an arrest; you would have to file a motion in court for civil contempt and the judge can punish the defendant accordingly:

  • the defendant must get counseling or attend a certified batterers’ intervention program;
  • you are granted custody and care of any pets;
  • the division of personal property ordered by the judge;
  • the defendant must not terminate a life insurance policy that is owned by the defendant if you are the person whose life is insured;
  • the defendant must pay temporary support for you and/or your child;
  • the defendant must pay you for loss of earnings, injury to you, medical bills, or property or moving expenses that occurred as a direct result of the abuse;
  • the defendant must pay court costs or attorney fees; or
  • anything else ordered by the judge that is necessary for you to stay safe.2

1 ME ST T. 19-A § 4113(1), (5) 
2 ME ST T. 19-A § 4113(2)

Can I get in trouble if I allow the abuser to violate the order?

You cannot be criminally punished for “allowing” the abuser to violate any provision of the PFA order.1 However, the abuser’s attorney could try to hold this against you in court to prove that you are not, in fact, afraid of the abuser if you allow them to ignore the terms of the order without reporting the violation.

1 ME ST T. 19-A § 4111(3)

I was not granted a protection from abuse order. What are my options?

You may want to get advice from a lawyer as to whether or not you can appeal the decision. However, there are specific grounds for appeal and there is a limited amount of time to file. Generally, appeals are complicated and you will most likely need the help of a lawyer. See our File an Appeal page for basic information on appeals.

You may also be able to reapply for a PFA order if a new incident of abuse occurs after you are denied the order. Also, you may decide to report the abuse to the police to see if they will arrest the defendant if they believe a crime was committed.

If you were not granted a PFA order because your relationship with the abuser does not qualify, you may be able to seek protection through a protection from harassment order

In addition, remember that there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of Maine resources on our Maine Advocates and Shelters page.

What happens if I move?

If you move within Maine, your order will still be valid and good. Additionally, the federal law provides what is called “full faith and credit,” which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands. To read more information about moving out of state, visit our Moving to Another State with a Protection from Abuse Order page.

If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111 x 2) for information on enforcing your order in another state.

 

If I get a protection order, will it show up in an internet search?

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

  • the petition you file;
  • the protection order, restraining order, or injunction that was issued by the court; or
  • the registration of an order in a different state.1

1 18 USC § 2265(d)(3)

Protection from Harassment Orders

Basic information

What is the legal definition of harassment in Maine?

For the purpose of getting a protection from harassment order, Maine law defines “harassment” as:

If you are being harassed by a current or former intimate partner, relative, or spouse, you may be eligible for a protection from abuse order. Please see our Protection from Abuse Orders page for more information.

1 5 M.R.S. § 4651(2)

What kinds of protection from harassment orders are there? How long do they last?

There are three types of protection from harassment orders.

Emergency protection from harassment orders: This type of order could be granted on nights, weekends, or holidays when the court is closed or if there is no judge available in your local district court. You must meet the requirements for getting a temporary protection order, explained below. The order would be in effect until a hearing is held in the appropriate district court.1

Temporary protection from harassment orders: An ex parte temporary order can be granted on the day that you file your petition in court and can last until your final hearing in certain circumstances. It can be granted if it is clear from your complaint and affidavit that:

  • you (or your employees) may be in immediate and present danger of physical abuse or extreme emotional distress as a result of the harasser’s conduct; or
  • your business property is in immediate and present danger of suffering substantial damage as a result of the harasser’s actions.2

In limited circumstances where you are alleging three or more acts of intimidation, confrontation, physical force, or the threat of physical force as the basis of the harassment, you may also have to meet one of two “notice requirements:” 1) that the harasser was already notified by law enforcement to stop the harassing behavior and you have a copy of the notification; or 2) that you filed a “statement of good cause” as to why you didn’t ask law enforcement to issue this notice or why the notice was not issued. However, this “notice requirement” does not apply if the harassment:

Final protection from harassment orders: A final protection from harassment order can be issued in one of two ways:

  1. after a court hearing in which you and the harasser both have a chance to present evidence, testimony, and witnesses and the judge rules in your favor; or
  2. you can get an order without having a trial if the harasser consents to having an order against him/her – this is known as “an order by agreement” or a “consent order.”

Protection from harassment orders can last up to one year. However, you may be able to have it extended.3 For more information, see How can I modify (change) or extend my protection from harassment order?

1 5 M.R.S. § 4654(3)(A), (3)(C)
2 5 M.R.S. § 4654(2)(A)
3 5 M.R.S. § 4655(1), (2)

What protections can I get in a protection from harassment order?

A temporary, emergency, and a final protection from harassment order can give you the following protections:

  • prohibit the harasser from threatening, assaulting, molesting, harassing, attacking, or abusing you or your employees;
  • prohibit the harasser from entering your home or property (but a protection from harassment order cannot be used to evict a tenant);
  • prohibit the harasser from taking, selling, destroying, or damaging your property;
  • prohibit the harasser from following you repeatedly without cause;
  • order the harasser to stay away from the area around your home, school, business, or place of employment (without good cause to be there);
  • prohibit the harasser from having direct or indirect contact with you;
  • prohibit the harasser from engaging in the unauthorized dissemination of certain private images; and
  • prohibit the harasser from destroying, transferring or tampering with your passport or other immigration documents.1

In addition, only a final protection from harassment order can:

  • order the harasser to pay court costs and/or your reasonably attorney’s fees;
  • order the defendant to remove, destroy or return any “private images” (as defined in the unauthorized dissemination of certain private images) and, if necessary, order the defendant to pay any costs associated with removal, destruction or return of the private images;
  • order the harasser to reimburse you for money you lost as a direct result of the harassment. Reimbursement is limited to:
    • loss of earnings or support;
    • reasonable expenses you spent for safety/ protection;
    • reasonable expenses you had for personal injuries or property damage; and
    • reasonable moving expenses; and
  • order the harasser to do anything else the court thinks is necessary and appropriate.2

Note: If you are going to be seeking the money damages described above, you can ask for a hearing where you can prove the amount of damages you suffered. If you choose, you can make a motion to the court to have the case moved to superior court so that you can have a jury trial on the money damages issue. To have a jury trial, you must make a motion before the hearing for the final protection from harassment order.3

However, if the judge finds that your complaint for a protection from harassment order is “frivolous,” s/he can order you to pay the harasser’s court costs and reasonable attorney’s fees.4 Therefore, if you are really unsure as to whether your case qualifies as harassment, you might want to speak to an attorney before filing. You can go to our Maine Finding a Lawyer page for legal referrals.

1 5 M.R.S. §§ 4654(4)4655(1)
2 5 M.R.S. § 4655(1)
3 5 M.R.S. § 4655(1)(D)
4 5 M.R.S. § 4655(1-A)

Under what circumstances would I need to request that law enforcement issue a notice to stop the harassment before applying for an order? 

In limited circumstances, you may need to ask a law enforcement officer to issue a written “notice to stop harassment” against the defendant as a first step before requesting a protection from harassment order.

      You will not need to get law enforcement to issue the notice if the basis of your petition is an allegation of​ any of the following:

      • the harassment is related to an allegation of domestic violence, violence against a dating partner, sexual assault, or stalking;
      • the defendant committed one of the 36 crimes listed in What is the legal definition of harassment in Maine?; or
      • the defendant committed harassment by engaging in a course of conduct with the intent to harass, torment, or threaten another person after having already been notified (in writing or orally) not to engage in such conduct by a law enforcement officer, by a protective order, or by a corrections officer if the person is incarcerated.2

      You may need to get law enforcement to issue the notice if the basis of your petition is an allegation of three or more acts of intimidation, confrontation, physical force, or the threat of physical force directed against any person, family, or business that are made with the intention of causing fear, intimidation or damage to personal property and that do in fact cause fear, intimidation or damage to personal property.1 Additionally, if the notice to stop harassment would be required, you must either:

      1. attach it to your petition for a protection from harassment order; or
      2. file a “statement of good cause” along with your petition, which explains why you did not request such a notice from law enforcement or why law enforcement didn’t issue it, if you requested it.1

      Note: The judge can issue a protection from harassment order even without a notice to stop harassment depending on how severe the situation is.1

      If you are not sure whether or not you would need to request from law enforcement this written notice to stop the harassment in your specific situation, you may want to get advice from a lawyer. Go to our Maine Finding a Lawyer page for legal referrals.

      1 5 M.R.S. § 4653(1)(B)
      2 5 M.R.S. § 4653(1)(B); 17-A M.R.S. § 506-A

      If the abuser lives in a different state, can I still get an order against him/her?

      When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

      There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

      1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
      2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
      3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

      However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

      You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

      Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

      Who is eligible

      Am I eligible for a protection from harassment order?

      If you, your family, your minor child, or your business has been harassed as defined by Maine law, you can file for a protection from harassment order.1 If you are a minor, see Can I file for a protection from harassment order if I am a minor?

      There is no special relationship required between you and the harasser.2 For example, the respondent can be a family member, neighbor, or co-worker. You may file against a minor (under 18) only if that minor is emancipated or if the minor has an adult “representative,” usually a parent or guardian.3

      Note: In limited circumstances, you may need to first ask law enforcement to issue a written notice to stop the harassment before applying for a protection from harassment order.2 See See Under what circumstances would I need to request that law enforcement issue a notice to stop the harassment before applying for an order? for more information. If you are not sure whether or not you would need to seek out this notice in your specific situation, you may want to get advice from a lawyer. Go to our Maine Finding a Lawyer page for legal referrals.

      1 See A Guide to Protection From Abuse & Harassment Cases on the Maine Courts website
      2 See 5 M.R.S. § 4653(1)
      3 See 5 M.R.S. § 4652

      Can a minor file for a protection from harassment order?

      A minor (under 18) cannot file on his/her own (unless s/he is emancipated)– but any adult family member, guardian, or the Department of Health and Human Services can file on behalf of a minor.1

      Note: If you are filing on behalf of a child and you have not witnessed the harassment yourself, the child may likely have to testify in court about the harassment if the case goes to trial.2

      1 5 M.R.S. § 4652
      2 See A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website

      Can I file for a protection from harassment order against a minor?

      You may file a complaint for a protection from harassment order against a minor (under 18) if that minor is emancipated or is represented by a parent or guardian.1 When notifying the minor of the court date and serving him/her with the order, you would have to serve both the minor and his/her parent, guardian, or other representative.2 You can ask the clerk if you have to include the parent’s name on the petition or not.

      1 See A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website
      2 5 M.R.S. § 4652

      Getting the order

      What are the steps involved with obtaining a protection from harassment order?

      The steps for obtaining a protection from harassment order will be similar to the steps for obtaining a protection from abuse order but you will fill out different forms. One major difference, however, is that in limited circumstances, you may have to first get law enforcement to issue a notice to stop the harassment against the harasser.1 See Under what circumstances would I need to request that law enforcement issue a notice to stop the harassment before applying for an order? for more information.

      You must file in the district court of the division where either you or the harasser lives. If you have left your home to avoid harassment, you can file in the division where you used to live or where you live now.2 If you have left home to avoid harassment and want to keep your address confidential, filing in your new division may not be a good idea.

      If your district court judge is not available or the courthouse is closed and you need an temporary order immediately, you can go to any other district court or to a superior court judge.3 The courts of the Passamaquoddy Tribe and Penobscot Nation also hear protection from harassment cases.4

      1 5 M.R.S. § 4653(1)
      2 5 M.R.S. § 4652
      3 5 M.R.S. § 4654(3)
      4 See Pine Tree Legal Assistance’s Protection from Harassment page

      How will the harasser be notified about the protection from harassment order?

      Once you file for a protection from harassment order, the clerk will schedule a date and time for a hearing. In the meantime, you must have the summons and complaint forms “served” on the defendant (your harasser) as well as the temporary (ex parte) protection order if you get one. The hearing cannot be held until the defendant has been served and the temporary order is not valid until the harasser is served with it.

      The clerk will likely forward the papers to the sheriff for service, especially if you get a temporary (ex parte) protection order and the defendant lives in Maine. However, be sure to check with the clerk about this. If the defendant resides outside the state of Maine, you may want to ask the clerk for help in arranging service of the complaint and related forms on the defendant in the state where s/he lives.

      If you have to arrange for service yourself, you would take a copy of the complaint and the original and one copy of the summons to the sheriff’s department, likely in the county where the defendant lives. Ask the clerk which forms you have to bring to the sheriff if you are not sure. We have a list of sheriffs on our Maine Sheriff Departments page.

      The hearing will not be held until the “Return of Service” on the back of the original summons form is filled out and filed with the court to prove that the defendant has been served. If you took the papers to the sheriff for service, you need to get the completed summons back from the sheriff’s office after he is served. The sheriff should fill out the form with details about when and where the sheriff served the defendant. File it in the clerk’s office immediately.

      If the clerk has sent the papers out for service, check with the clerk’s office before the hearing to find out if the sheriff’s office has sent the “Return of Service” (summons) back to the court. If you are still waiting for the forms to be returned on the hearing date, you can explain this to the judge and ask for a new hearing date. This will give you and the sheriff some more time to get the complaint and summons served on the defendant.1

      1 See Pine Tree Legal Assistance’s Protection from Harassment page

      What can I expect when I return to court for the hearing?

      The judge may hold what is called a “case management conference,” which is a meeting between you, your harasser and the judge. If you or the harasser has a lawyer, the lawyers may also attend. This meeting is not a trial and, therefore, witnesses do not attend at this stage. Generally, the purpose of a case management conference is for the judge to see if both parties are willing to settle the case (i.e., the harasser consents to you having a final protection order) and to plan for the trial if the case cannot be settled.

      The judge may also require that you and your harasser try mediation or some other out-of-court process to see if you can settle your issues without a full court hearing.1

      If you and the harasser can agree to the terms of an order, this is called a “consent agreement” and you can get a protection order issued without going to trial. 2 The judge will usually approve whatever terms you both agree upon and make it into a court order.1

      If you cannot agree to the terms of an order, the court will hold a hearing following formal rules of evidence and procedure. At the hearing you must explain to the judge under oath what happened. You will want to describe each event of harassment to the best of your memory, what your harasser did and said, what emotions s/he was displaying, and how you felt and responded. You can also bring witnesses who saw or heard the harassment. The judge will listen to your story and the defendant’s story and make a decision. It is generally best to have a lawyer at a hearing, especially if the harasser has one.

      If the defendant does not show up for the hearing and you have proof that he was served (the “Return of Service” form) some judges will still ask you to tell your story briefly under oath before granting you a final protection from harassment order.1 You might hear this type of one-sided hearing referred to as an “inquest.”

      1 See Pine Tree Legal Assistance’s “Protection from Harassment
      2 5 M.R.S.A. § 4655(1)

      What is the difference between an order granted after a hearing and a consent order?

      The main difference between the two orders is that an order that is granted after a hearing is granted after the judge has heard all of the evidence presented by you and by the harasser and the judge has decided that you were, indeed, harassed. The judge will make what is called a “finding” of harassment. A consent order is issued without a hearing and without any “finding” of wrongdoing by the harasser. The harasser would agree to you having an order against him/her and you would both agree on what terms will be in the order.

      Consent orders can include all the protection that an order issued after a contested hearing would provide. Violation of a consent order can be prosecuted just as a violation of an order issued after hearing would be. However, before giving up the right to a hearing, you should make sure that a consent order has enough protection and other relief since the harasser may try to leave out of the order certain protections that you can get in an order after a hearing.

      Once you both appear in court, the judge may right away ask you and the harasser whether you are willing to consider a protection order by consent or agreement, instead of having a contested hearing. Consent orders are often worked out by the judge speaking to the parties, or through the parties’ lawyers.

      Can I keep my address confidential?

      To keep your address confidential, you would fill out an Affidavit for Confidential Address form that explains why the health or safety of you or your child will be in danger if your personal information is given to the harasser. You can ask the court clerk for the form or get an online form from Pine Tree Legal Assistance. The court may only release this information to the other party or the public if, after a hearing, a judge decides that revealing the information is the fair thing to do.1

      1 5 M.R.S. § 4656

      How much will it cost to file for a protection from harassment order?

      There is a fee to file a complaint for a protection from harassment order unless the harassment case involves an allegation of stalking, sexual assault, or domestic or dating violence – in that case, there would be no fee. If you cannot afford the filing fee and service fee, ask the clerk for a “Motion to Proceed Without Payment of Fees” form, in which you would give financial information about your income.1 You can find forms and information for fee waivers on the Pine Tree Legal Assistance website. The judge would evaluate your financial situation and decide whether s/he believes you can afford the filing fee. Call the clerk of court in your county if you have any questions. Go to our Maine Courthouse Locations page for contact information.

      Note: You may also be responsible for the cost for service on the harasser unless the court has waived the fee. If the judge has waived the fees, the court will pay the service fee – you will not have to pay the sheriff to serve the forms on the harasser. You will want to ask the clerk’s office if they will send the papers to the sheriff’s department for service. If not, you will have to arrange for service yourself and take a copy of the fee waiver order with you to show the sheriff’s office that you should not be billed for the service fee.2

      1 See A Guide to Protection from Abuse and Harassment Cases on the Maine Courts website
      2 See Pine Tree Legal Assistance’s Protection from Harassment page

      Do I need a lawyer to file for a protection from harassment order?

      You do not need a lawyer to file for a protection from harassment order.  However, you may wish to have a lawyer, especially if the harasser has a lawyer or if there are complicated issues in your case.  If you can, contact a lawyer to make sure that your legal rights are protected.

      If you cannot afford a lawyer, you may be able to find free or low-cost legal help on the Maine Finding a Lawyer page.

      If you are going to be in court without a lawyer, our Preparing for Court - By Yourself section may be useful to you.

      After the hearing

      When will my order take effect?

      Your order will be in effect once it is properly served to the harasser - this is the same for a temporary ex parte order as well as a final order. If the harasser comes to the hearing and a final order is issued, s/he should be served with the order by the deputy sheriff at the courthouse. If your harasser does not come to the hearing, s/he will still have to be served with the order by a law enforcement officer before it will take effect.1

      1 See M.R.S. § 4655(6)

      How can I modify (change) or extend my protection from harassment order?

      To change (modify) your final protection from harassment order, you will need to make a motion to the court and the harasser must be notified. The court will have a hearing and may modify the terms of an existing order if circumstances have changed and the judge believes there is a good reason to change the order.1

      Note: Once you get a temporary order, a harasser may ask the court to end (terminate) or change (modify) the temporary order and must only give you two days’ notice before the court date.2 The court may also have the final hearing on the protection from harassment order at the same time it hears the harasser’s request to vacate or modify the temporary order.3

      To extend your protection from harassment order, you will need to file a “Motion to Extend.” The Maine courts website recommends filing your motion 30 days before the expiration date so that there is no gap in protection.3 The judge may extend your order for additional time if a judge believes that is necessary to protect you from harassment.

      1 5 M.R.S. § 4655(2)
      2 5 M.R.S. § 4654(6)
      3 A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website

      What can I do if the harasser violates the order?

      If you believe the harasser has violated the order, you can immediately call the police. If the harasser was served with the protection from harassment order or consent agreement (or was present in court when it was issued against him/her) and violates the order or agreement, the police can immediately arrest him/her.1

      Violation of certain parts of a protective order is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine. In certain cases, a violation may be a Class C felony, or may be contempt of court.2

      If the harasser is ordered to pay you money and hasn’t paid, you may be able to file a petition for contempt. To do so, you will want to go back to the courthouse where the order was issued.3

      1 5 M.R.S. § 4659(2)
      2 A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website
      3 See Pine Tree Legal Assistance’s Protection from Harassment page

      If I get a protection order, will it show up in an internet search?

      According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

      • the petition you file;
      • the protection order, restraining order, or injunction that was issued by the court; or
      • the registration of an order in a different state.1

      1 18 USC § 2265(d)(3)

      Protection from Abuse Orders (for the elderly/dependent/incapacitated)

      What is the legal definition of abuse?

      Under Maine law, a person who is 60 years of age or older, a dependent adult, or an incapacitated adult can file for a protection from abuse against an extended family member or an unpaid care provider.1 Under these circumstances, abuse means that the extended family member or unpaid caregiver did one of the following:

      • caused you injury;
      • unreasonably confined you – for example, tying you to a bed;
      • used intimidation or cruel punishment that caused or is likely to cause you physical harm/pain or mental anguish;
      • financially exploited you by using deception, intimidation, undue influence, force or other unlawful means to get control over your property to benefit the abuser or someone else;
      • sexually abused you or sexually exploited you;
      • deprived you of your essential needs, such as withholding food, medicine, etc.;2
      • attempted to cause or caused bodily injury or offensive physical contact;
      • attempted to cause or caused sexual assault;
      • stalking as defined by law;
      • attempted to place or placed you in fear of bodily injury by threatening, harassing or tormenting;
      • forced you to do things that you have a right not to do;
      • forced you to not do things that you have a right to do;
      • substantially restricted your movements without lawful authority by:
        • removing you from your home, business, or school without consent or lawful authority;
        • moving you a substantial distance; or
        • confining you;
      • threatened a crime of violence that places you in reasonable fear that the crime will be committed;
      • repeatedly and without reasonable cause, followed you or was at or in the vicinity of your home, school, business or place of employment;
      • engaged in the unauthorized dissemination of certain private images; or
      • engaged in aggravated sex trafficking or sex trafficking.3

      A person who is 60 years of age or older, a dependent adult, or an incapacitated adult can also file for a protection from abuse order on behalf of him/herself or his/her minor child against a family or household member or a dating partner, just as any adult can. For more information, see our Protection from Abuse Orders (for domestic violence, stalking, sexual assault, and more) section.

      1 ME ST T. 19-A § 4005(1)
      2 ME ST T. 19-A § 4005(1); ME ST T. 22 § 3472(1), (9-A)
      3 ME ST T. 19-A §§ 4005(1); 4002(1)

      Who is considered a "dependent adult?"

      A “dependent adult” means an adult who has a physical or mental condition that greatly weakens (substantially impairs) the adult’s ability to adequately provide for his/her daily needs. A dependent adult includes, but is not limited to, any of the following:

      • someone who lives in a nursing home;
      • someone who lives in an assisted living facility;
      • someone who is unable to perform self-care because of advanced age or physical or mental disease, disorder, or defect; or
      • someone who, regardless of where s/he lives, is wholly or partially dependent upon one or more other people for care or support, either emotional or physical, because s/he suffers from a significant limitation in mobility, vision, hearing or emotional or mental functioning.1

      1 ME ST T. 22 § 3472(6); ME ST T. 17-A § 555(2)(B)

      Who is considered an "incapacitated adult?"

      An “incapacitated adult” means someone who is impaired by reason of mental illness, mental deficiency, physical illness or disability and therefore, s/he does not have sufficient understanding or capacity to make or communicate responsible decisions to care for himself/herself or manage his/her finances.1

      1 ME ST T. 22 § 3472(10)

      What is the definition of "extended family member" or "unpaid care provider?"

      For the purposes of filing for this type of protection from abuse order, “extended family member” includes, but is not limited to someone who is related to you by:

      • blood;
      • marriage; or
      • adoption.1

      Note: It does not matter if you ever lived with this person or not.1

      Unpaid care provider” includes, but is not limited to, someone who voluntarily provides full-time, part-time or occasional personal care to you in your home similar to the way a family member would provide personal care. This person cannot be paid for his/her services.1

      1 ME ST T. 19-A § 4005(1)

      Who can file the petition?

      The following people can file a petition (complaint) for the protection order on your behalf:

      • you (the adult victim);
      • your legal guardian; or
      • a representative of the department.1

      1 ME ST T 19-A § 4005(1)

      Where can I find more information about protection from abuse orders for the elderly, dependent, and incapacitated?

      For more information, you can go to our Protection from Abuse Orders (for domestic violence, stalking, sexual assault, and more) section. The protections that you can get in an order, the steps to getting an order, and most of the rest of the information in that section will apply to a protection from abuse order that an elderly, dependent, or incapacitated person can get against an extended family member or unpaid caregiver. The main difference between this section and that section is that this section explains in more detail who can qualify for an order, what additional relationships can qualify a person for an order, and what additional acts qualify as abuse.

      Moving to Another State with a Protection from Abuse Order

      General information

      Can I get my protection from abuse order from Maine enforced in another state?

      Federal law does not require you to take any special steps to get your protection from abuse order (PFA) enforced in another state.

      Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid PFA is enforceable regardless of whether it has been registered or filed in the new state.1  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

      1 18 U.S.C. § 2265(d)(2)

       

      How do I know if my protection from abuse order is good under federal law?

      A protection from abuse order is good anywhere in the United States as long as:

      • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
      • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
      • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
        • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

      Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

      1 18 U.S.C. § 2266(5)
      2 18 U.S.C. § 2265(a) & (b)

      I have a temporary protection from abuse order. Can it be enforced in another state?

      A temporary protection from abuse order can be enforced in other states as long as it meets the requirements listed in How do I know if my PFA is good under federal law?1

      Note: The state where you are going generally cannot extend your temporary protection from abuse order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).  However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

      1 18 U.S.C. § 2265(b)(2)

       

      Getting your order of protection enforced in another state

      How do I get my protection from abuse order enforced in another state?

      Federal law does not require you to take any special steps to get your protection from abuse order enforced in another state. However, many states do have laws or regulations (rules) about enforcement of out-of-state orders. These rules differ from state to state, so it is important to find out what the rules are before you try to get your protection from abuse order enforced in another state. Although knowing the state rules can make enforcement easier, a valid protection from abuse order is enforceable regardless of whether it has been registered or filed in the new state.

       

      Do I need anything special to get my protection from abuse order enforced?

      In most states, you will need a certified copy of your protection from abuse order.  A certified copy says that it is a “true and correct” copy; it is signed and initialed by the clerk of court that gave you the order, and usually has some kind of court stamp.

      In Maine, a certified copy has a raised seal. If your copy is not a certified copy, call or go to the court that gave you the order and ask for a certified copy. You can find contact information for courthouses in Maine on our Maine Courthouse Locations page.

       

      Can I get someone to help me through this process? Do I need a lawyer?

      You do not need a lawyer to get your protection from abuse order enforced in another state.

      However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order, and help you through the process if you decide to do so.

      To find a domestic violence advocate or an attorney in the state to which you are moving, go to the Places that Help page and select the appropriate state from the drop-down menu.

      Enforcing temporary custody provisions in another state

      I was granted temporary custody with my PFA order. Can I take my kids out of the state?

      It may depend on the exact wording of the custody provision in your protection from abuse order.  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

      If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance on our Maine Advocates and Shelters page.

      I was granted temporary custody with my PFA order. Will another state enforce the custody order?

      Custody, visitation, and child support provisions that are included in a PFA order can be enforced across state lines. Law enforcement and courts in another state are required by federal law to enforce these provisions.1

      1 18 USC § 2266

      Enforcing Your Out-of-State Order in Maine

      General rules for out-of-state orders in Maine

      Can I get my protection order enforced in Maine? What are the requirements?

      Your protection order can be enforced in Maine as long as:

      • It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
      • The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
      • The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
        • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2

      Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

      1 18 U.S.C. § 2266(5)
      2 18 U.S.C. § 2265(a) & (b)

      Can I have my out-of-state protection order changed, extended or canceled in Maine?

      Generally, only the state that issued your protection order can change, extend, or cancel the order.

      To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a restraining order, see the Restraining Orders page for the state where your order was issued and select the issuing state from the drop-down menu in the upper left-hand corner.

      If your order does expire while you are living in Maine, you may be able to get a new one issued in Maine but this may be difficult to do if no new incidents of abuse have taken place in Maine. To find out more information on how to get a protection from abuse order in Maine, visit our Protection from Abuse Orders (for victims of domestic violence, stalking and sexual assault) page.

      I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody of my children in Maine?

      As long as the child custody provision complies with certain federal laws,1 Maine can enforce a temporary custody order that is a part of a protection order.

      To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here Maine Finding a Lawyer.

      1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

      Registering your out-of-state order in Maine

      How do I register my protection order in Maine? Do I have to register it to get it enforced?

      You can register your out-of-state protection order in the office of the clerk of any District Court or of any Superior Court in Maine. The clerk must treat the order in the same manner as an order that was issued in Maine would be treated.1 Bring a certified copy of the order along with a photocopy of the order.

      You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Maine to ask for help from a local advocate. To find a local domestic violence organization in Maine, please go to our Maine Advocates and Shelters page.

      In terms of whether or not you need to register your order, police officers are required by federal law to enforce your protection order, whether or not it is registered. However, it can sometimes be easier to enforce an order that is registered.

      1 ME ST T. 14 § 8003

      Will the abuser be notified if I register my protection order in Maine?

      Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1  However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.

      However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to.  It is important to continue to safety plan, even if you are no longer in the state where the abuser is living.  We have some safety planning tips to get you started on our Safety Planning page.  You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our Maine Advocates and Shelters page.

      1 18 USC § 2265(d)

      What if I don't register my protection order? Will it be more difficult to have it enforced?

      While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a law enforcement official to determine whether your order is real. So, it could take longer to get your order enforced. If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Maine.

      To see a list of local domestic violence organizations in Maine, go to our Maine Advocates and Shelters page.

      Does it cost anything to register my protection order?

      There is no cost to register your order in Maine.1

      1 ME ST T. 14 § 8006(2)