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Legal Information: Maine

Restraining Orders

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Updated: 
January 30, 2019

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?

Yes.  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)