Restraining Orders

This section defines domestic violence for the purposes of getting a protection from abuse order. Certain forms of abuse will only qualify you for a protection from abuse order if committed by a family or household member or by a dating partner. Other forms of abuse, however, can qualify you for a protection from abuse order even if they were committed by someone who is not a family or household member or dating partner.

Maine law defines “abuse” as 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
• for minors only:
  • sexual exploitation of a minor;
  • dissemination of sexually explicit material
  • harassment by telephone or electronic communication device, but only the acts in paragraphs (1)(A-1) and (1)(A-2), which deal with sending an image or video of a sexual act.¹

Maine law also defines “abuse” as the occurrence of one or more of the following acts committed by someone who is not a family or household member or dating partner:

• attempting to cause or causing sexual assault;
• stalking as defined by law;
• engaging in the unauthorized dissemination of certain private images;
• engaging in aggravated sex trafficking or sex trafficking; and
• for minors only:
  • sexual exploitation of a minor;
  • dissemination of sexually explicit material
  • harassment by telephone or electronic communication device, but only the acts in paragraphs (1)(A-1) and (1)(A-2), which deal with sending an image or video of a sexual act.¹

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.²

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 §§ 4002(1); 4005(1)
² See ME ST T. 19-A § 4005(1)