What is the legal definition of abuse in Maine?
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)