Restraining Orders

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

¹ME ST T. 19-A §§ 4011(1), (2), (5); 4007
²ME ST T. 19-A §§ 4011(2); 4007