Maine Protection Orders — How to Get One

A protection from abuse order in Maine is a civil court order designed to protect a person from domestic violence, abuse, threats, or harassment by someone with whom they have a qualifying relationship §19-A-4101 et seq..

Spouse or former spouse, natural parent of the petitioner's child, adult household member, person related by blood, or person who has had a sexual relationship with the petitioner within the past 2 years.

A parent, guardian, or other authorized person may typically file on behalf of a minor or incapacitated person.

Ex parte temporary order under §19-A-4108 on good cause shown — immediate and present danger of abuse to the plaintiff or a minor child constitutes good cause — which remains in effect pending the hearing under §19-A-4109; if the hearing is continued the court may make or extend temporary orders, and if a final protection order issues the temporary order remains in effect pending service of the final order; final protection from abuse order after hearing.

Up to 2 years; may be renewed for additional 2-year periods upon motion and hearing.

Orders are filed in: District court; no filing fee for petitioner.

• No-contact and stay-away provisions
• Exclusive possession of a shared residence
• Temporary custody of minor children
• Temporary child support
• Order to attend counseling or intervention programs
• Prohibition on destroying, hiding, or disposing of property
• Any other relief the court deems necessary for the petitioner's safety

Under federal law §18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order — one issued after a hearing with notice and opportunity to participate, that restrains the person from threatening or using force against an intimate partner or child, and that includes either a credible-threat finding or an explicit prohibition on force. Ex parte or temporary orders issued without notice to the respondent generally do not trigger this federal prohibition.

Maine state law: Discretionary: relief may include directing the defendant not to possess a firearm, muzzle-loading firearm, bow, crossbow or other dangerous weapon for the duration of the order; if the court imposes that prohibition, it shall direct the defendant to relinquish all such weapons to a law enforcement officer or other individual within 24 hours after service of the final protection order (or such earlier time as the court specifies), and weapons left with someone other than an officer must be reported to the court or designated agency in writing within 24 hours. A qualifying order issued after notice and hearing that protects an intimate partner separately triggers the firearm possession prohibition of Title 15, section 393, subsection 1, paragraph D, violation of which is a Class C crime §19-A-4110.

Violating a protection order is a criminal offense. Depending on the circumstances and the state, a violation may be charged as a Misdemeanor or a Felony. Law enforcement can arrest a respondent for a violation without a warrant.