A Brunswick domestic violence lawyer can explain how the parts of a domestic violence case fit together. There is the criminal case, arraigned in West Bath and then heard in Portland, and there may also be a protection from abuse petition in the District Court in West Bath.
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An assault or threat becomes a domestic violence charge when the other person is a family or household member or a dating partner.
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Bail conditions in these cases can include no contact and no return to the home. They apply as soon as they are signed.
A protection from abuse petition is a separate civil case in the District Court. It can be filed while the criminal case is pending.
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Brunswick cases are brought by the State through the Cumberland County District Attorney. The person who called the police cannot drop the case. Only the prosecutor or the court can dismiss it.
Alleged threats against a family or household member or dating partner and the threatened conduct is imminent.
Alleged threats made in person, by text or online where the threat is not imminent.
New charges based on alleged contact.
The charge is printed on your bail paper or summons. You can note it in the form, and we will go over it with you.
Protection from abuse
Brunswick, Freeport and Harpswell cases start in West Bath for arraignment and are then transferred to the Cumberland County courthouse in Portland for the rest of the case. If you need a domestic violence lawyer near Topsham, Maine, or a DV lawyer in Bath, Maine, our Brunswick office is nearby.
We are at 14 Maine Street, Suite 212, in the Fort Andross building in Brunswick.
Fill in the form or call 207-571-8146. We will set up a consultation and look over your bail paper and any PFA papers with you.
Officers respond, take statements and decide whether to make an arrest.
Conditions are set and apply right away.
A temporary order can come first, followed by a hearing.
The court explains the charge and your rights. For a misdemeanor, a plea of not guilty is usually entered.
The case then continues in Portland, where the prosecutor and the defense meet to discuss it.
If the case is not resolved, it can go to a motions hearing and if necessary, a trial.
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Founder and Managing Attorney William T. Bly is a seasoned trial lawyer with two decades of experience defending clients in Maine state and federal courts against charges ranging from OUI and drug trafficking to manslaughter and serious sexual assault, drawing on advanced training from Gerry Spence’s Trial Lawyers College.
With nearly 25 years of experience as a former Maine Assistant District Attorney, seasoned trial attorney, and winning appellate advocate before the Maine Supreme Judicial Court, Attorney Feldman now brings rigorous preparation, an educator’s clarity, and nonjudgmental compassion to his criminal defense clients.
Brunswick, Freeport and Harpswell cases start in West Bath for arraignment and are then transferred to the Cumberland County courthouse in Portland for the rest of the case. A protection from abuse hearing for Brunswick is held at the District Court in West Bath, 101 New Meadows Road.
Conditions are set on a case by case basis. In domestic violence cases they can include no contact with the other person, no return to the home, no firearms and no alcohol, and they apply as soon as they are signed. We can go over bail conditions for domestic violence in Brunswick, Maine during a consultation.
It depends on the bail conditions. If they bar contact with someone who lives there, or bar return to the home, going home would be a violation, which is a separate crime. The court can review conditions upon a motion submitted by the attorney. A Brunswick domestic violence defense lawyer can explain how that process works.
A protection from abuse case is decided at a hearing where both sides can present evidence, and the person asking for the order has to prove the allegations. A protection from abuse hearing for a Brunswick, Maine case is held in West Bath, and what is said there can matter in a related criminal case.
No. The State brings the case, not the person who called the police. That person can tell the prosecutor what they want, but only the prosecutor or the court can dismiss a charge. A Cumberland County domestic violence attorney can explain how that works in your case.
The prosecutor or the court can dismiss a charge, but whether that happens depends on the facts and the evidence, and no lawyer can promise it. Cases end in different ways, including dismissal, a reduced charge, a plea or a trial. A consultation with our Brunswick office is a place to start.
Our Brunswick office on Maine Street lets you meet close to home, whether the case is in West Bath or Portland and whether a PFA hearing is set. As a Brunswick domestic violence lawyer team and Brunswick, Maine domestic violence defense attorney team, we focus on criminal defense. Call 207-571-8146 or fill in the form. Call 207-571-8146.
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