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A Maine domestic violence attorney can explain the two things that often come with a domestic violence charge: a criminal case in the county court and, sometimes, a protection from abuse petition filed by the victim. Both can move at the same time, and each has its own hearing and set of rules governing the proceedings.
A former Maine Assistant District Attorney on our team
Felony defense in all 16 Maine counties
Offices in Kennebunk, Brunswick and Portland
Confidential. Reviewed by an attorney, not an intake service.
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An assault or threat becomes a domestic violence charge when the other person is a family, a household member or a dating partner. Even if the parties are no longer dating, it qualifies as domestic violence.
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Bail conditions in these cases can include no contact with the alleged victim and no return home. They apply as soon as they are signed.
A protection from abuse petition is a separate civil case. It can be filed while the criminal case is pending.
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The case is brought by the State. People searching how to drop domestic violence charges in Maine find that the person who called the police cannot drop it. Only the prosecutor or the court can dismiss it.
New charges based on alleged contact, including violating a protection from abuse order in Maine.
We handle felony cases in all 16 Maine counties, and misdemeanor cases in Androscoggin, Cumberland, Franklin, Kennebec, Knox, Lincoln, Oxford, Sagadahoc and York counties. Our Maine criminal defense lawyers can tell you which courthouse has your case. Federal cases are heard in the U.S. District Court for the District of Maine, in Portland and Bangor. Attorney William T. Bly is admitted to that court, so a Maine federal defense attorney or Maine federal defense lawyer on our team can take your call.
Kennebunk office
Brunswick office
Portland office
Kennebunk is on Main Street, Brunswick is on Maine Street at Fort Andross, and Portland is in the Old Port. All meetings are by appointment.
Fill in the form or call 207-571-8146 with questions for our domestic assault lawyers in Maine. We will set up a consultation and go 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 in full force and effect right away.
A temporary order can come first, followed by a final hearing where the merits of the case will be decided.
The court explains the charge and your rights. For a misdemeanor, a plea is usually entered. For a felony charge, no plea is taken. Brunswick cases have this step in West Bath.
The prosecutor and the defense meet to discuss the case. Brunswick cases continue in Portland after arraignment.
If the case is not resolved, it can go to motions and then trial.
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.
A first domestic violence assault, threatening, terrorizing or stalking charge is usually Class D, which is not felony-level. With certain prior convictions, the same charge can become Class C, a felony-level crime with up to 5 years. Aggravated assault is Class B or Class A regardless of prior history.
It is terrorizing committed against a family or household member or dating partner. Terrorizing means communicating a threat to commit a crime of violence dangerous to human life, where the natural result is reasonable fear. It is a Class D crime, or Class C with certain prior domestic violence or protection order convictions.
Maine’s bail code lists conditions a court or bail commissioner may impose, including no contact with the alleged victim or household members, no firearms or other dangerous weapons, no alcohol or drugs, searches, a curfew and electronic monitoring. For certain domestic violence offenses, a bail commissioner cannot set bail at all, and a judge decides.
“Restraining order” is a common term. Maine uses two main orders. A protection from abuse order generally covers abuse by a family or household member, dating partner or relative. A protection from harassment order is available to any harassment victim, regardless of relationship, and in some instances may require a prior police notice to stop.
Violating a protection from abuse order the person knew about is a Class D crime. It becomes Class C if, while a final order is in place, the person assaults the protected person or recklessly creates a substantial risk of death or serious injury, or has 2 or more prior convictions for violating a protection order.
It depends on the outcome. During the case, bail conditions or a protection order can bar firearms. After a misdemeanor-level conviction for certain domestic crimes, Maine law bars possession until 5 years after the sentence ends, if there are no new convictions. A felony-level conviction brings a longer Maine ban, and federal law may also apply which would supersede Maine’s law
We have offices in Kennebunk, Brunswick and Portland, and we focus on criminal defense. People comparing domestic assault lawyers in Maine, or looking for a domestic violence defense attorney before a first court date or a PFA hearing, can call 207-571-8146 or fill in the form. A domestic violence attorney on our team can explain the process before you decide anything.
We are a boutique law firm, and we stand out by prioritizing our clients’ well-being. At The Maine Legal Group, our experienced team offers personalized attention in both criminal defense and divorce cases.
The Maine Criminal Defense Group adeptly handles all areas of criminal defense practice, including experienced and skilled legal representation for state and federal charges.
The Maine Divorce Group empowers individuals skillfully navigating divorce with compassionate guidance, ensuring a brighter future through the challenges of the process.
