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Protective orders are usually issued by Maine courts after a Protection from Abuse (PFA) or Protection from Harassment (PFH) hearing at which a civil protection request is made. These orders protect individuals who may be at risk of harm or further threats.
Many people are surprised to learn that while PFAs and PFHs are civil orders, violating them is treated as a criminal offense. These violations can lead to a jury trial, and a conviction may carry serious consequences, including a permanent criminal record and possible jail time.
Let’s look closer at the crime of violating a protection order—and the associated penalties and other consequences that could impact the lives of offenders.
Please note: The Maine Criminal Defense Group ONLY assists those that are accused or criminally charged with violating a protective order in Maine.
Table of Contents
How can a violation of a protective order charge arise in Maine?
Protective orders often arise in cases of alleged domestic abuse or where claims of harassment are made against an individual.
Sometimes, defense lawyers advise their clients before Protection from Abuse hearings that it is best to resolve the civil case by a consent agreement rather than risk a finding of abuse at an open hearing. Such agreements often stipulate that the accused individual does not contact the subject of the abuse for a certain period. Once the judge signs it, the agreement becomes an official court order.
If, during the agreed period, the accused contacts the subject of the protective order—either face-to-face or through digital media—this is in violation of the order. If reported, this simple action can lead to a criminal summons and charges of violating a protective order.
What is the difference between an abuse order and harassment in Maine?
It is important to distinguish between Protection from Abuse (PFA) and Protection from Harassment (PFH) hearings.
The protective orders associated with these hearings are issued in different circumstances. The laws governing them vary depending on whether the case involves abuse or harassment.
Protection from Abuse (PFA) orders
- Typically sought in cases involving family members, spouses, ex-spouses, domestic partners, or current or former dating partners.
- Often relate to situations of domestic violence, sexual assault, or physical abuse within these intimate relationships.
- Usually issued when an individual fears for his/her safety due to actions or threats from another individual.
- Violation is a Class C (felony) or Class D (misdemeanor) offense.
Protection from Harassment (PFH) orders
- Typically, these do not involve family members.
- Generally issued when an individual faces repeated acts of intimidation or threatening behavior from another with whom they do not have an intimate relationship.
- The individual requesting the order must prove that three or more acts of intimidation, confrontation, physical force or property damage have occurred or one significant criminal act has occurred.
- Violation is a Class D (misdemeanor) offense.
The penalties and the legal approach to defending against a violation of a protective order in Maine depends upon the precise nature of the order and should be discussed with a criminal defense attorney well in advance of the hearing.
How can a criminal defense attorney help with a Maine protective order violation charge?
Under Maine Revised Statutes Title 17-A §506‑B, anyone reported to law enforcement for violating a protective order will likely end up before a judge or jury at a Maine criminal court.
However, many protective order violation cases are successfully fought with a strong defense. An experienced criminal defense lawyer will:
- Examine the evidence carefully to check whether the police investigation proceeded lawfully and with respect for your constitutional rights.
- Start building a defense case to challenge the facts of the State’s case and to cast doubt on whether a violation of the protective order actually occurred.
- Represent you in court and potentially negotiate with the District Attorney’s office to reduce or dismiss the charges.
What are the possible consequences for violation of a protective order allegation in Maine?
Often, with an experienced criminal defense attorney advocating on your behalf, the most serious consequences of a protective order violation can be mitigated or avoided. A criminal record and incarceration are not inevitable. The following are several potential outcomes, depending on the specific circumstances:
- Case dismissal: This is typically the best possible outcome in a Maine criminal case, as the State drops the charge and no conviction appears on standard criminal background checks used by employers and others. However, records of the charge may still exist in court or law enforcement databases and could appear in certain background checks unless they are later sealed or otherwise removed.
- Filing agreement: This is another favorable outcome, where the State agrees to set aside the criminal case for a period of time pending the defendant’s good behavior.
- Deferred disposition: This is a negotiated agreement where the defendant enters a guilty plea but the court defers sentencing while the defendant completes specified conditions—such as counseling, treatment, or remaining law-abiding. If the defendant successfully meets all conditions, the charge may be dismissed, reduced to a lesser offense, or the State may recommend a more favorable sentence, depending on the terms of the agreement.
What is the Maine court procedure for a protective order violation charge?
The standard court procedure in Maine for anyone accused of violating a protective order is as follows:
Arraignment
The first court appearance is the arraignment, where the charges are formally read and the defendant may enter a “not guilty” plea. At this stage, criminal defense counsel will often begin negotiating with the prosecution in an effort to resolve the case early. Violation of a protective order is often charged as a misdemeanor (Class D crime).
Dispositional conference
This conference presents another opportunity for your defense lawyer and the District Attorney to negotiate an acceptable resolution—if not, further court dates will be scheduled.
Motion hearing
This is a pretrial hearing, where, if necessary, either party can file “motions” to address evidence issues, e.g., a motion to suppress (exclude) certain evidence from trial.
Docket call
A docket call is an additional court date designed to resolve the matter without going to a trial, which is often the preferred outcome for both the State and the defendant. However, this choice is the constitutional right of the defendant to make.
Jury trial
The final step is trial, where the prosecution relies on police reports, witness testimony, and other evidence to try to prove—beyond a reasonable doubt—that a protective order was violated. Your criminal defense attorney plays a central role at this stage: challenging the State’s evidence, filing and arguing pretrial motions, shaping the legal strategy, selecting the jury, cross-examining witnesses, and presenting evidence and arguments in your defense. After both sides are heard, the jury will return a verdict of guilty or not guilty.
For experienced legal help with any criminal matter, call the Maine Criminal Defense Group or contact us directly online for an initial case evaluation.
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