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While law enforcement is generally reluctant to get involved in domestic matters in Maine, victims of domestic violence have several legal options available to prevent further abuse.
Protection from abuse orders include emergency protection orders and standard protection orders, which are commonly referred to as restraining orders.
If these types of court orders are violated, a victim or their family can call the police and have the alleged abuser arrested and charged with a crime.
To arrange protection orders at these stressful and upsetting times for families can be a challenge. The process is made much easier with the help of a domestic violence lawyer experienced in such matters.
A Protection from Abuse Order is a court order that can help protect against anyone who has been violent or made threats to you or your children.
In Maine, they can be temporary orders of 21 days or “permanent” orders of two years.
Most commonly, protection orders are issued against:
Plaintiffs, who are classified as the victim, often include spouses, children, family members, roommates, or current or former romantic partners.
The legal system in Maine can act quickly if a child in your care is being abused as these matters are taken extremely seriously. However, the burden of proof remains relatively high.
If you are responsible for the child, you can ask the court to issue an order for you and on behalf of the child that protects you both.
The process begins by preparing the required court forms, either online or by going to the clerk’s office at the district court and asking for the Protection from Abuse (PFA) forms.
Without the assistance of a lawyer experienced in protection orders, the process can be a little challenging.
Seek the assistance of a lawyer at The Maine Criminal Defense Group immediately if a child under your care is being abused.
Threats come in many forms. If the perpetrator has access to dangerous weapons or has already threatened you with a weapon, this is no time to take chances.
The protection order you request from the court can restrict access to any weapon that can cause serious injury or death, including:
When you fill out your Protection from Abuse forms, you are the “plaintiff”. You will need to explain to the judge why the “defendant” should not be allowed access to the dangerous weapon.
You will normally sign an affidavit and file it with the PFA forms, describing the weapon and how it has been used in as much detail as possible.
The forms then need to be notarized. If you are represented by a lawyer from Maine Criminal Defense Group, we will take care of all the paperwork for you.
In making its decision, the court will consider many factors, including the defendant’s past criminal history, the level of threat of the weapon being used, and whether the weapon has been used to cause injury to you or a child in your care.
If the order is granted prohibiting access to weapons, you can call the police if you believe the order has been violated and the defendant can be arrested.
If you are in immediate and present danger, a judge can act quickly to issue a temporary 21-day order (sometimes called an Emergency Protection Order), which protects you from an immediate threat.
You need to indicate the immediate threat on your form and, if the court finds that the alleged conduct conforms with the statutory definition of abuse or harassment, the protection order can be issued right away.
As soon as the order is served on the defendant by the police, it goes into effect and the defendant can be locked out of the home and prevented from contacting certain people mentioned in the court order.
After you have completed your form and filed it with the clerk of the court, it will be presented to a judge as soon as possible if you are requesting a temporary protection order because of an immediate threat.
The judge may request more information, in which case he may deny the order and set it for a hearing, which means no temporary order is in effect.
If no more information is required, the 21-day order can be issued without you needing to appear before a judge until your final hearing.
If the temporary order is denied, the judge must explain the reasons for the denial.
A protection order may be requested for a variety of reasons and can include provisions for the following:
Violation of a protection order is a criminal offence in Maine and the violator may be arrested by police.
Simply contacting the victim over Facebook or by text can result in serious criminal charges that carry life-altering consequences if convicted.
Generally, for the first violation of a protection order, the offence will be treated as a Class D misdemeanor. This can result in a jail sentence of up to 364 days at the local county jail and a fine of $2,000 as well as a term of probation.
For repeat violators or those previously convicted of domestic violence, the case may proceed as a Class C felony charge. This more serious charge can lead to imprisonment of up to five years (in state prison), a term of probation, and a fine of up to $5,000.
In Maine, protection orders and restraining orders are used interchangeably.
The court may consider a protection order / restraining order without the knowledge of the target individual, who will need to present their side of the story at a later court hearing.
The court will schedule a hearing within 21 days from the request to hear testimony and evidence from both parties to the dispute before denying or granting a permanent order that may last two years. A PFA order can have significant consequences when granted, so the representation of an attorney can be invaluable.
It may. If the complaint demonstrates abuse involving a firearm or a weapon or shows a heightened risk of immediate abuse to the victim or a child, the judge may extend that protection.
A protection from abuse order is a civil rather than a criminal remedy. It is, however, a matter of public record. If you have been given a protection from abuse order, it is critical to retain the services of an attorney for this as well as other reasons. A civil restraining order may follow you for the rest of your life and cause you serious problems in all sorts of ways.
Since protections from abuse and protection from harassment orders are civil matters, you cannot obtain court-appointed counsel.
Probably not. The PFA is a court order. Violation of the order can result in criminal action. Read it carefully. Talk to an attorney first.
There are no filing fees for a protection from abuse complaint, however there are costs associated with a harassment complaint unless it involves stalking, sexual assault, or domestic or dating violence.
Whether you need help arranging a protection from abuse order as the plaintiff or challenging one as the defendant, call Maine Criminal Defense Group at (207) 571-8146 or contact us online immediately.
I highly recommend The Maine Criminal Defense Group. All the staff are very polite, compassionate and informative. They answered all my questions and came to the best solution for my situation. I appreciate their guidance through this tough period. Many thanks to Nathan Hitchcock, Bill Bly and the team.
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I have had the honor and privilege of working with Mr. Bly who was extremely knowledgeable and thorough and whose expertise in all legal matters was truly outstanding. Mr. Bly was kind, and helpful every step of the way. I would highly recommend Mr. Bly. There can be no attorney…
I’ve gotten to know William through numerous legal conferences and have been incredibly impressed with how serious he cares about his clients and how he is a true human who wants to take care of your future. I will always refer my clients to his firm whenever I can.
This is THE premier criminal defense firm in Maine! If any family member or friend of mine needed representation in Maine, I would have them call the Maine Criminal Defense Group! Lawyer Bill Bly and his associates are awesome. Plus Bill Bly trained at Gerry Spence’s Trial Lawyers College. That…
Changed My Opinion on Lawyers I called Bill and had a consultation. He listened intently to my case and laid out our pathway. He was straight forward, real and didn't toss me a bunch of crap. I fully expected him to fluff up the case and try to convince me…
THANK YOU FOR THE EXCELLENT WORK DONE ON MY CLIENT'S BEHALF Thank you very much for the excellent work performed on behalf of my client on her Maine criminal case. I appreciate the attentive service, the quality of the work and the reasonableness of your fees. As you know, part…
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5 STARS FOR BILL BLY AND STAFF While on vacation in Maine, I was arrested for OUI. Prior to this happening to me, I had never been in trouble with the law before and was completely overwhelmed and embarrassed by the situation. Coming from a world away in California, I…
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RECOMMEND YOU TO ANYONE I want to thank you for all your help. I was in a bad place when I first came to you. You really helped me through a terrible time. I would definitely recommend you to anyone that needs help. I just wanted to say thank you…
WON'T HESITATE TO REFER YOU Thank you for everything you did for my son. He and I both appreciate the hard work that you put into this case. He has been able to turn his life around now this is behind him. I know that you are paid to do…
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CAN'T THANK YOU ENOUGH Thank you for all your help with my OUI. When we first met I was resigned to the “fact” that I was going to be convicted of an OUI and would lose my military career over it. I must say that I was quite surprised, shocked…
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IN TROUBLE WITH THE LAW? If you ever find yourself caught up in the legal system. The Maine Criminal Defense Group and his staff are the ones you want to have on your side. This man will fight hard for your rights and do everything he can to make your…
I RECOMMEND WILLIAM BLY We're glad we chose Bill for our legal needs. We found Bill to be knowledgeable, clear, and diligent. He actively managed my case and the overall outcome was the best that we could have hoped for. We would recommend Bill to others in a similar situation…
PHENOMENAL LAWYER The Maine Criminal Defense Group is hard working, knowledgeable, and determined when working on cases. He was pleasant and helpful throughout the entire process by answering any and all questions I may have had. His diligent work on my case, personal connections in the court systems, and professionalism…
VERY HELPFUL - THANKS BILL! Bill Bly did a magnificent job collecting evidence and building leverage with the DA's office that allowed us to plead an OUI down to a lesser charge. Not only was he very knowledgeable about Maine law, but he also understood the personalities of both the…
PHD DOCTORAL CANDIDATE, WADE CHARNOCK Mr. Bly is a superb lawyer! He is without a doubt one of the finest criminal defense lawyers in the state of Maine. He handled my son's case with sincerity and professionalism, and the results, "All Charges Dismissed!" If you need a defense attorney, he…
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BOTTOM LINE RESULTS As an attorney it was clear to me that achieving a favorable disposition of an OUI charge with a difficult fact pattern would require specialized representation. Bill quickly proved this instinct correct and his nuanced and detailed understanding of and experience with the intricacies of the arrest…
MR OUT OF STATE OUI I went to Maine on a weekend vacation trip and got a little reckless. I ended up driving the wrong way on a one way street and received an oui. Now I was up against loosing my cdl, my job, and my new home I…
OUI DISMISSED Feeling helpless? Bill is the person you need to contact. Never being on the other side of the law, I contacted Bill in a panic. He sensed this and actually agreed to meet me on a Saturday. Bill was extremely personable and gave me the facts that appeared…
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HAPPY CLIENT I met with Bill back in June of this year for an OUI charge. When I met with Bill, he sat down with me and explained the entire court process and what to expect going forward. He didn't try and "sell me" on hiring him or make promises…
RECOMMENDATION Bill Bly is very professional, does his homework and he is very thorough. And his staff is the same. He and his staff returned all my phone calls and kept us abreast of the progress in our case. I highly recommend him.
THANK YOU MR. BLY Mr. Bly assisted me with a case where I was charged with assaulting my girlfriend and my brother as well as some other people. After reading the police reports, I felt that the case was hopeless. Mr. Bly negotiated and outcome that prevented me from a…
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VERY DEDICATED ATTORNEY Bill was very dedicated to my issue and worked with me to get me the best possible outcome. Bill and his law office kept me well informed on developments on the situation and was very upfront with me, gaining my trust and confidence in his skills helping…
JOB WELL DONE First and for most I'd like to thank you very much for sorting out the snowmobile OUI bs for me. The outcome could not have been more desirable and the process with you couldn't have been better. On a professional note I give an A+ and will…
Thank you for a job well done Attorney Bly handled a sensitive domestic violence charge for me in a VERY favorable fashion. Ultimately, he got the charges thrown out. I'm grateful to him and his staff for all their hard work. Ann is especially helpful and was always available to…
Bly- A True Professional Committed to Client Satisfaction Two years ago I was involved in a high publicity case that involved significant legal implications. This uncharacteristic life event left me overwhelmed by emotional distress and not knowing where to turn next. Through thorough research and high esteem recommendations, I contacted…
WILLIAM BLY WON'T LET YOU DOWN! I will with out hesitation recommend Bill to anyone !!! He fought diligently for a year to ensure me the best results possible and to avoid trial. In the end Bill saved me my career and kept me out of jail. There is really…
THANK YOU FOR ALL OF YOUR EFFORTS! My OUI and criminal speeding charges brought a great deal of stress and hardship to not only myself but my entire family. Having both of the charges against me dismissed was an absolute godsend. Once dropped, it felt as though a dark cloud…
PROFESSIONAL, HONEST, AND QUICK TO REPLY Working with Attorney Bly was a pleasure - given the circumstances. He acknowledged my novelty to the courtroom and was sensitive to my case by guiding me through the process, step by step. Especially when I seemed overwhelmed and confused, anxious and uneasy, Bill…
SUPPORTIVE AND RESOURCEFUL It was an absolute pleasure to work with The Maine Criminal Defense Group. At the eleventh hour, I contacted him for help with a legal matter. What I originally thought would be a quick and easy case, turned into a more challenging matter. Nonetheless, given his knowledge…
HIGHLY RECOMMEND ATTORNEY WILLIAM BLY I am delighted to write this recommendation for Attorney William Bly. Before hiring The Maine Criminal Defense Group to represent me I had worked with another lawyer which resulted in a warrant out for my arrest. Being out of state I had to thoroughly research…
HIGHLY RECOMMEND I found myself searching the internet hoping to find an attorney who I could trust and wouldn't just tell me what I wanted to hear. I was visiting from out of state when I was charged with an OUI as well as a refusal. I contacted Mr. Bly…
THANKS FOR MAKING A DIFFERENCE IN MY SON'S LIFE Bill, Thank you very much for getting back to me. My son and I want to thank you very much for the finalizing of this hard lesson learned in life's journey. I knew from the beginning that not only are you…
SINCEREST GRATITUDE Mrs. Ann, I want to say thank you again to yourself and Bill again for OUTSTANDING work!! Please pass my regards to Bill. With sincere gratitude.
JC Recommends The Maine Criminal Defense Group I am very pleased with the representation I received from The Maine Criminal Defense Group. After having been charged with a very serious crime, his thoughtful and prudent strategy and diligent execution resulted in a better than expected outcome. The original charge was…
TIRELESS AND KNOWLEDGEABLE Bill Bly saved my career in the Navy. He worked on my case for almost six months before he was able to negotiate a positive outcome. His persistence and efforts with the DA were the only things that kept my case from going to trial. He was…
Without a doubt, choose Mr. Bly! When I was charged with an OUI, I felt that everything that I worked for went down the drain. I knew the consequences of an OUI, and it weighed heavy on my conscious. An OUI for a Naval Officer is a career killer. Having…
Given Me the Gift of Time Thank you for everything. You've given me the gift of time and I can't thank you enough for that.
Dismissal of Driving on Suspended - Please read if you are unsure if W. Bly is the right attorney! After looking at reviews online and a brief conversation with Mr. Bly, I decided to retain him. I was charged with Driving on an out of State VA Drivers license. On…
Saved my career and preserved my future! Bill, thank you so much for your excellent legal representation these last few months. You gave me straight and concise answers throughout the entire process and I can't thank you enough for helping me keep my career in the U.S. Navy. Ann Dickey…
DCS Recommends The Maine Criminal Defense Group Two years ago our family began living a nightmare that we could never have imagined possible. Our 18-year-old son was arrested for a serious offense he committed with a "friend." Our family was in a tailspin and we did not know where to…
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