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207-571-8146Domestic Violence FAQ
Many people who have been accused of domestic violence in Maine have important questions about the process but don’t know whether it is worth seeing a lawyer to get answers. Here are some of the most frequently asked questions that we get about the offense and the process.
What is a Crime of Domestic Violence?
Technically, domestic violence isn’t a crime. It’s an element of another offense when that other offense is done to a specific class of people: Notably, “family or household members.” Therefore, the following offenses can become domestic violence offenses…
…When those offenses are allegedly committed against the following people:
- Current or former spouses or domestic partners
- Parents of the same child
- Blood relatives over the age of 18
- People who are, or who were, sexual partners
- People who live together, or who used to live together
- Children living in the same house as the person being accused
Are the Penalties of a Conviction More Severe for a Crime of Domestic Violence?
In many cases, yes. Eligible offenses that are committed against the protected class of “family or household members” can come with heightened penalties, if the charge leads to a conviction. For example, assault is usually treated as a Class D crime, which carries up to 364 days in jail and up to $2,000 in fines for a conviction. However, if an assault is a crime of domestic violence, it becomes a Class C crime – which can carry up to five years in prison and up to $5,000 in fines – if the defendant has a prior offense for a domestic violence crime.
Are There Other Repercussions of a Domestic Violence Crime?
Yes. A conviction for a crime of domestic violence comes with a variety of collateral consequences, including:
- Probation
- Mandatory enrollment in rehab
- Mandatory enrollment in a state-certified batter intervention program
- A high likelihood of a protective order, which can come with prohibitive terms and steep penalties for violating them
- Removal from the home, if the defendant lives with the alleged victim
- Second Amendment restrictions, i.e., no firearms for life
- Child custody complications
A conviction for domestic violence also comes with harsh social stigmatization.
Can a Domestic Violence Charge Impact My Ongoing Divorce?
Yes. Domestic violence allegations are made during divorce proceedings at a disturbingly high level in order to taint the reputation of the other spouse. In some of these cases, the alleged victim might be reporting the same kind of conduct that had happened earlier during the marriage because they are not invested in the relationship’s future any longer. In many cases, though, they are falsely reporting domestic violence or abuse in order to gain an upper hand in an upcoming child custody dispute or to get better alimony terms. Defending these domestic violence accusations is especially important. Proving that they are false prosecutions can make them backfire on your accuser.
Can a Domestic Violence Charge Impact My Child Custody Rights?
Yes, even if the allegations come from or involve someone other than the child. An allegation of domestic violence or abuse from your child’s other parent, for example, can be used against you during a custody hearing even if the victim of the alleged abuse was the other parent, not the child.
Does Maine Use a Mandatory Arrest Law?
Yes, and while it only applies to certain situations, many police departments have policies that require their officers to make an arrest when domestic violence is suspected. Maine’s mandatory arrest law for domestic violence situations is fairly narrow: Arrests only have to be made when the police officer finds probable cause to believe that a protection or restraining order has been violated.
However, this mandatory arrest law serves as the minimum police protocol. Individual police departments are free to create their own policies for how to respond to domestic violence situations. Most departments have elected to use policies that require arrests in a far broader set of circumstances. The general rule in Maine has become that, if a police officer suspects that a crime of domestic violence has happened, someone will be arrested.
What is the Best Way to Respond When the Police Are Called On Me?
If someone has called the police after a domestic altercation with you, the worst thing that you can do is get more confrontational. The calmer you are and the less you fight – physically or verbally – when the police arrive, the better your case will be when it comes time to figure out what really happened.
Importantly, it is also best to say nothing to the police when they arrive, even if your accuser gets to tell their side of the story without your input. Odds are that your side of the story is not going to change the minds of the responding officers or change how they handle the situation. All that talking will do is provide police with more evidence against you.
What’s the Difference Between a Protection Order and a Restraining Order?
There is none. A Protection Order – also called a Protection from Abuse Order – is just what the state of Maine calls a court order that requires one person to stay away from someone else. In other states, this is called a restraining order.
What are the Consequences of Violating a Protection Order?
Violating the terms of a Protection Order is a criminal offense. First-time offenses are Class D misdemeanors and can come with up to 364 days in jail and up to $2,000 in fines. Second-time offenses are Class C felonies that come with up to five years in jail, three years of probation, and $5,000 in fines if they lead to a conviction.
What If the Protection Order Was Violated After the Accuser Initiated the Contact?
It doesn’t matter that the person who is protected by the Protection Order initiated the contact, all that matters is that the subject of the Protection Order violated the Order’s terms. This is often incredibly harsh, especially when accusers coerce the subject of their own Protection Order into violating it. It is important to remember that only the court can end a Protection Order or alter its terms. The accusers who are protected by the Order cannot do that on their own, no matter what they might tell you.
If you are being contacted by the person who has gotten a Protection Order against you, you need to stop the contact immediately. Consider talking to a domestic violence lawyer if you have clear evidence that they initiated the contact and that you immediately put a stop to it: Reporting the incident with the help of an attorney might be beneficial.
How Can a Domestic Violence Conviction Impact My Gun Ownership?
A conviction for assault or criminal threatening that involves an element of domestic violence in Maine will trigger a federal law that forbids you from owning, using, or possessing a firearm or ammunition, ever again. Violating this law is a federal offense. A conviction for possession of a firearm by a prohibited person can lead to up to a decade in federal prison.
How Can I Defend Against a Charge of Domestic Violence?
Just like any other crime, there are numerous legal defenses that can be raised. Many domestic violence circumstances come down to conflicting narratives between the accuser and the accused. Each side has their own side of the story, with important differences in what happened. Poking holes in your accuser’s story is one of the most common ways to defend against an allegation of domestic violence because it shows a lack of credibility in the accusation. In some cases, inconsistencies in the allegations can grow into the defense of false prosecution, which claims that the entire case against you is all an attempt to use the justice system for ulterior motives, like gaining the upper hand in a custody dispute or divorce.
Each case is different, though. What could work in one case would not be feasible in another. Talking to a domestic violence lawyer about your circumstances is the best way to invoke your rights and protect your interests.
Does Hiring a Domestic Violence Lawyer Suggest That I’m Guilty?
Absolutely not. It shows that you care about your future and that you are going to vigorously challenge the allegations that have been made against you. Anyone who says that hiring a lawyer insinuates guilt has never been accused of a crime and does not understand the feeling of being wrongly accused of something that you did not do.
Contact the Attorneys Maine’s Top Domestic Violence Defense Law Firm
If you have been accused of a crime of domestic violence in Maine, hiring a domestic violence defense lawyer quickly can be the wisest move you can make. Getting a lawyer involved quickly is even more important in domestic violence cases than other criminal issues because of how quickly Protection Orders get filed, and how drastically those Orders can impact your life.
Reach out to the lawyers by calling them at (207) 571-8146 or by contacting them online.
David W.
Changed My Opinion on Lawyers I called Bill and had a free 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…
Robert H.
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…
Ryan M.
THANK YOU ATTORNEY BLY! I WOULD TRUST ATTY BLY W/ MY LIFE ... IN FACT, I DID! There is very little in this world that scares me more than the jail cell bars being locked and knowing that I am trapped behind bars in prison. However, after a "Hit &…
Andrew S.
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…
Aaron O.
PITBULL If you are looking for the best DUI lawyer around its Bill Bly!! A++ service and he turned a .20 DUI into vanishing air. Thanks again Bill!! You are the man!! Thanks for fighting for my rights!!
Sam T.
HIRE BILL BLY! YOU WON'T REGRET IT. My experience working with Mr. Bly has been a great experience. Never having to wait for an answer is HUGE when dealing with difficult situations. Gets back within the day if not within the hour. I would highly recommend this law firm. Give…
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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…
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Robert N.
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…
Manuel G.
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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…
Alison R.
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…
Jerry E.
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…
Wade C.
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Michael S.
I VERY MUCH RECOMMEND MR. BLY I was lucky to have contacted Mr. Bly in a matter that unfairly could have changed my life. He was very open, concerned, and committed to helping me. He answered every call promptly, never lost interest in my case, and went out of his…
Amanda F.
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…
John S.
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…
Thomas F.
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…
Emma W.
Definitely Recommend My fiancé and I were visiting Kennebunk over the summer when I was stopped and arrested for OUI. I couldn't believe that this was happening. Once I got over the shock and humiliation of the arrest, my fiancé and I began searching for an attorney in southern Maine.…
Frank S.
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…
Terry L.
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Max C.
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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Trent Q.
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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…
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Ava L.
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…
Ned B.
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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…
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Betty C.
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…
Rosalinda E.
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…
Jason S.
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…
Erica L.
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…
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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.
James C.
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…
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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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