Maine Domestic Violence Defense Attorney

Domestic violence accusations can have life-altering consequences. These allegations often stem from complex personal situations, and a conviction can lead to significant legal and personal repercussions. If you face accusations of domestic violence in Maine, you need a dedicated and experienced legal advocate by your side. 

David J. Bobrow Office of Law, LLC offers comprehensive defense strategies tailored to each client’s unique situation. With extensive experience as a domestic violence defense attorney across Maine, New Hampshire, and Massachusetts, David has earned recognition among his peers as a dedicated, knowledgeable attorney.

What Is Domestic Violence in Maine?

Under Maine law, domestic violence refers to several things one individual may do to another when the two people have certain types of relationships. Domestic violence may involve someone subjecting someone else to the following:

• Physical violence,
• Sexual coercion or violence,
• Threats, 
• Stalking, or 
• Other forms of mistreatment. 

To fall into the realm of domestic violence, the alleged perpetrator (person who committed the violence) and alleged victim (person targeted by the violence) must have a “domestic” relationship. 

“Domestic” Relationships

Domestic violence laws in Maine apply to individuals who share specific personal relationships, including the following:

• Family members—parents of the same child and individuals related by blood, marriage, or adoption;
• Dating partners—individuals who are or were in a romantic relationship;
• Sexual partners—individuals who are or were in a sexual relationship; and
• Household members—individuals who currently live together or previously lived together.

If the relationship does not fit into one of these categories, the state should not charge you with a domestic violence offense.

Domestic Violence Offenses

Maine law establishes several criminal domestic violence charges, including:

• Assault—causing bodily injury or offensive physical contact (unwanted touching);
• Criminal threatening—placing another person in fear of imminent bodily harm;
• Stalking—following, monitoring, or harassing another person, interfering with their property, or threatening a person and causing them fear or emotional distress;
• Terrorizing—threatening to physically harm another person; and
• Reckless conduct—engaging in actions making it reasonably likely (creating a “substantial risk”) that someone else will be seriously injured, resulting in permanent physical changes or requiring extensive recovery.

Several of these offenses can be aggravated or elevated, which means they are treated as more serious crimes with more severe penalties. Aggravated and elevated offenses often involve circumstances that could lead to severe physical injury or death. 

The Criminal Process

The criminal process for domestic violence cases typically involves the following steps:

• Law enforcement arrests the accused (Maine has a mandatory arrest for domestic violence cases);
• The prosecution (the state’s lawyer) files criminal charges;
• The accused appears before a judge, who reviews the charges and sets bail conditions;
• The prosecution and defense (you and your lawyer) gather evidence and build their cases;
• Attorneys may move to suppress evidence (prevent the state from using evidence it obtained illegally), dismiss charges, or address other legal matters;
• The defense and prosecution may negotiate a plea agreement;
• In the absence of a plea bargain, the case proceeds to trial, where the prosecution presents evidence and legal arguments that you committed the crime, and the defense argues against the prosecution’s case;
• The judge or jury issues a verdict of guilty or not guilty; and
• If the verdict is guilty, the court imposes penalties.

After the judge issues a sentence, you may challenge the outcome by filing an appeal in certain circumstances.

Consequences of Domestic Violence Accusations

Domestic violence accusations can lead to immediate and long-term consequences. The effects of a domestic violence conviction extend beyond the legal system and can impact various aspects of your life.

Penalties

If convicted (you plead guilty or receive a guilty verdict) of one of Maine’s domestic violence offenses, a judge may sentence you to:

• Incarceration between 1 and 30 years;
• Pay a fine of up to $50,000; or
• Probation with specific conditions.

Cases involving minors, adults aged 60 or older, dependent adults, repeat offenses, or a dangerous weapon may result in harsher sentences.

Collateral Consequences

Beyond legal penalties, domestic violence accusations can lead to significant related consequences, including:

• Difficulty finding or maintaining employment;
• Difficulty finding or maintaining housing;
• Loss of custody or parental rights; and
• Losing the right to possess firearms under state and federal laws.

You may also face social stigma following conviction.

Protective Orders

Protective orders are court-issued documents designed to keep individuals safe from others who threaten them. Under Maine law, protective orders may:

• Prohibit communication or physical contact with an alleged victim,
• Require the accused to leave a shared residence,
• Restrict access to firearms or other weapons, and
• Mandate counseling or anger management programs.

Violating a protective order often results in mandatory arrest.

Temporary Protective Orders 

An alleged victim completes the following process to get a temporary protective order (TPO):

• Files documents requesting a protective order with their local court;
• Attends an emergency hearing where a judge reviews the petition; and
• If the judge determines the filer is in immediate danger, the court issues a TPO.

The TPO remains in effect until the court holds a full hearing, usually within 21 days, on whether to make it permanent. 

Long-Term Protective Orders

A court issues a long-term protective order only after a hearing where both parties can present their side. After issuing a TPO, the court schedules a hearing to address whether to issue a long-term order.

At the hearing, the alleged victim presents evidence to prove the order is necessary for their protection, and the alleged perpetrator can respond to those claims and evidence. Based on the evidence, the judge decides whether to issue a long-term protective order.

Long-term protective orders typically last for up to two years. They may include provisions prohibiting contact, restricting the alleged perpetrator’s right to be near the petitioner’s home or workplace, and requiring the alleged perpetrator to surrender firearms. They can be extended for lengthy periods, even as long as 20 years.

No Contact Orders

In cases involving domestic violence criminal charges, the court may issue a no-contact order as part of the criminal process. In Maine, the court typically issues no-contact orders when the government files domestic violence charges, regardless of whether the alleged victim requests one. You may be required to follow the order to qualify for bail, and it typically lasts until the case ends. Sometimes these conditions can be modified by agreement or after hearing.

Defending Against Domestic Violence Charges

A skilled domestic violence defense attorney may have many strategies to defend against the claims, such as:

• Presenting evidence that calls the accuracy or truth of the claims into question;
• Seeking reduced charges or penalties through plea deal negotiations;
• Exposing pieces of evidence that contradict each other or do not make sense; and
• Ensuring law enforcement followed proper procedures and respected your constitutional rights during arrest and investigation.

Each case is unique, and a tailored defense strategy is essential to achieve the best possible case outcome.

Guidance from an Experienced Domestic Violence Lawyer

Our office is committed to providing thorough, effective legal representation for individuals facing domestic violence accusations. With a deep understanding of Maine’s domestic violence laws and extensive trial experience, we work with our clients to build a defense strategy protecting their rights and minimizing harm. Contact us today to speak with a domestic violence lawyer ready to help you navigate the charges against you.

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