Domestic violence crimes in the state of Maine can be confusing. This is because domestic violence crimes are really just other crimes, such as assault or battery, when these crimes are committed against certain people.

It may be helpful to view laws that prohibit domestic violence as providing an additional level of legal protection to a certain group of people rather than everyone. This added layer of protection often results in harsher penalties for violations.

Who is covered by domestic violence laws in Maine?

In the State of Maine, our domestic violence laws only apply when a qualifying crime is committed against a person who is a “household member” of the person who committed the crime. Unfortunately, what makes someone a “member of the household” of someone else can be complex, once you look at some of its practical issues.

By simply reading the domestic violence laws in Maine, you will find that the laws provide a list of relationships that make a person a “household member”:

• Current and former spouses or domestic partners;
• People who are currently or formerly living together as spouses;
• People who currently or formerly live together;
• People who are currently or have been sexual partners;
• Parents of the same child;
• Adults related to each other by blood or affinity; Or
• Minor children of an adult who is otherwise a member of the household.

Although these categories cover most possibilities, many complexities and nuances arise when these definitions are applied to individual cases.

Domestic violence laws are problematic in Maine

One of the most common examples of the complexity of Maine’s domestic violence laws is how they treat loved ones. If a crime qualifying as domestic violence is committed by someone against their boyfriend or girlfriend, whether it is considered domestic violence – and, therefore, whether it carries harsher penalties – depends on whether or not the two were sexual partners.

As a pivotal case in Maine showed, this requires the prosecutor to prove that the two men actually had sex with each other. If they were, then their relationship makes them “members of the household,” which allows domestic violence charges to be brought. If they have not had sexual relations with each other, their status as boyfriend or girlfriend does not meet the legal requirements.

Proving, in a courtroom, that two people had intimate sexual relations can be a tricky and incredibly uncomfortable proposition. This often ends in a “he said, she said” scenario that leaves the jury guessing.

Contact Our Maine Domestic Violence Lawyers

This is just one of the problems with Maine’s domestic violence laws. Although they make sense in theory, the way they are applied in practice can lead to uncomfortable situations and embarrassing results.

If you have been charged with domestic violence in the state of Maine, you need an experienced domestic violence defense attorney to ensure that you do not face a particularly harsh sentence. Contact the Maine Criminal Defense Group online or at (207) 571-8146.

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In recent years, convictions for misdemeanor domestic violence crimes in Maine have increased as state prosecutors rigorously pursue cases.

This has led to harsher penalties for violators, making it even more essential to work on a credible defense if you have been wrongly accused of the offense.

By better understanding domestic violence, its penalties, the burden of proof for prosecution, and the possible defenses that can be asserted, you can better prepare for what lies ahead.

What is considered a domestic violence assault in Maine?

In Maine, a domestic violence assault is defined as an assault against another person in the same family or household, meaning the alleged victim and the alleged abuser have a defined relationship.

The two main considerations for this offense are the physical contact (assault) itself and the target of the contact.

Under Maine law, assault occurs when a person intentionally causes harm to another person or, more precisely, “intentionally, knowingly or recklessly causes.”[ing] bodily injury or offensive physical contact with another person.

The contact need not actually cause physical harm to the person. An assault charge may result from grabbing, pushing, shoving, or another type of offensive behavior.

Family or household members are defined by Maine law to include:

• Spouses
• Domestic partners (two single adults who live together in a long-term committed relationship)
• People who live together
• Biological parents of a child
• Minor children
• Anyone who is or has been a sexual partner

If the assault element is satisfied AND the complainant meets the definition of being in the same household or family, domestic violence assault charges can be filed against the accused.

Is domestic violence a misdemeanor or felony in Maine?

Most domestic violence assault cases are prosecuted as misdemeanors in Maine. Most often, the offense is treated as a Class D misdemeanor. However, even though it is a misdemeanor, it can have a significant impact on the future of anyone convicted of the offense.

If the offender has a prior conviction for any of the following offenses within the past 10 years, the charge may be upgraded to a Class C felony in Maine:

• A charge of domestic violence, including stalking, reckless driving, assault or otherwise
• Violation of a protection from abuse order
• Domestic violence offenses or crimes in another state

The penalties associated with felonies are considerably more severe than for misdemeanors.

What are the potential penalties for domestic violence in Maine?

If a person is convicted of a class D misdemeanor in Maine, the following penalties may apply:

• A maximum sentence of one year in prison
• A maximum fine of $2,000
• Up to two years of probation
• The obligation to follow a forty-eight-week educational intervention program for aggressors.

If a person is convicted of a Class C felony in Maine, the following penalties may apply:

• A maximum sentence of five years in prison
• A maximum fine of $5,000
• Up to two years of probation

Probation in domestic violence assault cases will typically require strict supervision and regular monitoring, as well as restrictions placed on alcohol consumption and contact with the victim(s).

The long-term consequences of a criminal record mean offenders can continue to pay the price for many years after serving their sentence – with employment restrictions, travel restrictions, immigration status issues , etc..

What are viable defenses against domestic violence in Maine?

If you are facing a domestic violence charge, the potentially serious consequences mean that one of your first calls should be to a criminal defense attorney. It is best not to tell law enforcement authorities too much before consulting an attorney. Invoke your right to remain silent, even if you think the accusations are false.

An attorney experienced in defending domestic violence and assault charges will carefully review the evidence against you. Depending on the findings and circumstances of your case, one of the following defenses may be applied:

No assault or anyone else did it

Sometimes the alleged perpetrator of an attack is wrongly accused. This can be for many reasons, but your attorney will need to establish a credible alibi (if the victim was in fact assaulted) or prove that an assault never occurred or was carried out by someone else.

If there is no evidence that you were at the scene of the alleged assault or that an assault has already occurred, this may be a strong defense.

It was an accident

If it is accepted that the plaintiff suffered injuries, a viable defense may be that those injuries were caused by an accident rather than intentionally.

To support this, evidence must be provided to support the claim that an accident caused the injuries. Remember, assault does not have to be intentional to result in a conviction, as it is defined as “intentionally, knowingly, or recklessly” injuring another person. Therefore, reckless actions that result in an accident that causes injury can still be classified as assault.

Self defense

Self-defense may be a valid claim if you were protecting yourself or your children at the time of the alleged assault.

If the police report shows that the complainant used violence or you can demonstrate defensive injuries, this may strengthen a claim of self-defense. Otherwise, other supporting documents will be necessary.

Violation of constitutional rights

Your constitutional rights are set in stone in the United States and to obtain a conviction, the prosecution must prove that you committed the crime beyond a reasonable doubt.

Often the police make mistakes during their investigation. If your rights have been violated, considerable doubt may be cast on the evidence against you and the case may be dismissed.

Violations of constitutional rights can occur when police gather evidence, question or interrogate suspects, or if they refuse certain requests, such as a request to speak to an attorney.

How your criminal defense attorney gathers evidence and presents defense arguments will determine whether you will face the harsh penalties for domestic violence assault or whether you will avoid the worst consequences of a conviction.

If you need to defend domestic violence assault charges in Maine, call the Maine Criminal Defense Group at 207-571-8146 for assistance.

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Maine’s domestic violence and stalking laws are currently being updated to address some deficiencies in previous laws and to provide more clarity to both victims and defendants in such cases.

A recent high-profile case in Colorado resulted in an appeal to the Supreme Court in June 2023 and highlighted the difficulties encountered in prosecuting alleged perpetrators of stalking and domestic violence crimes, with emphasis on on criminal harassment that takes place online or without any physical contact. First Amendment free speech rights are strong in the United States, and proving “real threats” can be difficult when trying to secure a conviction.

The new laws are designed to bring greater clarity to Maine’s courts, as well as to the victims of these cases and the defendants charged with these crimes.

Domestic Violence in Maine

Domestic violence is most often used to describe domestic violence in Maine. This can take the form of physical or sexual abuse or verbal and emotional abuse.

The crime has a very broad definition and includes any type of abusive behavior committed by one member of a household against another. This also includes threats to commit violence and even crimes committed against a domestic partner’s pet to control and/or intimidate the alleged victim.

In Maine, family members or those in an intimate relationship – a marriage, a romantic relationship, or even cohabiting members of a household – can be charged with domestic violence. If convicted, penalties typically include probation, a requirement to avoid contact with the victim for a specified period of time, enrollment in a rehabilitation course, and possible eviction from the home.

Stalking Laws in Maine

Maine’s harassment laws are harsh, and even harsher if the person allegedly harassed is someone close to the accused. This crime can lead to a domestic violence stalking charge, rather than standard stalking.

Standard stalking laws prohibit knowingly engaging in “conduct directed at or concerning a specific person that would cause a reasonable person” to:

• Suffering from emotional distress or serious inconvenience
• Fear of being hurt
• Fear for family, close friends, lovers, associates or even pets, or
• Worrying about your property

If a person accused of stalking is in a relationship with the alleged victim, the stalking charge becomes a domestic violence stalking charge. This is a class D felony in Maine, punishable by up to 364 days in prison.

What do the new harassment laws mean?

A large number of alleged stalking cases have not been prosecuted in Maine since the Supreme Court’s decision. Law enforcement has often been unable to arrest suspects, and the district attorney’s office has dismissed many cases because the current stalking law is considered unconstitutional and the likelihood of a conviction is very low. .

New laws proposed in Maine aim to create a constitutionally strong criminal and civil justice system in response to domestic violence. The idea is that crimes can be successfully and constitutionally prosecuted under Maine law rather than in cases ending in dismissal or acquittal.

Representatives from the Maine Attorney General’s Office, the Maine Coalition to End Domestic Violence and the Maine Coalition Against Sexual Assault testified in support of the proposal.

What constitutes a “real threat” in stalking cases?

The nature of a “real threat” was at the heart of the Supreme Court’s decision in Colorado. This is because “real threats” are not protected by First Amendment rights to free speech.

The Colorado court initially relied on an objective test to establish its conviction, one that a reasonable person would interpret the statement in context as a threat.

The Supreme Court ruled that a subjective standard of testing must be used, which requires a prosecutor to demonstrate that the person who made the statement intended to make a threat. This is generally more difficult to achieve. Because this was not shown in the original Colorado case, the appeal was successful and the conviction was overturned, returning to the lower court for a new trial under the new standard.

The decision on the “real threats” standard sounded alarm bells in Maine, prompting the changes mentioned.

Proposed Change to Protection from Abuse Orders in Maine

Another proposed change to Maine’s domestic violence laws is currently in the works. This is a bill that would amend the Protection from Abuse Orders Act, giving courts the ability to set a specific distance a defendant must stay away from the victim.

It is useful to remember here that the majority of sexual assaults are committed by someone known to the victim. Currently, most Maine protection orders only prevent what courts call direct contact, such as a phone call or text message, but do not prevent an alleged attacker from walking near their target, for example.

The bill states that the defendant must knowingly be within that specified distance to avoid circumstances in which the defendant may not be aware that he or she is in proximity to the victim.

A conviction for violating a protection from abuse order carries significant penalties in Maine. This can be classified as a class C felony and punishable by up to five years in prison. However, a common defense for defendants is to claim they did not know they were near the victim.

The proposed change to the law would effectively nullify this defense and bring it into line with several other states that have distancing requirements to protect against abuse orders.

Changes to Maine’s domestic violence laws generally give courts more power to protect alleged victims. It is therefore imperative for anyone accused of a domestic violence offense to hire a criminal lawyer who is aware of the new laws and can provide a strong defense.

For experienced legal help regarding any domestic violence or stalking charges, call the Maine Criminal Defense Group at 207-571-8146 for an initial assessment of the case.

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