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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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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