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.