This article was updated May 24, 2024
Oftentimes what I see in these domestic violence situations is that a husband and wife get in a fight. They love each other — couples fight, things get really heated. And so many times a wife will say to me “I just wanted him to cool down and just leave the house for a while. So I called the police so he could cool down.”
What people don’t realize is when you call the police, they are not there to solve your problem — they’re going to arrest somebody.
Oftentimes there’s not even a real component of violence here, but the spouse makes some misstatements and now you, the client, have been charged with domestic violence, domestic violence assault, domestic violence criminal threatening or terrorizing.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
What constitutes domestic violence in Maine?
In Maine, domestic violence, or domestic violence assault, is defined as assault against someone with whom the accused has a specific relationship.
To understand domestic violence, it’s essential to first understand the definition of assault. Under Title 17-A §207, assault occurs when a person intentionally causes harm to another person. This harm does not necessarily need to result in physical injury; it can also involve offensive physical contact, such as grabbing or pushing.
According to Title 17-A §207A, a person is guilty of domestic violence assault if they violate the assault laws and the victim is a family or household member. Title 19-A, section 4002, subsection 4, defines family or household members to include spouses, domestic partners, cohabitants, biological parents of a child, minor children, and past or present sexual partners. Living together as spouses does not require a formal marriage; domestic partners are defined as two unmarried adults in a long-term, committed relationship.
What to do if falsely accused of domestic violence in Maine
The first thing you need to do is pick up the phone and call The Maine Criminal Defense Group so that we can sit down and come up with a strategy to not only defend against the charges, but get you back in your house, and get you back in contact with your spouse & children.
Don’t Be Confrontational
When falsely accused of domestic violence in Maine, avoid being confrontational. While your instinct may be to deny the accusations vehemently, acting confrontationally can worsen the situation and make you appear more guilty. Stay calm and avoid making any statements to law enforcement without an attorney present. Remember, anything you say can be used against you in court.
Obey Protection From Abuse Orders
If the court issues a Protection from Abuse (PFA) order, it’s crucial to comply fully. This temporary restraining order prevents contact with the alleged victim during and possibly after your trial. Violating a PFA order results in additional criminal charges and weakens your defense. Follow the PFA strictly and avoid any attempts to contact the other party to explain your side. You will have the opportunity to defend yourself in court.
Contact our Domestic Violence Defense Lawyers Now
Chances are, you have been excluded from the marital home, and may be prohibited from having any contact with your spouse or significant other. This can be an incredibly stressful situation for most people. Seek the assistance of a domestic violence defense lawyer that can let you know what your rights are while we defend your freedom to get your life back on track.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled OUI & criminal defense attorneys today.
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