Domestic Violence Defense Lawyers in Maine
Defending against domestic violence charges across Southern Maine
Domestic violence laws in Maine cover a broad range of situations, including allegations of abuse between family members, spouses, dating partners, and cohabitants. Even minor disputes can lead to serious criminal charges, potentially affecting your rights, reputation, and future.
At The Maine Criminal Defense Group, our experienced attorneys provide strategic defense for those facing domestic violence accusations. If you’ve been charged, it’s crucial to act quickly to protect your rights. Contact us today for a confidential consultation.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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Domestic violence defined in Maine
In Maine, as per Title 17-A §207-A, domestic violence, encompasses a range of abusive behaviors directed at a “family or household member” or “dating partner.” This includes:
- current or former spouses,
- parents of the same child,
- adult household members,
- minor children, and
- individuals living together or having been in a sexual relationship.
Domestic violence isn’t limited to physical abuse; it also includes sexual, emotional, and verbal abuse. Crimes such as assault, criminal threats, terrorizing, stalking, reckless conduct, and breaches of protection orders fall under this category. Acts of intimidation or control, including harm to pets, are also considered.
If you’re facing accusations, consult an experienced Maine criminal defense attorney at The Maine Criminal Defense Group to safeguard your rights.
Types of domestic violence Offenses in Maine
Understanding the types of domestic violence offenses in Maine is essential for anyone facing charges, as each carries unique legal consequences and defense strategies.
Physical Violence
Physical abuse between two members of a household can include any kind of contact that is carried out with the intention of inflicting bodily harm, intimidating the other, causing pain or offensive physical contact.
This includes instances of hitting, punching, choking, burning, pushing, slapping, etc. Other, less damaging but still serious forms of physical abuse, includes spitting on someone, throwing food or a drink in your partner’s face and/or other humiliating forms of contact that the person would find offensive.
Sexual Violence
Sexual abuse between two domestic partners includes forcing upon the other any unwanted sexual contact.
Even if both parties are spouses and have previously engaged in consensual sex, if one partner is being coerced against their will, this could be considered marital rape.
The scope of this offense includes any intimidating and / or physically forceful behavior used to engage in an unwanted sexual act. Normally, marital rape is charged as a felony as it is Gross Sexual Assault.
Verbal Violence
Verbal abuse normally takes the form of criminal threatening or terrorizing and includes language or behavior where the person is placed in fear that a threat to commit violence will be carried out.
These types of allegations are traditionally the most difficult forms of Domestic Violence to prove, and a good Portland, Maine domestic violence attorney can craft solid defenses in the face of these allegations.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
Penalties for a domestic violence conviction in Maine
If convicted of Domestic Violence, an individual will be put under probation and be required to enroll in a rehabilitative course.
It is also likely that they will be removed from their home and be prohibited from contacting the victim.
In Maine, domestic violence assault occurs when a person intentionally or recklessly causes bodily harm or makes offensive contact with a family or household member, or dating partner. The penalties vary based on the offender’s history.
First Offense
For a first offense, domestic violence assault is classified as a Class D crime, which can lead to up to 364 days in jail, and a $2,000 fine.
Second Offense
If the offender has prior domestic violence convictions, the charge escalates to a Class C felony, carrying a potential sentence of up to five years in prison and a $5,000 fine.
Repeat Offender
Repeat offenses or violations of bail conditions can lead to additional serious consequences and restrictions to firearms or contact restrictions along with the aforementioned, second offense, Class C penalties.
If you’re facing such charges, consulting with an experienced Maine criminal defense attorney is crucial to understanding your legal options.
Other Consequences of a Domestic Violence Conviction in Maine
A domestic violence conviction in Maine can lead to significant, life-altering consequences. Beyond legal penalties, the following collateral impacts can deeply affect your future:
Child Custody Issues
A domestic violence conviction can significantly affect custody arrangements. If you currently share custody or wish to pursue custody, the court will prioritize the child’s safety, potentially hindering your ability to maintain or secure custody.
Firearm Restrictions
Maine law prohibits individuals convicted of domestic violence (whether misdemeanor or felony) from possessing firearms or ammunition. Violating this restriction is considered a federal offense, which could result in severe legal consequences.
Loss of Voting Rights
A felony conviction for domestic violence can strip you of your right to vote, diminishing your voice in future elections and reducing your participation in civic life.
Challenges in Employment and Housing
A conviction, particularly for felony domestic violence, can create barriers to employment and housing. Many employers and landlords conduct background checks, and a criminal record may disqualify you from opportunities.
Long-Term Consequences
The mere existence of a criminal record can haunt you long after serving your sentence. Other collateral consequences might include issues with professional licensing, immigration status, and eligibility for public benefits.
Given these far-reaching impacts, it’s crucial to consult with an experienced defense attorney if you’re facing domestic violence charges. At The Maine Criminal Defense Group, we understand the full scope of these consequences and are committed to protecting your rights and future. Let us help you fight the charges and mitigate the potential impacts on your life.
Penalties for Violating Protection From Abuse Orders in Maine
If the abused party files a protective order, any violation of a protection from abuse order can lead to severe consequences. A Protection from Abuse Order issued by the court prohibits any contact and prevents further abuse.
If an individual violates the no-contact restrictions, they will be charged with a class D misdemeanor offense, which is punishable by up to 364 days in jail and a fine of $2,000.00.
If an individual chooses to violate the PFA again or is charged with another crime of domestic violence, they will be facing a class C felony, and punished accordingly. Under Maine law, a class C felony carries the possibility of up to 5 years in state prison, a fine of $5,000.00 and 3 years of probation.
Have You Been Charged with Domestic Violence in Maine? (Video)
Contact Our Domestic Violence Defense Attorneys
Located in Portland & Kennebunk, Maine
A domestic violence conviction in Maine carries severe consequences, including a lifetime federal ban on firearm possession. This means no hunting, no target shooting, and the risk of up to 10 years in federal prison if caught with a firearm.
At The Maine Criminal Defense Group, we fight to protect your rights and future. With offices in Portland, Kennebunk, and Brunswick, we serve clients across Southern Maine, providing aggressive legal defense against domestic violence charges. Don’t risk your future—contact us online or call us today.
Call 207-571-8146 or contact us online to schedule a consult with one of our highly skilled criminal defense & OUI lawyers, serving Southern Maine, today.
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