What some may not realize is that domestic violence is defined broadly and is used to describe any type of abusive behavior that is committed by one member of a household against another.
In Maine, this includes members of a family, an intimate relationship-marriage, dating relationship, etc.-or cohabiting members of a household.
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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What is domestic violence in Maine?
In Maine, 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 Crimes in Maine
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 ME 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 OUI & criminal defense attorneys today.
Penalties for domestic violence 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 crime, 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 restructions 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.
Penalties for Violating a Protection From Abuse Order 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?
Contact our Domestic Violence Defense Lawyers in Maine
If you’re convicted of a crime of Domestic Violence Assault or Domestic Violence Criminal Threatening, you’ll be federally prohibited from ever owning, using or possessing a firearm or ammunition.
That means that you’ll be unable to hunt with a rifle or go to the range for some target practice. Possession of a Firearm by a Prohibited Person is a serious federal offense that is punishable by up to 10 years in federal prison.
If you want to keep your Right to Bear Arms, fight these charges at all costs and NEVER plead guilty to a crime of Domestic Violence. The penalties are draconian, and you’ll never hunt or use firearms again. Contact The Maine Criminal Defense Group directly online or call us at (207) 571-8146 today to see how we can help protect your rights.
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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