This article was updated March 6, 2025
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 criminal defense & OUI lawyers, serving Southern Maine, today.
What is 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.
Why do people make false allegations of domestic violence?
False allegations of domestic violence can arise for various reasons, often with serious legal and personal consequences. In Maine, common motives include seeking leverage in divorce or child custody cases, retaliation, emotional instability, attention-seeking, or genuine misunderstandings. Regardless of intent, false claims can damage reputations and lead to severe penalties. A strong legal defense is essential to challenge these accusations and protect your rights.
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.
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.
Seek legal counsel immediately
If you’ve been falsely accused of domestic violence in Maine, securing experienced legal representation is critical. A skilled attorney can protect your rights, navigate the legal process, and develop a strong defense strategy to challenge false claims. Acting quickly can help prevent wrongful convictions and limit potential consequences.
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.
Cease communication with Your accuser
If you’ve been falsely accused of domestic violence, avoid all contact with your accuser. Any interaction can be misinterpreted or used against you in court. If you share a residence, consider staying elsewhere until your attorney advises you on the best course of action to protect your legal rights.
Gather evidence to support your innocence
Building a strong defense starts with gathering evidence that disproves the allegations. Preserve text messages, emails, call logs, social media interactions, and any other communications that contradict the claims. Medical records, surveillance footage, and witness statements can also help demonstrate inconsistencies in the accuser’s story. Providing your attorney with detailed documentation strengthens your case and can be crucial in proving your innocence.
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.
Avoid discussing the case on social media
Refrain from posting about your case on social media, as anything you share can be used against you in court. Even private accounts are not truly secure—friends, followers, or law enforcement may access your posts and provide them to prosecutors or your accuser. Avoid making statements, venting frustrations, or engaging in discussions online, as these can be misinterpreted and harm your defense. Instead, direct all concerns to your attorney to protect your rights.
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.
Why is it important to contact a criminal defense lawyer immediately?
A false domestic violence accusation can quickly lead to criminal charges, restraining orders, and court proceedings. Navigating the legal system is especially challenging if the allegations arise during a divorce or custody dispute. An experienced domestic violence defense lawyer can protect your rights, develop a strong defense, and work toward the best possible outcome in your case. Acting quickly ensures you have the legal guidance needed to challenge the accusations effectively.
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 at The Maine Criminal Defense Group 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 criminal defense & OUI lawyers, serving Southern Maine, today.
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