How do I drop a 2 year pfa in maine
Maine protection from abuse order
Recently on our forum we had a user ask, "Will the protection from abuse order be terminated in Maine after two years?" A protection from abuse order in Maine can be issued against a spouse, ex-spouse, a dating partner, sexual partner or anyone who has stalked or sexually assaulted another person.
What does a protection from abuse do?
A protection from abuse order protects an individual from any type of abuse. Abuse can include any action which causes bodily injury, rape, involuntary sexual intercourse performed while unconscious or by threat of force, sexual assault, aggravated indecent assault (vaginal or anal penetration), incest, false imprisonment, physical or sexual abuse of a child, stalking, harassment or placing another person in reasonable fear of serious bodily harm.
If another person has victimized you and performed any of the actions listed above, you can go to the district court where you live, where the person who abused you resides or where you are currently living to escape the abuser and request an order.
What do you do if someone violates the order?
If you have a protection from abuse order and the defendant has violated the order you should immediately contact the police. The police will not need a warrant to make an arrest. If convicted of violating the order the defendant will be charged with a Class D misdemeanor. Penalties for Class D crimes include one year in jail and a $2,000 fine. If multiple violations occur or the violations are serious the defendant could be charged with a more severe charge and face up to five years in jail and a $5,000 fine.
How long does the protection from abuse order last in Maine?
State laws vary, but if you have a protection from abuse order issued against you in Maine the order will expire after two years. No action is needed on the part of the defendant. If the plaintiff decides they are still in danger, they may have the legal right to extend the order by completing a Motion to Extend. The clerk will set a time and date for the plaintiff’s motion to be heard by the judge.
Can the defendant have the order terminated or modified?
If you have a protection from abuse order issued against you, you also may have the legal right to seek to have the order modified or terminated. To terminate the order you will have to file a written motion and submit it to the court clerk in the appropriate district court.
To win your case and have the order terminated you will need to be able to show a substantial change in circumstances since the protection order was issued. You will be given a date and time for a hearing. The plaintiff will be notified of the hearing date and may also be present and give evidence against your motion.
Prior to your hearing you must decide if you want to hire a lawyer, prepare your testimony, and subpoena witnesses. You also need to gather any new information or evidence which you believe will help prove your case.
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Category: Criminal Law