How To Get A Restraining Order In Maine

In Maine, a restraining order, legally known as a protection order, is a court-issued directive restricting one person's contact with another to prevent harm, abuse, or harassment. The Maine District Court grants these orders under specific statutes, such as ME Rev Stat Title 19-A §4101 to §4116 for abuse and ME Rev Stat Title 5 §4651 to §4661 for harassment, when there is evidence of threats, violence, stalking, or repeated intimidation.

These orders may be temporary or long-term and are intended to safeguard individuals in unsafe or high-risk situations. Once granted, the order is filed in Maine civil court records, where it becomes part of the official case history and is accessible to the public. Violations of protection orders in Maine are classified as a Class D or Class C crime, depending on the specific terms of the order (ME Rev Stat Title 19-A §4113 and Title 5 §4659). Class D crimes are punishable by a maximum of 364 days' incarceration and a $2,000 fine, while Class C crimes are punishable by a maximum of 5 years' incarceration and a $5,000 fine. 

Types Of Restraining Orders in Maine

Below are the types of protection orders available under Maine law, depending on the sort of behavior and the nature of the relationship:

• Protection from Abuse (PFA) Order: The purpose of the PFA Order is to shield people from abuse by intimate partners, family members, or romantic partners. It addresses threats, stalking, sexual assault, and physical violence.
• Protection from Harassment (PFH) Order: A PFH  Order is granted when a person experiences severe and persistent harassment from a person they do not have a close personal relationship with, such as a stranger, coworker, or neighbor.
• Temporary Protection Order (TPO): The judge issues this order when there is proof that there is an immediate and present danger of abuse to the plaintiff or a minor child.

Are Restraining Orders Public Record In Maine?

Yes, restraining orders in Maine are generally public records and can be accessed by employers, landlords, or the general public through the court or online systems. However, if revealing particular information might compromise someone's safety or privacy, the court may erase or seal it. Examples of such information include addresses. These exceptions are given on an individual basis and require a court order.

How To Look Up Restraining Orders In Maine

Records of restraining orders in Maine are accessible to individuals through the following methods:

• Online through the re:SearchMaine portal
• By mailing or emailing the required form to the courthouse 
• In person at the court where the protection order is issued 

Can You Look Up a Restraining Order Online?

Yes. In Maine, a person can look up restraining order information online, but access is limited. The public can use the state's re:SearchMaine portal to view basic case details like the docket number and court actions. However, full documents such as the actual order or petition are only available to people directly involved in the case.

There is no statewide system where anyone can search for restraining orders by name. To get full access online, involved parties must submit a notarized form (MJB Form OTH-014) to the court. Law enforcement also keeps records of protection orders served, but those are not available to the public. Protected individuals can contact the police to confirm their order is on file.

In general, online access to restraining orders in Maine is limited to protect privacy, and detailed information is only shared with those directly connected to the case.

How To File A Restraining Order In Maine

Maine offers a "Guide to Protection from Abuse or Harassment," which outlines the process for filing a protection order. The steps for filing these orders are as follows:

• Step 1: Identify the Type, Method, & Complete Forms

Based on their situation, applicants must determine whether they want Protection from Abuse (PFA) or Protection from Harassment (PFH). Afterwards, they must decide whether to submit their request in person, by mail,  or by email. In-person and mail applicants must complete the Complaint for Protection from Abuse or Harassment Form. Email applicants must complete the Certification for Electronic Filing of Complaint for Protection Order.

• Step 2: Sign and File the Appropriate Form with the Court

Eligible applicants must sign the completed forms before a notary, attorney, or court clerk and file them by mail, email, or in person at the District Court where the plaintiff or the defendant lives. In protection-from-abuse or harassment cases, the court will not charge the plaintiff filing fees. For a protection order from abuse, the court will schedule a hearing within 21 days after the filing date, but harassment cases can take longer. 

• Step 3: Request a Temporary Order (if needed)

After filing the appropriate form, the judge will review the complaint immediately. If the judge believes there is an immediate and present danger of abuse to the plaintiff or a minor child, the judge may grant a temporary protection order. The order can include some or all of the relief the applicant has asked for in the abuse or harassment complaint. 

• Step 4: Serve the Defendant

A law enforcement officer will serve the summons, harassment/abuse complaint, temporary protection orders, and any additional forms on the defendant before the hearing. The officer must note the date and time the defendant was served. This is called "proof of service." 

• Step 5: Attend the Hearing

Both parties must attend the final hearing. They must come to court prepared to present evidence, testify, and, if necessary, call witnesses at the hearing. If the plaintiff wins the case, the judge will grant an order for protection from abuse or harassment. Anyone dissatisfied with the final protection from abuse or harassment order can file an appeal with the Maine Supreme Judicial Court (also called the Law Court). The appealing party must file Notice of Appeal (CV-CR-162) and Transcript and Audio Order Form (CV-CR-165) with the District Court that issued the order within 21 days after the order was entered. There is a filing fee for filing appeals at the Maine Supreme Judicial Court, but the plaintiff may be excluded from paying the fee under certain circumstances. The fee can also be waived if the appealing party cannot pay. 

Can You File A Restraining Order For No Reason In Maine?

No. In Maine, a protective order cannot be filed arbitrarily. A court can only grant a protective order if there is "reasonable proof of abuse" or harassment. The petitioner must present specific facts or proof that support the need for protection.

What Proof Do You Need For A Restraining Order In Maine?

In Maine, the petitioner must present proof that abuse or harassment has occurred and that protection is required to receive a protection order. The judge must be persuaded that the abuse or harassment occurred more often than not, so the court can apply the "preponderance of the evidence" criterion. The following kinds of evidence may support a petition:

• Police reports that detail events or reactions
• Threatening or harassing texts, emails, or posts on social media
• Medical documents attesting to injuries or associated care
• Images of people hurt, property destruction, or menacing messages
• Statements from witnesses or affidavits from those who heard or observed the abuse
• The respondent's written threats or notes

How Long Does It Take To Get A Restraining Order In Maine?

An individual may be given a temporary protection order the same day they file it, particularly if there is an imminent threat. Then, often within 21 days or more, the court sets a full hearing so both parties can show up and provide evidence.

How Long Does A Restraining Order Last In Maine?

The temporary protection order for abuse typically lasts 21 days, while harassment can last more than 21 days. In Maine, an initial final protection from abuse order lasts up to two years. In contrast, an initial final protection from harassment order can last up to one year. The judge or parties can order or agree to a shorter or longer period. A plaintiff who wants to extend a protection order can file a Motion to Extend Order for Protection (PA-013) Form with the relevant District Court Clerk. The form must be submitted 30 days before the expiration date of the order. 

How Much Does A Restraining Order Cost in Maine?

In Maine, petitioners seeking protection orders are generally not required to pay fees. In cases involving abuse or harassment, the law waives filing and service costs to ensure victims can access the court without financial barriers. 

Can You Cancel A Restraining Order In Maine?

Yes. Eligible individuals who want to cancel a temporary protection order must file a Motion to Dissolve Temporary Order for Protection Form with the relevant court. There is no filing fee for the form. When a defendant is making a request to dissolve a temporary protection order, they must give the plaintiff 48 hours' advance notice of the hearing. Those who want to cancel the final protection order before its expiration date must file a Post-Judgment Motion to Modify/Motion to Terminate Protection Order Form (PA022) with the appropriate District Court Clerk. A copy of this form must be sent to the other party. The clerk will give a hearing date and time and arrange for mail or law enforcement service.