When a person in Maine fears physical, mental, or emotional harm, stalking, or threats of violence from another person, they may ask the court for a Protection from Abuse Order. Parents can also request these orders on behalf of their children. While Protection Orders (sometimes incorrectly called “peace bonds”) are designed to help those being abused, they are frequently misused by vengeful ex-spouses, romantic partners, or even family members, who file them with false information in order to gain a legal advantage over another party. For example, mothers who wish to prevent their children’s father from having parent-child visitation have been known to request a Protection from Abuse Order using false claims of abuse. These orders are most often granted “ex parte” meaning that the other side has obtained a temporary order without you having had a chance to explain your side of the story.
If a Protection Order has been issued against you, you must follow it carefully to avoid any potential consequences. While you may feel helpless, you have legal options available that will allow you to fight back and protect your reputation, your job, and your family. These matters are often interwoven with other criminal or family law matters. Our lawyers understand that these situations can be complicated and that they are often far from clear-cut. We are ready to listen, thoroughly review the facts of your case, and determine the best available legal recourse to protect you from either abuse or abuse of the process.
When a person experiences domestic violence from a current or past romantic partner, family member, or household member, they can apply for a Protection from Abuse Order (PFA). These orders are granted by a judge. If the alleged abuser violates the terms of the Protection from Abuse Order, they may be charged with the crime of Violation of a Protective Order. The terms of a Protection from Abuse Order can vary based on the circumstances of the case but may include prohibiting the alleged abuser from contacting the victim, either directly or indirectly. Orders commonly prevent the alleged abuser from going near the victim’s home and place of work. Often the accused abuser is removed from their own home! A Protection from Abuse Order also often prevents the person accused of abuse from possessing a firearm. Military personnel, police officers, and, public safety personnel are likely to be fired as a result of having a PFA placed against them.
If a Protection from Abuse Order has been filed against you, the consequences can be far-reaching and last for years. If you are accused of violating the terms of a Protection from Abuse Order, you may be placed under arrest and charged with a crime. While Orders are issued for up to two years, the law allows for nearly unlimited extensions. It is important to work with a knowledgeable local attorney early in the process to make sure you receive fair treatment.
If a person is being repeatedly threatened, confronted, or intimidated, but the conduct does not meet the definition of “abuse” or if the parties are not romantic partners, Maine’s Protection from Harassment Law may also be used to seek protection for an individual or business. Generally, the harassing incidents must have occurred at least three times to give rise to a claim under this law. There are exceptions if certain crimes are alleged. A Protection from Harassment Order can also be requested on behalf of a child.
If you have been falsely accused of abuse or harassment, and someone is using those accusations to seek a protective order against you, it is important to take action to protect yourself. Our lawyers are ready to help. We regularly handle both criminal and family law matters and have a deep understanding of how these areas of law intersect. If you are facing a court hearing for a Protection from Abuse Order or a Protection from Harassment Order, contact STEVE SMITH Trial Lawyers today to schedule a consultation and start learning about how you can take your life back.
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