Maine Domestic Violence Laws

Like every other state, Maine has laws that make domestic violence a criminal offense. A person who commits a domestic violence offense can face arrest, criminal charges, incarceration, protection orders, and firearm restrictions. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Maine addresses domestic violence, what crimes qualify as domestic violence, and the penalties and consequences for harming a family member or dating partner.

What Is Considered Domestic Violence in Maine?

Maine has several laws that punish violent conduct committed against a "family or household member" or "dating partner."

Family or household members include:

• current or former spouses or domestic partners
• parents of the same child
• adult household members related by blood or through marriage
• minor children of a parent or guardian when the perpetrator is an adult household member of that parent or guardian
• people currently or formerly living together, and
• people who are or were sexual partners.

Dating partners include former and current partners, whether or not a sexual relationship existed.

Domestic violence crimes include assault, criminal threats, terrorizing, stalking, reckless conduct, and violations of protection orders.

Below are summaries of Maine's domestic violence crimes and their penalties.

(Me. Rev. Stat. tit. 17-A, § 2; tit. 19-A, § 4102 (2024).)

What Are the Penalties for Domestic Violence Assault in Maine?

A person who commits an assault against a family or household member or dating partner is guilty of domestic violence assault.

Domestic Violence Assault

An assault occurs when one person intentionally, knowingly, or recklessly causes bodily injury or makes offensive physical contact with another person.

A first domestic violence offense is punished as a Class D crime, which carries up to 364 days in jail and a $2,000 fine. But if the defendant has a prior conviction for domestic violence offenses, a new conviction is punished as a Class C crime. A new conviction is also a Class C crime if the defendant has one or more prior convictions for violating a condition of bail that prohibits possession of firearms and dangerous weapons, or requires them to avoid contact with the victim (or a potential witness to the domestic violence). Class C crimes carry sentences of up to five years in prison and a $5,000 fine.

Domestic Violence Aggravated Assault

A domestic violence assault is "aggravated" (more serious) if it causes an injury that:

• creates a substantial risk of death or requires a long period of recovery
• causes serious, permanent disfigurement or substantially impairs the functioning of a bodily member or organ
• is inflicted with a dangerous weapon, or
• shows "extreme indifference to the value of human life," such as strangling or using force that could have caused disfigurement or impairment.

Most domestic violence aggravated assaults are Class B crimes, but it's a Class A crime if it causes serious, permanent disfigurement or substantial impairment. Class B crimes carry up to 10 years in prison and a $20,000 fine, and Class A crimes are punishable by up to 30 years' imprisonment and a $50,000 fine.

Domestic Violence Elevated Aggravated Assault

An "elevated" aggravated assault occurs when the person:

• intentionally or with "depraved indifference" causes serious bodily injury with a dangerous weapon
• intentionally causes serious bodily injuries to a pregnant woman, or
• causes serious bodily injury without a weapon but with "terroristic intent."

People act with depraved indifference when they know (or should know) that death or serious bodily injury could occur from their actions but they do them anyway. They act with terroristic intent when they intend to seriously injure more than one person.

Elevated aggravated assaults are Class A crimes and carry 30-year maximum prison sentences and up to $50,000 in fines.

(Me. Rev. Stat. tit. 17-A, §§ 207, 207-A, 208, 208-B, 208-C, 208-D, 208-E, 280-F, 1604, 1704 (2024); State v. Dodd, 503 A.2d 1302 (Me. 1986).)

What Are the Penalties for Domestic Violence Criminal Threatening or Terrorizing in Maine?

Domestic violence threats occur when someone places a family or household member or dating partner in fear of immediate bodily injury.

A person commits domestic violence terrorizing by intentionally, knowingly, or recklessly threatening to commit a violent crime dangerous to human life against a family or household member or dating partner. For someone to be guilty of domestic violence terrorizing, the threat must put the other person in reasonable fear that the crime will be committed.

Both offenses start as Class D crimes, punishable by up to 364 days in jail. However, defendants with certain prior convictions will face Class C criminal charges and up to five years of prison time.

(Me. Rev. Stat. tit. 17-A, §§ 209, 209-A, 210, 210-B, 1604, 1704 (2024).)

What Are the Penalties for Domestic Violence Stalking in Maine?

This offense occurs when someone commits the crime of stalking against a family or household member or dating partner.

Stalking is intentionally engaging in a course of conduct directed at someone that would cause a reasonable person to:

• suffer serious inconvenience or emotional distress
• fear of bodily injury or death
• fear the bodily injury or death of a close relative
• fear damage or destruction of property, or
• fear injury or death to an animal owned or possessed by the victim.

Domestic violence stalking is a Class D crime. Similar to other domestic violence crimes, defendants with certain criminal records will face charges for a Class C crime. Class D crimes are punishable by up to 364 days of jail time, and Class C crimes can mean up to five years of prison time.

(Me. Rev. Stat. tit. 17-A, §§ 210-A, 210-C, 1604, 1704 (2024).)

What Are the Penalties for Domestic Violence Reckless Conduct in Maine?

A person who recklessly creates a risk of bodily injury to a family or household member or dating partner is guilty of domestic violence reckless conduct. A conviction for domestic violence reckless conduct is a Class C or D crime, depending on the defendant's criminal record.

Class C crimes have maximum penalties of five years of prison time and a $5,000 fine. Class D crimes carry up to 364 days in jail and a $2,000 fine.

(Me. Rev. Stat. tit. 17-A, §§ 211, 211-A, 1604, 1704 (2024).)

What Are the Penalties for Violating a Protection From Abuse Order in Maine?

A victim of domestic abuse can ask the court for a protection from abuse order (or PFA). Domestic abuse can involve any of the above crimes committed against a family or household member or dating partner, as well as unlawful restraint, coercion, revenge porn, sexual assault, and repeat surveillance.

A PFA typically prohibits the abusing party from:

• having any contact with the victim
• threatening, harassing, attacking, or otherwise abusing the victim or any minor child living in the home
• possessing a firearm
• entering the victim's home, and
• following or stalking the victim, or being at or near their home, school, business, or workplace.

A violation of these provisions is a Class D crime, punishable by up to 364 days in jail and a $2,000 fine. But if the abusing party assaults the victim, or the violation is reckless and creates a substantial risk of death or serious bodily injury, it's a Class C crime. Third and subsequent violations are also Class C crimes. Class C crimes have maximum penalties of five years of prison time and a $5,000 fine.

(Me. Rev. Stat. tit. 17-A, §§ 1604, 1704; tit. 19-A, §§ 4102, 4110, 4113 (2024).)

Defenses to a Domestic Violence Charge in Maine

In any assault case, including domestic violence cases, some general defenses might apply, depending on the circumstances. Self-defense and accident (no intent) aren't uncommon in domestic violence cases. Also, sometimes a defendant can show that the accusations are false because the victim had it out for the defendant or lied for other reasons.

Consult an Attorney

If you're charged with domestic violence or were served with a PFA, talk with an experienced criminal defense attorney as soon as possible. Both have serious ramifications and can result in a conviction and firearms restrictions. An attorney can advise you of the strength of the case, what's at stake, and what options are available.