Restraining Orders

1. You can file for a protection from abuse order based on acts of abuse done to you or your minor child by a family or household member or dating partner, defined as:

• your current or former spouse;
• someone with whom you have a child in common;
• someone with whom you live or used to live;
• your current or former sexual partner;
• someone you are related to by blood or marriage;
• someone you are currently dating or formerly dated, regardless of whether or not you had a sexual relationship.¹

2. An adult or a minor can also file for a protection from abuse order against anyone, regardless of the relationship. This petition can be filed against anyone who has committed one of the acts of abuse explained in part 2 of What is the legal definition of abuse in Maine?²
3. If you are 60 years of age or older (an older adult), a dependent adult, or an incapacitated adult, you can also file for a protection from abuse order against an extended family member or an unpaid care provider. The older or dependent adult’s legal guardian or a representative of the Department of Health and Human Services may also file for this type of order. ³ 

The law includes the following definitions: 

1. Dependent adult. You can be considered a dependent adult if you have a physical or mental condition that greatly weakens (substantially impairs) your ability to provide for your daily needs adequately. This includes but is not limited to:

• living in a nursing home;
• living in an assisted living facility; or
• regardless of where you live, being:
  • unable to perform self-care because of advanced age or physical or mental disease, disorder, or defect; or
  • wholly or partially dependent upon one or more other people for care or support, either emotional or physical, because you suffer from a significant limitation in your ability to move (mobility), vision, hearing, or emotional or mental functioning.⁴

2. Incapacitated adult. You can be considered an incapacitated adult if you are unable to meet essential requirements for your physical health, safety, or self-care, even with reasonably available appropriate technological assistance, because you are unable to:

• take in and understand information, or
• make or communicate informed decisions.⁵

3. Extended family member. This includes, but is not limited to, someone who is related to you by blood, marriage, or adoption. It does not matter if you have ever lived with this person.³
4. Unpaid care provider. This includes, but is not limited to, someone who voluntarily provides full-time, part-time, or occasional personal care to you in your home, similar to the way a family member would provide personal care. This person cannot be paid for their services.³

If you are not eligible based on the information above, see our Protection from Harassment Orders section to see if you qualify for that order.

¹ Me. Rev. Stat. tit. 19-A, §§ 4102(6); 4103(1)(A)
² Me. Rev. Stat. tit. 19-A, § 4103(1)(B)
³ Me. Rev. Stat. tit. 19-A, § 4103(3)
⁴ Me. Rev. Stat. tit. 22, § 3472(6); Me. Rev. Stat. tit. 17-A, § 555(2)(B)
⁵ Me. Rev. Stat. tit. 22, § 3472(10)

A minor child can file for a protection from abuse order. The law also allows a “person responsible for the minor” or a representative of the Department of Health and Human Services to file on the child’s behalf.¹

A person responsible for the child means:

• someone responsible for the child’s health or welfare, including the child’s guardian;
• a licensed facility that provides care for the child; or
• a licensed caregiver for the child.²

¹ Me. Rev. Stat. tit. 19-A, §§ 4103(2); 101(4)
² Me. Rev. Stat. tit. 22, § 4002(9)