Restraining Orders

For the purposes of filing for a protection from abuse order, Maine law defines “abuse” in three ways:

1. Abuse by a family member, household member, or dating partner happens when one of those people does one or more of the following acts to you or your minor child:

• attempts to cause or actually causes physical injury or offensive physical contact;
• attempts to or actually sexually assaults you or your child;
• commits stalking;
• attempts to or actually threatens, harasses, or torments you or your child, making you afraid of being physically hurt. If the abuser does this through words, they must consciously ignore a large (substantial) risk that their words would reasonably make someone afraid of being physically hurt;
• using force, threat of force, coercion, or intimidation, they:
  
  • stop you or your child from doing things you have a right to do; or
  • force you or your child to do things you have a right not to do;
• substantially restricts your or your child’s movements without consent or legal authority by:
  
  • removing either of you from your home, business, or school;
  • moving either of you far (a substantial distance) from where you were; or
  • holding either of you captive;
• threatens to commit a violent crime, making you or your child reasonably afraid they will do it;
• repeatedly follows you or your child, or shows up at or near your or your child’s home, school, work, or business, without a good reason (“reasonable cause”);
• shares certain private images of you or your child without consent, which is known as the unauthorized dissemination of certain private images, or threatens to share the images or cause someone else to share the images while ignoring the risk that you will reasonably fear that they will be shared;
• engages in aggravated sex trafficking or sex trafficking; or
• does one of the following against a minor child:
  
  • sexual exploitation of a minor;
  • dissemination of sexually explicit material; or
  • harassment by telephone or electronic communication device, but only the acts involving sending an image or video of a sexual act that are listed in paragraphs (1)(A-1) and (1)(A-2) of the law.¹

2. Abuse by anyone, related to you or not, happens when the abuser does any of the following:

• attempts to or actually sexually assaults you;
• commits stalking;
• shares certain private images of you without your consent, known as the unauthorized dissemination of certain private images;
• commits nonconsensual removal of or tampering with a condom;
• engages in aggravated sex trafficking or sex trafficking; and
• does one of the following acts against a minor child:
  
  • sexual exploitation of a minor;
  • dissemination of sexually explicit material;
  • harassment by telephone or electronic communication device, but only involving sending an image or video of a sexual act that is listed in paragraphs (1)(A-1) and (1)(A-2) of the law.²

3. Abuse against an older or dependent adult happens when an abuser acts or fails to act in a way that causes any of the following:

• injury, unreasonable confinement, intimidation, or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish;
• sexual abuse;
• sexual exploitation;
• financial exploitation; or
• a lack of essential needs, either on purpose or without care for how the victim is affected.³

If you are being harassed in a way not listed above, you may still be eligible for a protection from harassment order. See our Protection from Harassment Orders section for more information.

¹ Me. Rev. Stat. tit. 19-A, §§ 4102(1); 4103(1)
² Me. Rev. Stat. tit. 19-A, § 4103(1), (2)
³ Me. Rev. Stat. tit. 19-A, § 4103(3)(B); Me. Rev. Stat. tit. 22, § 3472(1)