Restraining Orders

There are three types of protection from harassment orders:

• emergency;
• temporary; and
• final.

Emergency protection from harassment orders

This type of order can be granted on nights, weekends, or holidays when the court is closed or if there is no judge available in your local district court. You must meet the requirements for getting a temporary protection order, which are explained below. The order would be in effect until a hearing is held in the appropriate district court.¹

Temporary protection from harassment orders 

A temporary order can be granted without notifying the respondent (ex parte) on the day that you file your petition in court. In certain circumstances, this order can last until your final hearing. It can be granted if it is clear from your complaint and affidavit that:

• you or your employees may be in immediate and present danger of physical abuse or extreme emotional distress as a result of the harasser’s conduct; or
• your business property is in immediate and present danger of suffering substantial damage as a result of the harasser’s actions.²

The judge can also consider if you have an active military protective order (MPO). If you have one, you may want to mention this to the judge. In this context, MPO is defined by Maine law as a protection order issued pursuant to 10 U.S.C. § 1567 by a commanding officer of the Armed Forces of the United States or National Guard of any state against a person under the officer’s command.³

If you are claiming the harassment has happened through three or more acts of intimidation, confrontation, physical force, or the threat of physical force, you may need to show that one of these two “notice requirements” happened:

1. the harasser was already notified by law enforcement to stop the harassing behavior, and you have a copy of the notification; or
2. you filed a “statement of good cause” as to why you didn’t ask law enforcement to issue this notice or why the notice was not issued.

However, this “notice requirement” does not apply if the harassment is:

• related to an allegation of domestic violence, violence against a dating partner, sexual assault, or stalking; or
• based on the defendant committing one of the 36 crimes listed in What is the legal definition of harassment in Maine?²

Final protection from harassment orders 

A final protection from harassment order can be issued in one of two ways:

1. after a court hearing in which you and the harasser both have a chance to present evidence, testimony, and witnesses, and the judge rules in your favor; or
2. if the harasser consents to having an order against them – this is known as “an order by agreement” or a “consent order.”⁴

Protection from harassment orders can last up to one year. However, you may be able to have it extended.⁴ For more information, see How can I change (modify) or extend my protection from harassment order?

¹ Me. Rev. Stat. tit. 5, § 4654(3)(A), (3)(C)
² Me. Rev. Stat. tit. 5, § 4654(2)(A)
³ Me. Rev. Stat. tit. 5, §§ 4655 (2)(C); 4651(3-A)
⁴ Me. Rev. Stat. tit. 5, § 4655(1), (2)