For the purposes of filing for a protection from abuse order, Maine law defines “abuse” in two 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 cause or actually causes sexual assault;
• 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, s/he must consciously ignore a large (substantial) risk that his/her words would reasonably make someone afraid of being physically hurt;
• stops you or your child from doing things you have a right to do;
• forces 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 you or your child from your home, business, or school;
  • moving you or your child far (a substantial distance) from where you were; or
  • holding you or your child captive;
• threatens to commit a violent crime, making you or your child reasonably afraid s/he 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;
• 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 (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 cause or actually causes sexual assault;
• 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 (listed the acts in paragraphs (1)(A-1) and (1)(A-2) of the law).²

The actions listed in number 2 can count as abuse for getting a protection order even if the abuser isn’t related to you.

Additional definitions of abuse may apply if:

• the victim is 60 years or older, or has a disability that makes him/her a “dependent” or incapacitated adult; and
• the abuser is an extended family member or an unpaid care provider.

For more details, see our Protection from Abuse Orders (for elderly/disabled) page.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 ST T. 19-A §§ 4102(1); 4103(1)
² ME ST T. 19-A § 4103(1), (2)
³ ME ST T. 19-A § 4103(3)

In a temporary, ex parte protection from abuse order, the judge can:

1. make an order concerning the parental rights and responsibilities relating to the minor children living in the home;
2. make an order concerning the care, custody, or control of any animal owned or kept by you, the abuser, or a minor child living in the household;
3. prohibit the abuser from injuring or threatening to injure any such animal;
4. can order the defendant to not:
   • restrain, threaten, assault, molest, harass, attack you or otherwise disturb your peace;
   • enter your home, including a home you share with the abuser;
   • follow you or be near your home, school, business or place of employment repeatedly and without reasonable cause:
   • take, sell, destroy or damage property in which you may have a legal interest;
   • have any direct or indirect contact with you, including by social media;
   • injure or threaten to injure any animal owned, kept or held by either party or by a minor child living in the household (and the judge can make an order regarding the care/custody of the animal); and/or
   • engage in the unauthorized dissemination of certain private images;
   • destroy, transfer or tamper with your passport or other immigration documents; and
   • have or possess a firearm or other dangerous weapon if the complaint demonstrates:

• abuse that involves a firearm or other dangerous weapon; or
• a heightened risk of immediate abuse to you or a minor child. To decide this, the judge must consider whether:
  • the temporary order of protection is not likely to protect you if the abuser can have firearms;
  • the defendant has violated orders of protection;
  • past or present abuse to a victim resulted in injury;
  • the abuse occurred in public; and
  • the abuse includes:
    • threats of suicide or homicide;
    • killing or threatening to kill any animal owned or kept by you, the abuser, or a minor child living in the home;
    • an escalation of violence;
    • stalking behavior or extreme obsession;
    • sexual violence;
    • excessive alcohol or drug use; and
    • abuse against a pregnant victim.¹

A final protection from abuse order can do the following:

1. order the defendant to not:
   • threaten, assault, molest, harass, attack or otherwise abuse you and/or any minor children in the home;
   • have or possess a firearm or dangerous weapon;
   • use, attempt to use, or threaten to use any physical force that would reasonably be expected to cause bodily injury against you or any minor children living in the home;
   • enter your home or premises;
   • repeatedly and without reasonable cause do any of the following:
     • follow you; 
     • be near your home, school, business, or place of employment;
   • stalk you;
   • have any direct or indirect contact with you, including by social media;
   • take, sell, destroy or damage property in which you may have a legal interest – and the judge can order the division of personal property and household goods/furniture;
   • injure or threaten to injure any animal owned, kept or held by either party or by a minor child living in the household (and the judge can make an order regarding the care/custody of the animal);
2. order the defendant to remove, destroy or return any “private images,” as defined in the unauthorized dissemination of certain private images, and, if necessary, order the defendant to pay any costs associated with removal, destruction or return of the private images;
3. if you and the defendant jointly own or lease your home, or if one party solely owns or leases the property but s/he has a duty to support the other party or the minor children living in the home, the judge can:
   • give (or restore) possession of the home to one party, excluding the other; or
   • if both parties agree, the party who has a duty to support the other can provide suitable alternate housing;
4. order the termination of a life insurance policy that is owned by the defendant if you are the person whose life is insured;
5. award some or all temporary parental rights and responsibilities, or temporary rights of contact with regard to the minor children, or both;
6. order the defendant to pay temporary support for you and/or your child;
7. order the defendant to pay you for losses suffered as a direct result of the abuse (i.e., loss of earnings, injury to you, medical bills, damaged property or moving expenses);
8. grant custody and care of any pets in the household that are owned by you, the defendant, or a child in the home to you;
9. order the defendant to get counseling or attend a certified batterers’ intervention program;
10. order the defendant to pay your court costs and/or attorney’s fees;
11. if the defendant committed sex trafficking or aggravated sex trafficking, order him/her to pay money damages related to the return or restoration of your passport/immigration documents and any debts you have that came from the trafficking relationship (in addition to any other orders that the judge thinks are necessary or appropriate related to the trafficking); and
12. order anything else you need to stay safe.²

Note: If you file a petition that gets dismissed at a hearing where both parties are present, the judge can order you to pay court costs and/or the defendant’s attorney’s fees if the judge rules that your complaint (petition) is without a legal basis (frivolous).³

¹ ME ST T. 19-A § 4108(2), (3)
² ME ST T. 19-A § 4110(3)
³ ME ST T. 19-A § 4110(3)(R)

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

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

An adult or a minor can file for a protection from abuse order against anyone, regardless of the relationship who has committed one of the acts of abuse explained in What is the legal definition of abuse in Maine?²

If you are 60 years of age or older, 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.³ For more information, see our Protection from Abuse Orders (for the elderly/dependent/incapacitated) page.

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 ST T. 19-A § 4102(6)
² ME ST T. 19-A § 4103(1)(B)
³ ME ST T. 19-A § 4103(3)

A minor can be eligible for an order but the law states that a “person responsible for the minor” would be the one to file the complaint (petition).¹

¹ ME ST T. 19-A § 4103(2)

The clerk will show your complaint to the judge. The judge might want to question you or ask you to explain the abuse in more detail. If the judge who reads your complaint agrees that there is a “good cause” to grant the order, for example, that you are in immediate and present danger, you can be granted a temporary ex parte order.¹ The judge will also set a hearing date for the final PFA hearing. Note: After the abuser is served, s/he has the right to file a motion asking the judge to end (dissolve) or change (modify) the temporary order. You may only be given two days’ notice of this hearing.²

¹ ME ST T. 19-A § 4108(1)
² ME ST T. 19-A § 4108(6)

You must go to this hearing if you want to get a final PFA order. If you do not go to the hearing, your temporary order will be dismissed. If the abuser does not show up for the hearing, the judge may still grant you a PFA order or the judge may adjourn the case to another date. Note: If the defendant was not served by the hearing date, you must still go to court at the scheduled time. The judge will postpone the hearing and set a new date. This might happen a few times until the defendant is served.

You may wish to hire a lawyer to help with your case, especially if the abuser has a lawyer. If the abuser shows up with a lawyer, you can ask the judge for a “continuance” (a later court date) so that you have time to find a lawyer. Go to Maine Finding a Lawyer page under the Places that Help tab at the top of this page.  You may also wish to have a domestic violence advocate accompany you to court for support. To find a program in your area, go to our Maine Advocates and Shelters page.

See the At the Hearing section under the Preparing for Court section for ways you can show the judge that you were abused and for tips on representing yourself in court pro se. You can learn more about the court system, too, in our Preparing for Court – By Yourself section.

Here are some ideas of what you can do:

• Make several copies of the PFA order as soon as possible.
• Keep a copy of the order with you at all times.
• Leave copies of the order at your workplace, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them. One week after court, call your local law enforcement offices to make sure they have received copies of the order.
• Take steps to safety plan, including changing your locks (if permitted by law) and your phone number.

Ongoing safety planning is important after receiving the order.  People can do a number of things to increase their safety during violent incidents, when preparing to leave an abusive relationship, and when they are at home, work, and school.  Many abusers obey protective orders, but some do not.  It is important to build on the things you have already been doing to keep yourself safe. Go to our Safety Planning page for suggestions. 

If as part of a temporary or final protection from abuse order, the judge rules that the defendant cannot have a firearm or other dangerous weapon, the judge will direct the defendant to give up his/her firearms within 24 hours or sooner after service of the order. They can be given to law enforcement or to someone else. If the weapons are turned over to someone other than a law enforcement officer, the defendant must file with the court or local law enforcement agency within 24 hours a written statement that contains the name and address of the person holding the weapons and a description of all weapons held by that individual. Later on, the judge can issue a search warrant authorizing a law enforcement officer to take any firearms and other dangerous weapons at any location if there is probable cause to believe that the defendant did not turn in such firearms or dangerous weapons.¹

¹ ME ST T. 19-A §§ 4108(3); 4110(4)

Violations of an order can be pursued through the police and/or through filing a contempt petition in court. However, the police can only arrest for certain violations. If any of the following terms of the order are violated, the police can make an arrest and it can be a Class C or D crime:

• the defendant must leave you alone and have no contact with you;
• the defendant must not to hurt you or threaten you;
• the defendant must stay away from your home, school, business or place of employment;
• the defendant must not to follow you or otherwise stalk you;
• the defendant must not interfere with your property;
• the defendant must not to possess a gun or any other dangerous weapon;
• you are granted possession of the home; or
• the defendant must provide suitable housing for you.¹

If any of the following terms of the order are violated, the police cannot make an arrest; you would have to file a motion in court for civil contempt and the judge can punish the defendant accordingly:

• the defendant must get counseling or attend a certified batterers’ intervention program;
• you are granted custody and care of any pets;
• the division of personal property ordered by the judge;
• the defendant must not terminate a life insurance policy that is owned by the defendant if you are the person whose life is insured;
• the defendant must pay temporary support for you and/or your child;
• the defendant must pay you for loss of earnings, injury to you, medical bills, or property or moving expenses that occurred as a direct result of the abuse;
• the defendant must pay court costs or attorney fees; or
• anything else ordered by the judge that is necessary for you to stay safe.²

¹ ME ST T. 19-A § 4113(1), (5) 
² ME ST T. 19-A § 4113(2)

You may want to get advice from a lawyer as to whether or not you can appeal the decision. However, there are specific grounds for appeal and there is a limited amount of time to file. Generally, appeals are complicated and you will most likely need the help of a lawyer. See our File an Appeal page for basic information on appeals.

You may also be able to reapply for a PFA order if a new incident of abuse occurs after you are denied the order. Also, you may decide to report the abuse to the police to see if they will arrest the defendant if they believe a crime was committed.

If you were not granted a PFA order because your relationship with the abuser does not qualify, you may be able to seek protection through a protection from harassment order. 

In addition, remember that there are still some things you can do to stay safe. It might be a good idea to contact one of the domestic violence resource centers in your area to get help, support, and advice on how to stay safe. They can help you develop a safety plan and help connect you with the resources you need. For safety planning help, ideas, and information, go to our Safety Planning page. You will find a list of Maine resources on our Maine Advocates and Shelters page.

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

There are three types of protection from harassment orders.

Emergency protection from harassment orders: This type of order could 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, explained below. The order would be in effect until a hearing is held in the appropriate district court.¹

Temporary protection from harassment orders: An ex parte temporary order can be granted on the day that you file your petition in court and can last until your final hearing in certain circumstances. 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

In limited circumstances where you are alleging three or more acts of intimidation, confrontation, physical force, or the threat of physical force as the basis of the harassment, you may also have to meet one of two “notice requirements:” 1) that the harasser was already notified by law enforcement to stop the harassing behavior and you have a copy of the notification; or 2) that 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
• is 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. you can get an order without having a trial if the harasser consents to having an order against him/her – this is known as “an order by agreement” or a “consent order.”

Protection from harassment orders can last up to one year. However, you may be able to have it extended.³ For more information, see How can I modify (change) or extend my protection from harassment order?

¹ 5 M.R.S. § 4654(3)(A), (3)(C)
² 5 M.R.S. § 4654(2)(A)
³ 5 M.R.S. § 4655(1), (2)

In limited circumstances, you may need to ask a law enforcement officer to issue a written “notice to stop harassment” against the defendant as a first step before requesting a protection from harassment order.

You will not need to get law enforcement to issue the notice if the basis of your petition is an allegation of​ any of the following:

• the harassment is related to an allegation of domestic violence, violence against a dating partner, sexual assault, or stalking;
• the defendant committed one of the 36 crimes listed in What is the legal definition of harassment in Maine?; or
• the defendant committed harassment by engaging in a course of conduct with the intent to harass, torment, or threaten another person after having already been notified (in writing or orally) not to engage in such conduct by a law enforcement officer, by a protective order, or by a corrections officer if the person is incarcerated.²

You may need to get law enforcement to issue the notice if the basis of your petition is an allegation of three or more acts of intimidation, confrontation, physical force, or the threat of physical force directed against any person, family, or business that are made with the intention of causing fear, intimidation or damage to personal property and that do in fact cause fear, intimidation or damage to personal property.¹ Additionally, if the notice to stop harassment would be required, you must either:

1. attach it to your petition for a protection from harassment order; or
2. file a “statement of good cause” along with your petition, which explains why you did not request such a notice from law enforcement or why law enforcement didn’t issue it, if you requested it.¹

Note: The judge can issue a protection from harassment order even without a notice to stop harassment depending on how severe the situation is.¹

If you are not sure whether or not you would need to request from law enforcement this written notice to stop the harassment in your specific situation, you may want to get advice from a lawyer. Go to our Maine Finding a Lawyer page for legal referrals.

¹ 5 M.R.S. § 4653(1)(B)
² 5 M.R.S. § 4653(1)(B); 17-A M.R.S. § 506-A

A minor (under 18) cannot file on his/her own (unless s/he is emancipated)– but any adult family member, guardian, or the Department of Health and Human Services can file on behalf of a minor.¹

Note: If you are filing on behalf of a child and you have not witnessed the harassment yourself, the child may likely have to testify in court about the harassment if the case goes to trial.²

¹ 5 M.R.S. § 4652
² See A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website

Once you file for a protection from harassment order, the clerk will schedule a date and time for a hearing. In the meantime, you must have the summons and complaint forms “served” on the defendant (your harasser) as well as the temporary (ex parte) protection order if you get one. The hearing cannot be held until the defendant has been served and the temporary order is not valid until the harasser is served with it.

The clerk will likely forward the papers to the sheriff for service, especially if you get a temporary (ex parte) protection order and the defendant lives in Maine. However, be sure to check with the clerk about this. If the defendant resides outside the state of Maine, you may want to ask the clerk for help in arranging service of the complaint and related forms on the defendant in the state where s/he lives.

If you have to arrange for service yourself, you would take a copy of the complaint and the original and one copy of the summons to the sheriff’s department, likely in the county where the defendant lives. Ask the clerk which forms you have to bring to the sheriff if you are not sure. We have a list of sheriffs on our Maine Sheriff Departments page.

The hearing will not be held until the “Return of Service” on the back of the original summons form is filled out and filed with the court to prove that the defendant has been served. If you took the papers to the sheriff for service, you need to get the completed summons back from the sheriff’s office after he is served. The sheriff should fill out the form with details about when and where the sheriff served the defendant. File it in the clerk’s office immediately.

If the clerk has sent the papers out for service, check with the clerk’s office before the hearing to find out if the sheriff’s office has sent the “Return of Service” (summons) back to the court. If you are still waiting for the forms to be returned on the hearing date, you can explain this to the judge and ask for a new hearing date. This will give you and the sheriff some more time to get the complaint and summons served on the defendant.¹

¹ See Pine Tree Legal Assistance’s Protection from Harassment page

The main difference between the two orders is that an order that is granted after a hearing is granted after the judge has heard all of the evidence presented by you and by the harasser and the judge has decided that you were, indeed, harassed. The judge will make what is called a “finding” of harassment. A consent order is issued without a hearing and without any “finding” of wrongdoing by the harasser. The harasser would agree to you having an order against him/her and you would both agree on what terms will be in the order.

Consent orders can include all the protection that an order issued after a contested hearing would provide. Violation of a consent order can be prosecuted just as a violation of an order issued after hearing would be. However, before giving up the right to a hearing, you should make sure that a consent order has enough protection and other relief since the harasser may try to leave out of the order certain protections that you can get in an order after a hearing.

Once you both appear in court, the judge may right away ask you and the harasser whether you are willing to consider a protection order by consent or agreement, instead of having a contested hearing. Consent orders are often worked out by the judge speaking to the parties, or through the parties’ lawyers.

There is a fee to file a complaint for a protection from harassment order unless the harassment case involves an allegation of stalking, sexual assault, or domestic or dating violence – in that case, there would be no fee. If you cannot afford the filing fee and service fee, ask the clerk for a “Motion to Proceed Without Payment of Fees” form, in which you would give financial information about your income.¹ You can find forms and information for fee waivers on the Pine Tree Legal Assistance website. The judge would evaluate your financial situation and decide whether s/he believes you can afford the filing fee. Call the clerk of court in your county if you have any questions. Go to our Maine Courthouse Locations page for contact information.

Note: You may also be responsible for the cost for service on the harasser unless the court has waived the fee. If the judge has waived the fees, the court will pay the service fee – you will not have to pay the sheriff to serve the forms on the harasser. You will want to ask the clerk’s office if they will send the papers to the sheriff’s department for service. If not, you will have to arrange for service yourself and take a copy of the fee waiver order with you to show the sheriff’s office that you should not be billed for the service fee.²

¹ See A Guide to Protection from Abuse and Harassment Cases on the Maine Courts website
² See Pine Tree Legal Assistance’s Protection from Harassment page

To change (modify) your final protection from harassment order, you will need to make a motion to the court and the harasser must be notified. The court will have a hearing and may modify the terms of an existing order if circumstances have changed and the judge believes there is a good reason to change the order.¹

Note: Once you get a temporary order, a harasser may ask the court to end (terminate) or change (modify) the temporary order and must only give you two days’ notice before the court date.² The court may also have the final hearing on the protection from harassment order at the same time it hears the harasser’s request to vacate or modify the temporary order.³

To extend your protection from harassment order, you will need to file a “Motion to Extend.” The Maine courts website recommends filing your motion 30 days before the expiration date so that there is no gap in protection.³ The judge may extend your order for additional time if a judge believes that is necessary to protect you from harassment.

¹ 5 M.R.S. § 4655(2)
² 5 M.R.S. § 4654(6)
³ A Guide to Protection from Abuse & Harassment Cases on the Maine Courts website

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

Federal law does not require you to take any special steps to get your protection from abuse order (PFA) enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid PFA is enforceable regardless of whether it has been registered or filed in the new state.¹  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

¹ 18 U.S.C. § 2265(d)(2)

A temporary protection from abuse order can be enforced in other states as long as it meets the requirements listed in How do I know if my PFA is good under federal law?¹

Note: The state where you are going generally cannot extend your temporary protection from abuse order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).  However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but, if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

Federal law does not require you to take any special steps to get your protection from abuse order enforced in another state. However, many states do have laws or regulations (rules) about enforcement of out-of-state orders. These rules differ from state to state, so it is important to find out what the rules are before you try to get your protection from abuse order enforced in another state. Although knowing the state rules can make enforcement easier, a valid protection from abuse order is enforceable regardless of whether it has been registered or filed in the new state.

You do not need a lawyer to get your protection from abuse order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to.  A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state to which you are moving, go to the Places that Help page and select the appropriate state from the drop-down menu.

It may depend on the exact wording of the custody provision in your protection from abuse order.  You may have to first seek the permission of the court before leaving.  If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children.  You can find contact information for local domestic violence organizations and legal assistance on our Maine Advocates and Shelters page.

Your protection order can be enforced in Maine as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a) & (b)

As long as the child custody provision complies with certain federal laws,¹ Maine can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click here Maine Finding a Lawyer.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

You can register your out-of-state protection order in the office of the clerk of any District Court or of any Superior Court in Maine. The clerk must treat the order in the same manner as an order that was issued in Maine would be treated.¹ Bring a certified copy of the order along with a photocopy of the order.

You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Maine to ask for help from a local advocate. To find a local domestic violence organization in Maine, please go to our Maine Advocates and Shelters page.

In terms of whether or not you need to register your order, police officers are required by federal law to enforce your protection order, whether or not it is registered. However, it can sometimes be easier to enforce an order that is registered.

¹ ME ST T. 14 § 8003

While neither federal law nor state law requires that you register your protection order in order to get it enforced, if your order is not entered into the state registry, it may be more difficult for a law enforcement official to determine whether your order is real. So, it could take longer to get your order enforced. If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there can help you decide what the safest plan of action is for you in Maine.

To see a list of local domestic violence organizations in Maine, go to our Maine Advocates and Shelters page.