Domestic abuse—two words that nobody wants to hear. But it happens in Maine, somewhere, every day.
If you’re in a domestic abuse situation, you know that just packing up and leaving one day isn’t always the safest solution. You need a plan for yourself and your children.
According to this article on New Hope For Women’s website, Maine law makes it illegal for anyone you live with to:
- Harm or attempt to harm you
- Threaten you so you fear for your own physical safety
- Coerce sexual actions against your will
- Place you in fear of bodily injury
- Confine you against your will or impede your movements
- Use force or threaten to use force to make do something that you have a right not to do
Not Just Women
Most people assume that the term “domestic abuse” or “domestic violence” is a term indicating women being abused by their husbands or boyfriends. While women tend to be frequent targets, men and children are also victims of domestic violence. The law in Maine covers:
- Individuals who currently or previously lived together, including
- Spouses
- Domestic partners
- Biological parents of the same child
- Adult blood relatives
- Minor children living with an adult offender
- Men
- Children
- Current or previous sexual partners
Any one of these individuals can be considered a victim of domestic abuse, even if they don’t live together anymore. If the abuser is not someone you live with, were ever involved with or a relative, the crime is considered an assault, but not domestic violence.
Defense Against Domestic Abuse Charges
As previously mentioned, men are also the target of domestic abuse, in many forms. It’s also a common tactic by estranged spouses to file false charges against the other party, (frequently against a man) who has to defend himself in court against the false charges. Because of the terrible nature of domestic abuse, defense may be an uphill battle in Maine. While true domestic abuse victims should file charges to protect themselves and their children, victims of false charges must mount an aggressive defense.
Maine breaks down domestic abuse into several categories:
- Assaults
- Criminal threatening
- Terrorizing
- Stalking
- Reckless conduct
A first conviction of any one of these crimes is considered a Class D crime, punishable by 364 days in jail and a $2,000 fine. A second conviction is a Class C crime, punishable by five years in prison and a $5,000 fine. He or she can also be convicted Class C if they previously violated a bail condition that prohibited contact with the victim or witness, or one that prohibited possession of any type of dangerous weapons.
Maine judges impose harsh sentences on those convicted of domestic abuse. Additionally, if convicted, you will lose your right to use and own firearms for the rest of your life. Pleading guilty is never a good idea especially if the charges are false. Fight false charges with a strong defense, and an aggressive defense attorney.
Your Family Law Attorney In Gorham, ME
Domestic abuse in Maine is a serious matter, and you may not be equipped to deal with it on your own. Peter W. Evans has been helping residents of Maine with various family law matters for more than 25 years. Mr. Evans works with both domestic abuse victims and as well as those falsely accused. Call (207) 747-5114 today or contact us online to make an appointment.
