Protection from harassment (PFH) order is a civil order that protects an individual, the individual’s family, or their business from various forms of harassment in the state of Maine. Unlike protection from abuse order, which covers primarily family, household, and dating partner relationships, the PFH order can be issued regardless of the harasser’s relationship to the individual. It’s a court order for someone to stay away and cease the harassment, such as stalking.
Our previous blog on Protection From Harassment (PFA) Orders explains the process involved in getting a PFH Order. However, part of that process involves proof of harassment, the burden of which falls on the plaintiff. Sometimes harassment does involve a family/marital/dating relationship, but not always. If that’s the case, you may instead qualify for a Protection From Abuse order. Unlike the PFA, a PFH order does not require you to have any previous relationship to request this type of order.
Proving Harassment
Prior to filing for an order, it’s important to report the harassment to the police. In many cases, you will need a “cease harassment” notice from law enforcement issued; these are not needed for sexual assault and other serious criminal acts. If necessary, you can also request a waiver of the “cease harassment” notice if you have a valid reason for doing so.
The first step is to visit your local court and follow that court’s set procedure for obtaining and issuing the Maine protection from harassment order.
Maine Law defines harassment as three or more acts of intimidation that are intended to strike fear in an individual, a family, or a business, including the threats of property damage. Harassment can also include a single act that involves conduct such as violating someone’s civil or constitutional rights, as well as the right to privacy, and harm such as armed robbery, terrorizing, kidnapping, sexual assault, or arson.
You’ll need to show the court that the defendant engaged in a campaign of deliberate harassment with the intent to harm or threaten harm as a result. This can include photographs, evidence left behind (such as a note or other object), emails, texts, and other digital communications, or any other form of documentation of the harassment.
The best time to begin documentation is when the harassment begins. Keep a log of dates, times, and other pertinent information on the harassment, as well as any pictures or video you can get. Saving the evidence in cloud-based storage such as DropBox or Google Docs makes it available to you anytime, and keep it out of the hands of the harasser if they access your home, car, or place of business. Over time, the chronological documentation will show the pattern of harassment that you can take to court to prove your case.
Court-Ordered Protection
Once a judge issues a PFH order, the individual is required to stay away from you, your family, your home, and your business, or face arrest. Violating the order is considered a Class D offense, and the individual faces a criminal charge for doing so.
The order lasts for a period of up to one year but can be extended with a request for modification.
A PFA order from another state is treated the same as one issued by a court in Maine.
This guide from the Maine Judicial Branch offers additional information on PFHs, PFAs, and a guide to the process of obtaining the PFH.
NOTE: If you believe you or someone you know is in immediate danger, please call 911.
Your Family Law Attorney In Gorham, ME
Harassment is against the law in Maine. If you need help defending yourself against any type of harassment, 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.
