Restraining Orders

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

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 19-A M.R.S. §§ 4102(1); 4103(1)
² 19-A M.R.S. § 4103(1), (2)
³ 19-A M.R.S. § 4103(3)