Practice Areas - Protection From Abuse
Protection from Abuse/Harassment/Restraining Orders are available in Maine, New Hampshire, and Massachusetts on a temporary ex-parte basis, meaning that one can obtain a temporary order by filing a request with the court in the appropriate jurisdiction without the presence of the other involved person(s). Depending on the state and the situation, many different forms of relief are available. This can range from basic orders to keep an individual away from you, to orders related to children, pets, and property.
In all three states, after the individual has recieved a temporary order from the court,
a final hearing date is set. At that final hearing, the individual who brought the
protection order has the burden of proving the allegations to the court in order to obtain
a final order.
Maine
In Maine, a Protection From Abuse order may be obtained by a family member, former
boyfriend/girlfriend or dating partner, former spouse, or by a parent on behalf of
their minor child. The Maine Protection From Abuse proceedings are governed by 19-A
M.R.S.A. Section 4001-4014*. The temporary order is served on the opposing party and a
hearing is scheduled within 21 days from the date the court grants the temporary order.
At that final hearing, the party who obtained the order has the burden of proving by
the preponderance of the evidence that the allegations in the complaint are true and
that as a result, they are in reasonable fear of the opposing party. If the court issues
a final order, it may do so for up to two years. The parties can agree to a consent order,
which means that the court makes no findings of abuse, but issues an order. A consent order
is as fully enforceable as an order issued after hearing.
A Protection From Harassment order may be obtained by any person against any other person. The person requesting the order needs to allege three incidents of harassment or one incident of alleged criminal conduct as defined under 5 M.R.S.A. Section 4651-4660. The court will schedule a final hearing only if the temporary order is granted. If the temporary order is not granted, the person requesting the order must serve the other party with the denial of the request and a final hearing will be scheduled. If a final Protection From Harassment order is obtained, the court m ay issue the order for up to one year.
*19-A M.R.S.A. Section 4001-4014
*5 M.R.S.A. Section 4651-4660
New Hampshire
In New Hampshire, a Protection From Domestic Violence may be obtained by a family member,
household member, or former romantic partner where such conduct constitutes a credible threat
to the plaintiff’s safety. Unlike Maine law, in New Hampshire a minor may file for a protection
order without a parent/guardian. The New Hampshire Protection From Domestic Violence proceedings
are governed by N.H.R.S.A. 173B*. If a judge finds abuse, a temporary order is issued and a
hearing is scheduled within 30 days or 10 days after the other party is notified (whichever comes
later). If the court finds abuse and a “credible threat to plaintiff’s safety” an order is issued
which lasts up to one year.
A Protection Against Stalking may be obtained against any other person who:
- threatens your safety
- follows, approaches or confronts you
- appears near your home, place of employment, school, or other place where you normally can be found
- causes damage to your home or property
- places an object on your property, either directly or through a third person
- causes injury to your pet
- communicates with you in such a way to make you afraid
The person requesting the order must allege at least two incidents of stalking and must be afraid for their personal safety. Protection Against Stalking proceedings are governed by N.H.R.S.A. 633:3a* and follow the same process as a Protection From Domestic Violence proceeding.
*N.H.R.S.A. 173B
*N.H.R.S.A. 633:3a
Massachusetts
In Massachusetts, an Abuse Prevention Order (or 209A Order) may be obtained by someone
against a "family or household member". M.G.L. 209A* defines "abuse" as the occurrence of one or more of
the following acts between "family or household members":
- actual or attempted physical abuse,
- placing another in fear of serious physical harm,
- causing another to engage involuntarily in sexual relations by force, threat of force or duress.
And "family or household members" as:
- a spouse (or former spouse),
- someone you live with (or used to live with),
- a relative by blood or marriage,
- a parent of your child,
- a person you have had a substantial dating relationship with.
Once a temporary order is filed, a hearing will be scheduled within 10 days. If the court issues as final order it is enforceable for one year unless otherwise stated.
A Harassment Prevention Order, as outlined by M.G.L. 258E* may be sought against any other person that harasses you. M.G.L.A. 258E§1 defines harassment as: three or more acts malicious (cruel) behavior against a specific person with the intent to cause fear, intimidation, abuse or damage to property and that those acts actually do cause fear, intimidation, abuse or damage to property OR if someone has committed certain crimes against you (i.e. rape, stalking, criminal harassment, kidnaping). Harassment Prevention proceedings follow the same process as Abuse Prevention proceedings and also are in effect for one year.
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