STATE OF MAINE

DISTRICT COURT – FAMILY DIVISION

PROTECTION FROM ABUSE ORDER

(Domestic Violence Restraining Order)

Court Location: District Court, [COUNTY] Division
Docket No.: [DOCKET NO.]
Petitioner / Protected Person: [PETITIONER FULL LEGAL NAME]
Respondent: [RESPONDENT FULL LEGAL NAME]
Effective Date: [MM/DD/YYYY]
Expiration Date: [MM/DD/YYYY] (unless earlier modified or extended by Court)

[// GUIDANCE: Maine protection-from-abuse orders are governed by 19-A M.R.S. §§ 4001-4014. This template tracks statutory requirements while offering additional structure and practitioner tools. Replace every bracketed placeholder before filing.]

TABLE OF CONTENTS

I. Recitals
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Not Applicable)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. RECITALS

1.1 Petition. On [FILING DATE], the Petitioner filed a sworn Complaint for Protection from Abuse pursuant to 19-A M.R.S. § 4003, alleging that the Respondent committed abuse as defined in 19-A M.R.S. § 4002(1).

1.2 Jurisdiction & Venue. The Court finds that it has subject-matter jurisdiction under 19-A M.R.S. § 4004 and personal jurisdiction over the Respondent consistent with constitutional due-process requirements. Venue in this District is proper.

1.3 Findings. Having reviewed the testimony, evidence, and sworn affidavits, the Court finds by a preponderance of the evidence that abuse occurred, that the Petitioner and Respondent are [QUALIFYING RELATIONSHIP], and that the relief ordered herein is necessary to prevent further abuse.

1.4 Consideration. The issuance of injunctive relief constitutes sufficient legal consideration under Maine law; no monetary consideration is required.

II. DEFINITIONS

For purposes of this Order, capitalized terms have the meanings set forth below. Terms defined in the singular include the plural and vice-versa.

“Abuse” means the commission of conduct meeting the definition in 19-A M.R.S. § 4002(1), including but not limited to (a) attempting to cause or causing bodily injury, (b) placing another in reasonable fear of bodily injury, or (c) engaging in a course of conduct that constitutes stalking, sexual assault, or any forcible detention.

“Court” means the Maine District Court, Family Division, [COUNTY] Division, or any successor court exercising jurisdiction over this matter.

“Firearm” has the meaning assigned in 18 U.S.C. § 921(a)(3).

“Minor Child” means any unemancipated individual under eighteen (18) years of age who is the child of either party or otherwise within the Court’s jurisdiction in this proceeding.

“Order” means this Protection from Abuse Order, including all attachments, exhibits, and later amendments entered by the Court.

“Protected Location” means any location designated in Section III.A.2 from which Respondent must remain physically distant.

“Protected Person” means the Petitioner and any other individual specifically identified in Section III.A.1.

“Respondent” means the individual identified above against whom injunctive relief is granted.

III. OPERATIVE PROVISIONS

A. Injunctive Relief

1. No Contact. Respondent SHALL NOT contact, attempt to contact, or harass any Protected Person, directly or indirectly, by any means, including in-person, telephone, text, e-mail, social media, third-party messaging, or any other electronic or written communication.

2. Stay-Away Requirement. Respondent SHALL remain at least [DISTANCE IN FEET/METERS] away from:

a. Each Protected Person;
b. Any residence, school, business, or place of employment of a Protected Person; and
c. Any other Protected Location expressly listed here: [ADDITIONAL LOCATIONS].

3. Residential Exclusion. Respondent SHALL immediately vacate and SHALL NOT re-enter the residence located at [ADDRESS], regardless of ownership or rental rights, except as allowed under Court-supervised retrieval procedures in Section III.D.

4. Firearms & Dangerous Weapons. Pursuant to 19-A M.R.S. § 4006(2-A) and 18 U.S.C. § 922(g)(8):

a. Respondent is PROHIBITED from possessing, controlling, or acquiring any Firearm or dangerous weapon for the duration of this Order.
b. Within [24/48] hours of service, Respondent SHALL surrender all Firearms and dangerous weapons to [LAW ENFORCEMENT AGENCY] and file proof of surrender with the Clerk.
c. Respondent is advised that possession of a Firearm in violation of this Order is a federal felony.

5. Custody & Parental Rights.

a. Temporary Allocation. [Petitioner/Respondent/Third Party] is granted exclusive temporary parental rights and responsibilities for the Minor Child(ren) named: [CHILD NAMES & DOBs].
b. Parenting Time. [Supervised/No] visitation is authorized under the following schedule and conditions: [DETAILS OR “None”].
c. Exchange Protocol. All exchanges shall occur at [LOCATION] in the presence of [THIRD-PARTY SUPERVISOR OR LAW ENFORCEMENT].

6. Financial Support. Respondent SHALL pay to Petitioner spousal support in the amount of $[AMOUNT] per [WEEK/MONTH] and child support in the amount of $[AMOUNT] per [WEEK/MONTH], commencing [DATE], in accordance with the Maine Child Support Guidelines, 19-A M.R.S. § 2001 et seq. Payments shall be made through the Division of Support Enforcement & Recovery unless otherwise ordered.

7. Treatment & Counseling. Respondent SHALL enroll in and successfully complete a certified batterer’s intervention program and any substance-abuse or mental-health counseling deemed necessary by the program provider, providing proof of enrollment within [DAYS] days.

8. Law-Enforcement Assistance. Law enforcement is directed to serve, enforce, and, upon probable cause of violation, arrest Respondent without warrant pursuant to 19-A M.R.S. § 4012(5).

B. Duration; Extension. This Order shall remain in effect until the Expiration Date stated above unless renewed, modified, or dissolved by further order. Petitioner may move for an extension pursuant to 19-A M.R.S. § 4007(2).

C. Service of Order. A certified copy of this Order SHALL be personally served on the Respondent by [SHERIFF/CONSTABLE/OTHER] and entered into the National Crime Information Center (NCIC) Protection Order File.

D. Retrieval of Personal Property. Respondent may, ONCE and only in the presence of a law-enforcement officer, retrieve personal necessities from the residence at [ADDRESS] on [DATE/TIME OR “as arranged”], not to exceed [MINUTES] minutes.

[// GUIDANCE: Maine courts commonly allow a single, escorted visit for personal items. Modify Section III.D to align with local judicial practice.]

IV. REPRESENTATIONS & WARRANTIES

4.1 Petitioner represents, and the Court finds, that:

a. Petitioner qualifies for statutory relief under 19-A M.R.S. § 4002;
b. All statements in the Complaint are true to the best of Petitioner’s knowledge, information, and belief; and
c. No other protective order involving these parties presently exists in any jurisdiction, or, if one exists, full disclosure has been made to the Court.

4.2 Respondent is deemed to have been provided full notice and opportunity to be heard consistent with due process, whether by personal appearance or valid service and failure to appear.

4.3 The parties acknowledge that any material misrepresentation may subject the declarant to penalties for perjury under 17-A M.R.S. § 451.

V. COVENANTS & RESTRICTIONS

5.1 Respondent SHALL comply fully with every provision of this Order and any subsequent enforcement directives issued by law enforcement or the Court.

5.2 Respondent SHALL immediately inform the Court, in writing, of any change in residential address, telephone number, or e-mail within three (3) days of such change.

5.3 Petitioner SHALL promptly notify the Court of any material change in circumstances that may warrant modification under 19-A M.R.S. § 4007(6).

5.4 Neither party SHALL file any civil action arising from the same nucleus of operative facts in any other jurisdiction without first notifying this Court, to avoid conflicting orders.

VI. DEFAULT & REMEDIES

6.1 Violations as Criminal Offenses. A knowing violation of this Order constitutes a Class D crime under 19-A M.R.S. § 4011(1) and subjects Respondent to immediate arrest, prosecution, and incarceration of up to 364 days and a fine of up to $2,000.

6.2 Contempt Powers. In addition to criminal penalties, the Court retains inherent and statutory authority to hold Respondent in civil or criminal contempt, impose coercive fines, and order incarceration until compliance.

6.3 Federal Enforcement. Pursuant to the Violence Against Women Act, 18 U.S.C. § 2265, this Order is entitled to full faith and credit nationwide, and any violation may be prosecuted federally under 18 U.S.C. § 2262.

6.4 Attorney’s Fees & Costs. If a Protected Person successfully prosecutes an action for violation of this Order, Respondent SHALL pay reasonable attorney’s fees and costs, as determined by the Court.

VII. RISK ALLOCATION

[Not applicable. This is an injunctive family-law order; no indemnification or liability limitations are available or necessary.]

VIII. DISPUTE RESOLUTION

8.1 Governing Law. This Order and all enforcement proceedings shall be governed exclusively by the laws of the State of Maine, including 19-A M.R.S. §§ 4001-4014.

8.2 Forum Selection. Exclusive jurisdiction and venue reside in the Maine District Court, Family Division, [COUNTY] Division.

8.3 Arbitration Unavailable. Matters arising under this Order are not subject to private arbitration.

8.4 Jury Waiver. Protection-from-abuse proceedings are heard by the Court without a jury in accordance with Maine Rules of Civil Procedure, Rule 80D.

8.5 Continuing Injunctive Jurisdiction. The Court expressly retains continuing jurisdiction to enforce, modify, or extend this Order upon motion of any party or sua sponte.

IX. GENERAL PROVISIONS

9.1 Severability. If any provision of this Order is held invalid or unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

9.2 Amendment & Waiver. This Order may be modified only by written order of this Court. No oral waiver or informal agreement shall be effective.

9.3 Integration. This document constitutes the entire Protection from Abuse Order between the parties and supersedes any prior temporary orders.

9.4 Successors & Assigns. The obligations of Respondent run with the person and bind Respondent’s officers, agents, servants, employees, and those in active concert or participation with Respondent.

9.5 Electronic Signatures. Pursuant to Maine Rule of Electronic Court Systems (MRECS) and the Uniform Electronic Transactions Act, 10 M.R.S. §§ 9401-9420, electronic signatures of the Court shall be deemed original.

9.6 Copies as Originals. Certified or true copies of this Order shall be deemed originals and may be relied upon by law enforcement in any jurisdiction.

X. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned has hereunto set a hand and official seal.

text
_____ ___
Judge of the Maine District Court Date
Print Name: ________

Acknowledgment of Parties

text
Petitioner: _____ Date: ____

Respondent: _____ Date: ____
(Receipt of Order only; not consent)

Notary / Clerk Certification of Service

text
I certify that a true copy of this Order was served on the Respondent
☐ Personally ☐ By law-enforcement officer ☐ Other: ___
on the day of __, 20 at __ AM/PM.

_____ ___
Name & Title Signature
[// GUIDANCE: Attach the mandatory “Law-Enforcement Supplemental Information Sheet” (MJD-CR-312) and “Firearms Surrender Verification” where required by local rule. File electronically if eFileMaine is active in your District.]

END OF ORDER