Domestic ViolenceDomestic violence is when anyone in your household:
Getting help If you, a child or an older person is in immediate danger, call the Police (dial 9-1-1). The police are trained to deal with domestic violence. In some cases, they will arrest* the abuser. This is considered the best way to immediately halt the violence. Even if they do not arrest the abuser, they will keep a record of event. This record can be used later in a legal action. You can also call a "hotline." A "hotline" is a telephone number for people to call who are being abused. The call is usually free. You can call anytime, day or night. The people who answer the telephone are trained to help you. They will not tell the abuser you have called. They will give you information about how to deal with a violent situation. They will also give you information about your rights. (See Resources below.) You do not have to stay in a home where you are being abused. You can go to a shelter. Shelters are places where you and your children can stay temporarily. Shelters will not tell the abuser you are there. Shelters have counselors who can help you decide what to do about the abuse. They can give you information about programs that will help you if you decided to leave your abuser. (See Resources below.) You can get protection in Maine Courts. You can get an Order from the Maine Court to protect you from being abused by a family member, a household member, or a sexual partner. If you are responsible for a minor child, you can ask for an Order on behalf of the child. If you are both being abused, you can ask the Court to give an order that will protect both of you. Getting help from the Maine Courts. Go to the District Court (See Government):
Go to the clerk's office and ask for a Protection from Abuse Complaint* form. You can fill out the form at the courthouse or take it with you to fill out somewhere else. If you do not feel completely comfortable with English, you have the right to a free interpreter to help you communicate with the court clerk, and in Court. Tell the clerk that you want an interpreter. The Clerk can call a telephone interpreter service to help you understand the process of filing the Protection from Abuse Complaint. The clerk can also arrange for an interpreter to be available the next time you have to go back to Court. How long it takes to get a Court Order. If you need protection right away, check the box asking for a Temporary Order*. If the judge who reads your complaint agrees that you are in immediate and present danger*, she will give an order right away. The order will take effect as soon as it is served* (See below – What Happens after the Complaint if Filed) on the defendant*. If the judge does not give a temporary order, you will still have the chance to get an order later, after a court hearing. After you file your complaint. If the judge gave a Temporary Order, the clerk will ask a police officer or deputy sheriff to serve the Complaint and Temporary Order and Notice of Hearing* on the Defendant. The clerk should also give you copies of these papers. The Court must schedule a hearing within 21 days. The Notice of Hearing will tell you the date and time. If the judge denies the Temporary Order after talking to you, the clerk will fill out a Summons and tell you how to get the other party served with the court papers. This costs money. If you cannot afford the service fee, tell the clerk. She will give you an Application to Proceed Without Payment of Fees* and an Affidavit* form. This form asks for financial information. If the judge agrees that you cannot afford the cost of service, the fee will be waived*. The Court Hearing. You must go to the Court hearing. If you do not go, the Court will dismiss your case and your Temporary Order will end. What will happen in Court. At the hearing, you will be asking the judge to continue the Temporary Order for up to two years. To get this, you must prove that the Defendant has abused you (or your child) in at least one of these ways:
After the hearing, the judge will decide whether to extend your Order. If she does, then there will be questions about what to include in the Order. The Order will usually:
Protections for Noncitizen Survivors of Domestic Abuse If you are undocumented or have only temporary immigration status, but your (or your child's) abuser is a U.S. citizen or permanent resident (has his "green card"), you may be able to file paperwork with the Immigration Service to get permanent residency. You must be married to the abuser, or the marriage must have ended less than two years ago. Both physical and psychological/emotional abuse may make you eligible. Your abuser is not part of the process – you can file the paperwork without his help and without his knowledge. If your abuser is not a U.S. citizen or permanent resident, or if you were never married to him, you still may be able to get legal status on your own in certain cases. This may even be true if you somehow are put in deportation proceedings (for example, if Immigration does a workplace inspection and finds you there), as long as you have already lived in the U.S. for at least three years. You may have to prove the "good faith" of your relationship with the abuser. This means that you were not with him just so that you could get your "green card" through the relationship. Photographs of you and the abuser together, letters that you may have written to each other before you began living together, bills in both of your names, joint insurance policies etc., can be used to prove the good faith of the relationship. If you leave the abuser, whenever possible, try to take photos and other documents that might help prove the good faith of your relationship with him. These cases are very complicated. Always get an immigration advocate experienced in representing noncitizen domestic violence survivors to help you. Even if you are working with a family law attorney or with a domestic violence shelter or intervention program, you should have an immigration advocate work on the immigration issues. Your immigration advocate will work closely with your other advocates. Resources For immediate help, support, or advice, call the nearest Domestic Violence prevention program Hotline day or night, toll-free or collect: Abused Women's Advocacy Project P.O. Box 713 Auburn, ME 04210 Business #: 784-3995 or 786-8854 Hotline/Crisis #: 795-4020 Toll Free #: 1-800-559-2927 Family Violence Project P.O. Box 304 Augusta, ME 04330 Business #: 623-8637 Hotline/Crisis #: 623-3569 Toll Free #: 1-877-890-7788 Spruce Run P.O. Box 653 Bangor, ME 04402 Business #: 945-5102 Hotline/Crisis #: 947-0496 Toll Free #: 1-800-863-9909 Womancare P.O. Box 192 Dover-Foxcroft, ME 04426 Business #: 564-8165 Hotline/Crisis #: 564-8165 Toll Free #: 1-888-564-8165 The Next Step P.O. Box 1465 Ellsworth, ME 04605 Business #: 667-0176 Hotline/Crisis #: 667-4606 Toll free #: 1-800-315-5579 The Next Step P.O. Box 303 Machias, ME 04654 Toll Free Hotline #: 1-888-604-8692 Family Crisis Services P.O. Box 704 Portland, ME 04104 Business #: 767-4952 Hotline/Crisis #: 874-1973 Toll Free #: 1-800-537-6066 Battered Women's Project 421 Main Street, Suite 2 Presque Isle, ME 04769 Business #: 764-2977 Hotline/Crisis #: 1-800-439-2323 New Hope For Women P.O. Box A Rockland, ME 04841-0773 Rockland Hotline and Business #: 594-2128 Toll free #: 1-800-522-3304 Belfast Area Hotline: 338-6569 Damariscotta Area Hotline: 563-2404 Caring Unlimited P.O. Box 590 Sanford, ME 04073 Business #: 490-3227 Hotline/Crisis #: 324-1802 Toll Free #: 1-800-239-7298 Low-income legal assistance: Augusta 39 Green Street P.O. Box 2429 Augusta, ME 04332 622-4731 Bangor 61 Main Street Bangor, ME 04401 942-8241 Lewiston 145 Lisbon Street Lewiston, ME 04240 784-1558 Machias 1 School Street Machias, ME 04654-1417 255-8656 Portland 88 Federal Street P.O. Box 547 Portland, ME 04112-0547 774-8211 Presque Isle 373 Main Street Presque Isle, ME 04769 764-4349 More information: Information Guide for Abused Women in Maine Ask for copy at a Domestic Violence Project, listed above. Protection from Abuse: How the Law Works in Maine http://www.ptla.org/cliented/pfa.htm Domestic Violence Safety Plan http://www.newhopeforwomen.org/safety.html Immigration Legal Aid in Maine Immigrant Legal Advocacy Project 309 Cumberland Avenue, Suite 201 Portland, Maine 04101 207-780-1593 or 1-800-497-8505 info@ilapmaine.org Services are free or low-fee depending on income Walk-in consultations with an immigration lawyer are available every Friday. Call for hours. Private Immigration Lawyers: See the "Immigration Law" listing under "Lawyers" in the Yellow Pages of the phone book. |