Can I get a Protection from Abuse Order if I am a survivor of sexual assault?
Pine Tree Legal Assistance helps survivors of sexual assault get PFA orders across the state of Maine. Contact your local sexual assault advocacy center to connect to our services!
Yes! Usually to get a Protection from Abuse (PFA) Order, the abuser and survivor need to be family or household members or dating partners.
That is NOT true with sexual assault survivors. No matter who sexually assaulted you, you can file for a PFA against them. They do not need to be related to you or someone you dated.
How is sexual assault defined in Maine?
Pine Tree Legal Assistance helps survivors of sexual assault get PFA orders across the state of Maine. Contact your local sexual assault advocacy center to connect to our services!
The definition of sexual assault in Maine law includes many nonconsensual sexual acts.
Sexual assaults include nonconsensual sexual touching. This is defined as touching the:
- breasts
- buttocks
- groin
- inner thigh
- directly or through clothing, when done for a sexual purpose.
There are many protections when the survivor was assaulted by someone who was supposed to supervise or care for them. For example:
- a student,
- a patient, or
- a child
There are also many protections for children. For example, for the most part, any sexual act with a child under 14 is considered a sexual assault. A child under 14 cannot consent to sexual acts.
In addition, there are certain acts that are considered sexual acts when done to the child, like:
- exposing genitals to the child,
- watching or recording certain parts of a child’s body, or
- displaying sexually explicit materials (like pornography) to a child
- for a sexual purpose.
If something sexual happened to you that made you uncomfortable, you can talk to your local sexual assault agency. The agency can help you decide if you want to speak with an attorney or take legal action.
Learn more about consent means in our article Maine Sexual Assault Resources: Consent and Maine Law.
How do I file for a Protection from Abuse Order?
Pine Tree Legal Assistance helps survivors of sexual assault get PFA orders across the state of Maine. Contact your local sexual assault advocacy center to connect to our services!
Where do I go to ask for an order?
You can go to the District Court:
- where you live, or
- where the person who abused you lives, or
- where you have gone to escape the abuse
If that judge is not available, another Court can issue an order.
Get a list of Maine District Courts.
NOTE: If you have moved to escape your abuser, and you file your complaint in the county where you are now living, your abuser will know, from the court papers, which county you live in.
How much will it cost?
There are no court fees.
What do I do first?
Fill out the court forms. You can get interactive forms online or go to the court clerk's office and ask for a Protection from Abuse forms packet. If you have trouble understanding the forms, ask the court clerk, a friend, or a sexual assault advocate for help.
Statewide Sexual Assault Advocates may be able to help you.
How do I fill out the Complaint form?
Fill out the form as completely as you can. You are the Plaintiff and the person who abused you is the Defendant. If you are bringing the complaint for your child, list yourself as Plaintiff "on behalf of" your child. If both of you have been abused, say that you are complaining on behalf of yourself and your child.
When you describe the sexual assault, you may not want to go into a lot of detail. Instead, briefly describe who the Defendant is and what happened.
If you also experienced domestic violence acts by the same Defendant, like threats, physical assaults, and harassing behavior, describe this with as much detail as you remember.
Example: "On June 20 of this year John Doe slapped me on the face. Then he kicked me on the legs causing bruises. The next day he told me he would kill my cat if I tell anyone or don't do as he says."
If the Defendant has contacted you multiple times or followed you, you should also describe those things in as much detail as possible.
In the last section of the form, where you are asking the Court to give certain orders, be sure to check all of the boxes that apply to you. You can change your mind later and drop any requests. But if you leave any boxes unchecked, the Judge may not let you ask for those things later on (because the Defendant was not put on notice).
For more detail on the PFA process, read our full article: Protection from Abuse: How the law works in Maine.
What will the process look like to get a Protection from Abuse Order? Will I need to testify?
Pine Tree Legal Assistance helps survivors of sexual assault get PFA orders across the state of Maine. Contact your local sexual assault advocacy center to connect to our services!
Once you file your Complaint, a judge will review it and decide if they are going to issue a temporary PFA. The judge may come out to talk to you about why you are filing your PFA. The temporary PFA often says that the Defendant cannot contact you once they are served with your Complaint until your hearing date.
On your hearing date, in most courts, there is a “docket call” in the morning. The docket call is the time when the judge calls each case that is set for hearing that day to see who is at court. If the Defendant does not come to court, the judge will usually enter a “default order.” This usually means they will grant your request to issue a PFA.
If the Defendant is there, the judge may ask you to try and come to an agreement through an advocate or attorney. If during these negotiations you feel you are not being treated respectfully or you feel uncomfortable, you can request a hearing with a judge.
If you have a hearing, the judge will be trying to decide whether it is more likely than not that sexual assault happened. You will want to describe how you know the Defendant. At the hearing, you will now want to go into more detail about what happened.
If the Defendant also contacted you repeatedly, followed you, threatened you, or physically abused you in other ways, you should describe those to the judge as well.
For more detail on the PFA process, read our full article: Protection from Abuse: How the law works in Maine.
Are there any support services available to help me with the process?
Pine Tree Legal Assistance helps survivors of sexual assault get PFA orders across the state of Maine. Contact your local sexual assault advocacy center to connect to our services!
Yes, there are sexual assault agencies here to the support you statewide. They offer sexual assault advocacy (meeting with you, going with you to meetings and court), sexual assault support groups, and many other support and advocacy services.
There is also the statewide sexual assault hotline: 1-800-871-7741
August 2017