Maine Protection Orders and Family Matters during COVID-19 FAQ

Posted and up-to-date on 9/19/2022

Introduction

Many COVID-19 pandemic safety rules have been changed or lifted, but some court meetings are still being held remotely. When in doubt, you should always check the notice you get for your court date. Here are some common things to be aware of as we transition out of the pandemic.  

Do I need to wear a mask in court?

Maybe. Maybe not. At any point the Court can require masks, particularly if a new strain of COVID-19 arises. To be on the safe side, bring a mask to any in person court date so you are not turned away at the door. You only need to wear it if you would like to, or if court personnel ask you to.  

I have a court order that says my kids spend time with me and the other parent. Should we follow it?

Yes.

But if your child is exposed to COVID-19 and you have shared parental rights, you should communicate with the other parent to best arrange for your child to quarantine. Talk with your pediatrician and look to CDC recommendations to figure out if quarantining is in your child’s best interest. In some cases, you and the other parent may agree that your child should quarantine even though it would mean that one parent does not get their scheduled time with the child during the quarantine period.  

Can I file a motion to change or enforce my court order?

Yes, you can. The courts are processing family law cases, and you can file like you would have pre-COVID.

Is my court date in person or by video/telephone?

When in doubt, check your notice from the court! Each court notice says whether the court date is in person, over zoom, or over telephone. You can always call and ask the clerks if you’re not sure. 

I want my court date to be remote. What can I do?

  • You must write a letter to the court telling the Judge that there are special reasons why your case should be remote.
  • You must put your email address and the other side’s email address on the paper (if you know it).
  • You must also send a copy of your letter to the other side at least 14 days before your court date.
  • If you disagree with a request by the other side for an in-person hearing, then you have 7 days to let the court know.
  • If the Judge believes the person requesting the remote hearing has shown “good cause” the request will likely be granted.
  • The Judge will consider the health and safety of the court staff, parties, and witnesses; the ability of everyone to participate remotely; courtroom space, technology assistance, and clerical assistance.

I want my court date to be in person. What can I do?

  • You must write a letter to the court telling the Judge that there are special reasons why your case should be in-person.
  • You must put your email address and the other side’s email address on the paper (if you know it).
  • You must also send a copy of your letter to the other side at least 14 days before your court date.
  • If you disagree with a request by the other side for an in-person hearing, then you have 7 days to let the court know.
  • If the Judge believes the person requesting the in-person hearing has shown “good cause” the request will likely be granted.
  • The Judge will consider the health and safety of the court staff, parties, and witnesses; the ability of everyone to participate remotely; courtroom space, technology assistance, and clerical assistance.

 

I would like my Protection from Abuse or Protection from Harassment case to be by video or telephone. What do I do?

  • Write a letter to the Judge telling the Judge why you do not want to come to court in person.
  • You must write this letter and give it to the court at least 10 days before your court date.
  • Write your email address on the letter.
  • Write the other party’s email address on the letter (if you know it)
  • Send a copy of your letter to the other side.
  • The other side has a chance to respond to you within 5 days.
  • If the Judge believes you have shown “good cause” your request will likely be granted.
  • The Judge will consider the health and safety of the court staff, parties, and witnesses; the ability everyone to participate remotely; courtroom space, technology assistance, and clerical assistance.
  • Unless there are extraordinary reasons, the court will not allow some parties to appear in person and others to appear by video/telephone.

 

I do not want to give my email address to the Defendant in my Protection from Abuse or Protection from Harassment case. What can I do?

  • If you believe health, safety, or liberty of you or a minor child would be jeopardized by giving your email address out, you should give your email address to the court and not to the Defendant.
  • You can then ask the court clerk for an Affidavit for Confidential Address (PA-015) to fill out to request that your email address be sealed by the court according to Maine law.

 

My court date is by zoom or telephone. What do I do?

  • If your case is by telephone, the court will mail you a phone number and passcode before your court date.
  • If your case is by zoom or google meets, the court will email you log in information and directions before your court date.

 

I have evidence I want the Judge to see. How do I show it to them if I am on the telephone/video?

  1. At least 7 days before your hearing (not protection from abuse or protection from harassment hearings) you must mark your evidence (number it 1, 2, 3, 4….) and write (Plaintiff or Defendant) on it, depending on which one you are in the case.
  2. Once you have marked your evidence you must provide a copy of it to the other side and to the court.
  3. In Protection from Abuse and Protection from Harassment cases you must give a copy of your exhibits to the other side 2 days before your court date.

 

I don’t know how to do this and don’t have a lawyer. Will the Judge cut me some slack?

You will be held to the same standard as an attorney. The court will not give you any special treatment because you do not have an attorney.  All court rules of procedure and process, including the rules of evidence, apply during remote hearings and conferences.

 

Do I have to dress up and behave the way I would in the court room if I’m on the telephone or video?

Yes, you need to behave and act as if you would if you were in person in the court room.

 

I have witnesses I want to testify during my virtual hearing. What do they need to do?

Each witness must be alone in a quiet room while testifying, may not use a virtual background, and MUST turn off all electronic devices except for the video/phone they are using to speak to the court.   

 

Can I email documents to the court instead of bringing them in person?

As of June 7, 2021, parties are no longer able to file documents by email, with the exception of:

  • Documents filed in protection from harassment and protection from abuse cases. Call your court for the correct email address to send these documents. Courts will have different email addresses and it’s important you send your documents to the right court.
  • Proposed court orders, which must be sent to proposedorders@courts.maine.gov
  • Mediation reports
  • Guardian ad litem reports

When you file these documents, be sure to attach the Cover Sheet for Email Filing in PFA or PFH cases (PA-030). The subject line of your email should include the docket number of your case. If there is no docket number, include the names of the parties in the case, for example, Avery Doe v. Casey Doe.