How to Get a Restraining Order in Maine: Process, Proof & Timeline

In Maine, a civil restraining order against an abuser is called a Protection from Abuse (PFA) order, and it's handled in District Court under Title 19-A, Chapter 103. You can ask for an emergency ("temporary") order the same day you file if you're in immediate and present danger, and by law the court must hold a full hearing on your complaint within 21 days of filing. There's no filing fee. Below is how the process works, who qualifies, what proof you need, and what the order can and can't do.

What a Protection from Abuse order is

Maine's protection order statute lives in Title 19-A, Chapter 103. It creates a civil (non-criminal) court order that can require an abuser to stay away from you, stop contacting you, move out of a shared home, and more. Filing for a PFA does not require you to also file criminal charges — the two processes are separate, though abuse can be both a crime and grounds for a civil order.

Who can file for a PFA order in Maine

Under Me. Rev. Stat. tit. 19-A, § 4103, you may be eligible to file if you are or were:

• A family or household member of the person abusing you
• A current or former dating partner
• Related to the person by consanguinity (blood) or affinity (marriage)

Separately, you can also qualify regardless of your relationship to the other person if you are a victim of stalking, of a crime under Title 17-A, Chapter 11 (which includes sexual assault offenses), of sex trafficking, or of unauthorized dissemination of private images (commonly called "revenge porn"). Because eligibility categories and their exact definitions are technical, confirm which one applies to your situation with the court or a legal-aid intake worker when you file.

What you can do in Maine: step-by-step

1. Get the forms. The Maine Judicial Branch publishes a Protection from Abuse packet you can download, fill out, and print. You can file it in person at the courthouse or, in some cases, by U.S. mail.
2. Decide where to file. Complaints are filed in the District Court division where you live or where the person you're filing against lives. If you left your home because of the abuse, you can file in the division covering either your prior residence or your new one.
3. Ask for a temporary order, if you're in danger now. If you can show "good cause" — and immediate and present danger of abuse to you or a minor child counts as good cause — a judge can issue a temporary order the same day, without the other person present (ex parte). That temporary order stays in effect until your full hearing.
4. Attend the hearing. By law, the court must hold a hearing (or give an opportunity for one) within 21 days of when you filed. This is a firm, time-sensitive deadline built into the statute — mark it on your calendar as soon as you file.
5. Prove your case. At the hearing, you have to prove the abuse allegation by a "preponderance of the evidence" — meaning it's more likely than not that it happened. This is a lower bar than the "beyond a reasonable doubt" standard used in criminal cases. Bring any evidence you have: messages, photos, medical records, police reports, or witnesses.
6. Get the final order, if the judge grants it. A final Protection from Abuse order can last up to two years, and the court can extend or reinstate it later if needed.

What the order can include

Under Me. Rev. Stat. tit. 19-A, § 4110, a Maine judge has broad discretion to fashion relief, which can include:

• A no-contact requirement
• An order excluding the defendant from your shared residence
• A firearm prohibition
• Temporary parental rights and responsibilities (custody/contact arrangements) for any minor children while the order is in effect
• Financial support
• Other relief the court finds necessary

Note that a PFA's temporary parental-rights provisions are meant to cover the period the order is active. Longer-term custody arrangements are ultimately handled under Maine's general parental rights and responsibilities statute, Title 19-A, § 1653 — if you and the other parent need an ongoing custody order beyond what the PFA covers, ask the court how the two proceedings interact, since the specific mechanics can depend on your case.

Cost, and how long it takes

There is no court filing fee and no fee for having the order served on the defendant in Maine protection-from-abuse cases. That said, the 21-day hearing deadline is a maximum, not a guarantee of speed — some cases may move faster if a temporary order is already protecting you, but you should not assume the hearing will happen sooner than the statutory deadline requires. If your situation changes before the hearing (for example, new threats or contact), tell the court right away; don't wait for the scheduled date.

What happens if the order is violated

Violating a Maine Protection from Abuse order is a crime, not just a civil violation. If the other person contacts you, comes to a prohibited location, or otherwise breaks the order's terms, call law enforcement and report it — you don't have to go back to civil court to get a violation addressed criminally.

Does a Maine order protect you if you leave the state?

Yes. Under the federal Violence Against Women Act (18 U.S.C. § 2265), a valid protection order issued in Maine must be recognized and enforced in every other state, tribe, and U.S. territory, just as if it had been issued there. Federal law also makes it a separate federal crime for someone to cross state lines to stalk a partner or to violate a protection order (18 U.S.C. §§ 2261A, 2262). Keep a certified copy of your order with you if you travel or relocate, since some out-of-state law enforcement officers may want to see it even though recognition is automatic.

Time-sensitive points to flag

• Immediate danger: you can request a same-day, ex parte temporary order if you're in immediate and present danger — you don't have to wait for a scheduled hearing to get initial protection.
• 21-day hearing deadline: the law requires your hearing within 21 days of filing — track this date carefully.
• Two-year cap on final orders: a final order is good for up to two years and does not renew automatically; you'll need to ask the court to extend or reinstate it before it expires if you still need protection.

Key takeaways

Maine's process is designed to be usable without a lawyer, with free forms, no filing fee, and a same-day option for emergencies. But the specific facts of your situation — which eligibility category applies, what evidence you'll need, and how a PFA interacts with any separate custody case — can vary. When in doubt, contact your local District Court clerk's office or a Maine legal-aid organization before your hearing date.

This article is general information, not legal advice for your specific situation; confirm current forms, deadlines, and procedures with your Maine District Court or a licensed Maine attorney.