Maine § 15 §321 Protective orders in crimes between family members

Maine Statutes

§ 15 §321 — Protective orders in crimes between family members

Maine·Title 15 COURT PROCEDURE -- CRIMINAL·Part 1 CRIMINAL PROCEDURE GENERALLY·Ch. 12-A CRIMES BETWEEN FAMILY MEMBERS

1.Definition. For purposes of this section, "family or household members" means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of any household member when the offender is an adult household member. Holding oneself out to be a spouse is not necessary to constitute "living as spouses."

2.Grounds for order. The court may issue a protective order if:

3.Scope of order. A protective order may be a condition of release. It may require the offender:

4.Issuance of order. The clerk may issue, without fee, a copy of a protective order, amendment or revocation to the offender, the victim and to the law e

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1.
Definition.
For purposes of this section, "family or household members" means spouses or domestic partners or former spouses or former domestic partners, individuals presently or formerly living as spouses, natural parents of the same child, adult household members related by consanguinity or affinity or minor children of any household member when the offender is an adult household member. Holding oneself out to be a spouse is not necessary to constitute "living as spouses."
2.
Grounds for order.
The court may issue a protective order if:
3.
Scope of order.
A protective order may be a condition of release. It may require the offender:
4.
Issuance of order.
The clerk may issue, without fee, a copy of a protective order, amendment or revocation to the offender, the victim and to the law enforcement agencies most likely to enforce it as determined by the court.
5.
Appeal.
A court decision may be appealed as provided by the Maine Rules of Civil Procedure.
6.
Penalty.
Violation of a protective order or of any similar order issued by any court of the United States or of any other state, territory, commonwealth or tribe, when the person has prior actual notice of the order, is a Class D crime. Notwithstanding any statutory provision to the contrary, an arrest for violation of a protective order may be without warrant upon probable cause whether or not the violation is committed in the presence of the law enforcement officer. The law enforcement officer may verify, if necessary, the existence of a protective order by telephone or radio communication with a law enforcement agency with knowledge of the order.

Maine § 15 §321 (Protective orders in crimes between family members) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1983, c. 619 (NEW). PL 1989, c. 372, §1 (AMD). PL 1995, c. 469, §§1,2 (AMD). PL 2003, c. 672, §1 (AMD). PL 2017, c. 402, Pt. C, §31 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2021, c. 567, §7 (AMD). PL 2023, c. 405, Pt. A, §32 (AMD).