Domestic violence is a serious crime. All convictions for domestic violence include a term of probation and enrollment in a certified batters intervention course. A conviction for domestic violence will preclude you from owning or possessing a firearm for the remainder of your lifetime under federal law. Furthermore, a charge of domestic violence often leads to immediate removal and exclusion from the home. Many domestic violence charges are accompanied by the filing of a civil protection from abuse complaint.
Before agreeing to plead guilty or accept a “deal” on a domestic violence charge, speak with a qualified criminal defense attorney first about all of your options. A skilled defense attorney can negotiate an outcome that doesn’t include a conviction for a crime of domestic violence or if necessary, can craft an effective defense in the event the case has to go to trial.
Domestic Violence Assault
Under Maine law, a person is guilty of domestic violence assault if the victim is a family member or household member as defined by Maine law and the actor’s conduct results in bodily injury of offensive physical contact. Domestic violence doesn’t have to involve a family member or spouse. It includes relationships and prior relationships where a sexual relationship existed such as a boyfriend/girlfriend relationship. Domestic violence charges do not distinguish between “gay” or “straight” relationships.
Domestic Violence Terrorizing
A person is guilty of domestic violence terrorizing if that person in fact communicates to a household or family member as defined by Maine law, a threat to commit or to cause to be committed a crime of violence dangerous to human life. An example might be if you call your wife and say that “I’m coming home to kill you and the kids.” Even if you don’t actually act on the threat, if the person is placed in fear, you have committed a crime.
Domestic Violence Criminal Threatening
Under Maine law, if you make a threat of imminent bodily injury to a household or family member, you have committed the crime of domestic violence terrorizing.
Violation of a Protective Order
When a Court issues a Protection from Abuse (PFA) Order or a Temporary Protection from Abuse (PFA) Order, and you violate the terms of the Order, usually through contacting the “victim”, it is a class D misdemeanor. If the violation was for domestic violence assault that resulted in serious bodily injury or death, the violation is a class “C” felony.
It is important to keep in mind that prior convictions for domestic violence can result in the levying of felony domestic violence charges.
