Silent No More

(Information in this section does not constitute legal advice. Please seek legal advice from a lawyer)

WHAT’S THE DIFFERENCE?
• Protection from Abuse (PFA) – The defendant must be either related to you or the two of you were in a Sexual Relationship at one time.
• Protection from Harassment (PFH) – There must be three incidents of “harassment” from the defendant unless you are filing due to a Sexual Assault.

WHERE TO GET AN ORDER?
You can get a PFA or PFH at the District Court:
• Where you live, or
• Where the person who abused you lives, or
• Where you have gone to escape the abuse

HOW MUCH DOES IT COST?
• An order does not carry any court fees.
• If the Judge does grant the temporary order, there is no fee for serving the order.
• If the Judge does not grant a temporary order, A Service Fee of $60.00 is paid to the Civil Department of the Sheriff’s office.
• If the Defendant lives in the town that the Court is in (such as Augusta). The Local Law Enforcement Agency will serve the Defendant at no charge.

HOW DO I FILL OUT THE COMPLAINT FORM?
• You are the Plaintiff and your abuser is the Defendant. If you are completing this form on behalf of a minor child (ages birth to 17), check the box “on behalf of”. If both you and your child are being abused put your child’s name under the line “individually and on behalf of”.
• You should fill out the form as completely as possible.
• Use as much detail as possible to describe the abuse (i.e. “On June 23, 2009 John Doe punched me in the face, causing a black eye. He told me that he would take our child if I don’t listen to him.”)
• In the last section of the form, check all boxes that apply to you. If any boxes that apply are not checked, the Judge may not allow you to ask for those remedies in the future.
• Do not sign the form until you are in front of the clerk so that they can witness your signature.
• For help in filling out these forms regarding a sexual assault, you can be accompanied by someone from the Sexual Assault Crisis & Support Center.

DO I HAVE TO LET THE DEFENDANT KNOW WHERE I AM LIVING?
If you do not wish to have the Defendant know about your whereabouts, on the line that asks for your name and address, write your name only. You will need to request an Affidavit for Confidential Address form from the clerk. On the form, be sure to explain why your address must be kept private. This form must be submitted with your other papers.
*Let the clerk know if your address changes before your case is done.

HOW LONG DOES IT TAKE TO GET AN ORDER?
If you need protection immediately, check the box on the complaint for a temporary order. If the Judge agrees that you (or child you are requesting on behalf of) are in immediate and present danger, a temporary order will be awarded right away. The order will take effect once it is served on the Defendant. If the Judge does not grant a temporary order, you will still have an opportunity to get an order at the hearing.

WHAT HAPPENS AFTER I COMPLETE THE COMPLAINT?
• Once the complaint is completed and is notarized (by the clerk, a notary public or a lawyer), you return it to the clerk. The clerk may ask that you fill out a Protection Order Service Information form, which will identify for the police or sheriff where the Defendant can be served.
• A hearing date will be scheduled within 21 days.
• If you are granted a Temporary Order, the police or sheriff will serve the Complaint, Temporary Order and Notice of Hearing to the Defendant. If there is no Temporary Order issued, the clerk will fill out a Summons, which lists the date and time your Complaint will be heard.
• You will be given copies of all the applicable documents. You will need to take two copies of each to the police department or sheriff’s office, to have the Defendant served.
• Please Note – The Order is not in effect until the Defendant has been served. Please take safety precautions that are appropriate for your situation. You may call the Law Enforcement Agency responsible for service to find out when or if it has been served.
• Prior to the hearing date, you will want to check in with the police or sheriff to ensure they have sent a Return of Service back to the Court. This lets the Court know that the Defendant is aware of the hearing date and time. The Court is unable to hold a hearing if the Defendant has not been notified.

DOES THE DEFENDANT SEE WHAT I WRITE IN THE COMPLAINT?
When the Defendant is served, he/she will receive a copy of the Complaint form you completed.

WHAT IF THE DEFENDANT DOESN’T LIVE IN MAINE?
• If the Defendant lives out of state, the court can order out-of-state service on him/her. You will need to mail two copies of all documents to the local law enforcement agency where the Defendant can be served and ask that they send the Return of Service back to the District Court before the hearing date.
• You will want to call the Court prior to the hearing date to ensure they have received the Return of Service.

DO I NEED TO GO TO THE COURT HEARING?
Yes. If you do not go to the hearing, the Court will dismiss your Complaint and Temporary Order (if one was issued) will end.

SHOULD I STILL GO TO THE HEARING IF I KNOW THE DEFENDANT HAS NOT BEEN SERVED?
• You should still show up at the Court for the scheduled hearing. The Judge will postpone (continue) the hearing and set a new date for your Complaint to be heard. It is possible for this to occur a few times before the Defendant is served.
• If the Defendant is unable to be located after 90 days, your Complaint may be dismissed. If you still need the protection, you may file another Complaint when the Defendant can be located.

HOW DO I PREPARE FOR THE COURT HEARING?
• Decide whether you would like to be represented by an attorney.
o While many Protection from Abuse cases are handled without an attorney, you may feel more comfortable with representation. If there are complicated issued involved or you believe the Defendant may hire an attorney, you may want to look into it. Either way, the decision is completely yours.
• Prepare your testimony.
o You will be asked to provide information that the Defendant has abused you or your child in one or more ways:
 Sexually assaulting you
 Attempting to cause you harm or fear harm through threats, harassment or tormenting behavior
 Using force, threats or intimidation to get you to engage in actions you have the right not to do (i.e. waiting on the Defendant when you need to sleep) or not doing something you have the right to do (i.e. talking with your friends or leaving the house)
 Repeatedly, with no good reason, following you or being at or near your home, school or place of work.
 Scaring you through threats of serious violence towards yourself or someone else
 Kidnapping you or your child
• Decide if you would like to call witnesses.
o If there are people who have witnessed or heard the abuse, you may want to ask them to testify.
o You have the right to subpoena witnesses. You can get a subpoena from the Clerk. However, it may not be a good idea to subpoena a witness who does not want to come unless you are confident that person will be honest and help your case.
o Witnesses can only testify to what they, themselves heard or saw.
o If you are seeking protection on behalf of a child, you may consider testimony from a professional who has treated your child.
• Decide if there is any documentation you would like to use as evidence.
o A medical report documenting injuries may be helpful; make sure you ask the hospital/doctor to certify it first. Many documents contain out-of-court statements which are not admissible in court; most police reports fall into this category.
o A letter from the defendant which is threatening can be used.
o If you are unsure if a document will be allowed, bring it and the Judge will determine if they are allowed.
o Any documents you present as evidence will be put into the court file, so remember to make copies
• Decide what you would like the Court to order.
o Following the hearing, the Judge will decide whether to extend your Temporary Order. If the Order is extended, he/she will ask you what relief you are seeking. An Order typically:
 Order the defendant not to have any contact with you (direct or indirect);
 Order the defendant not to hurt or threaten you or any children in your home;
 Oder the defendant to stay away from your home, school, business or place of employment;
 Order the defendant not to follow or stalk you;
 Order the defendant not to possess guns or specified weapons;
 Grant temporary possession of the home to you or the defendant;
 Order the divide of personal property;
 Order the defendant not to take, convert or damage any property that is partially yours;
 Order the termination of any life insurance policy owned by the defendant and insuring the plaintiff, with a copy of the order to be sent to the insurer;
 State how long the order will be in effect (two year max)
o You are allowed to request additional relief, but you should be prepared to have evidence to support your request (i.e. you are asking for temporary support you should have a budget to show the Court the amount you need each month)

WHAT HAPPENS AT THE COURT HEARING?
• If the Defendant does not show up, then you may not have a hearing. If the original complaint meets the requirements for an order the Judge may grant the Order without a hearing.
• If the Defendant appears, the Judge will ask if the parties (the Plaintiff and the Defendant) would like to speak with a mediator from the local Domestic Violence Project (these are Advocates from the local DV project trained to do mediation for PFAs & PFHs).
• If the Defendant appears, he/she will be asked if they agree to the Order. If the Defendant agrees, the Judge will draft an Order and sign it with no findings of abuse or harassment.
• If the Defendant contests the Complaint, then you will have a hearing so the Judge may decide if there was abuse. Each witness will be sworn in; as the Plaintiff, you will testify first. This is your opportunity to tell the Judge your story. Be sure to be as specific as you can about the abuse. Then inform the Judge of the relief you are requesting and why, including the length of the order. If you have brought documents, ask the Judge to review them. At this time, you will be allowed to call any witnesses you brought. The Defendant has the right to question any witness, including you. The Defendant will have the same opportunities to testify and call witnesses. If he/she brings up new issues, you may testify again after the Defendant closes. After both sides have presented, the Judge will make a decision. If the Judge issues an Order, the Defendant will be served prior to leaving. You should get a copy of the Order too.
• The Clerk will send a copy of the Order to your local police or sheriff’s office.
• If you are issued an order, please make sure that you have one on you at all times, it does not have to be the original it can be a copy. Keep one in your car, purse, office, etc…

WHAT IF THE COURT DENIES MY REQUEST?
If the Court denies your request, you may:
• Appeal the decision. Keep in mind, however, grounds for an appeal are limited to “error of law” and “abuse of discretion”. You have 21 days to appeal. If you are looking to appeal a decision, you should seek legal counsel.
• Bring a new Complaint if the abuse continues.
• Contact the police if the Defendant has committed a new criminal act such as assault, criminal threatening/trespassing or stalking.
• Take steps to protect yourself. Go to a safe place.

WHAT IF THE DEFENDANT VIOLATES THE ORDER?
• Call the police immediately and inform them you have a Protection order and the Defendant has violated it. The officer must arrest the Defendant and does not need a warrant or to witness the violation.
• If the Defendant is prosecuted for crimes against you, the Victim Witness Advocate from the District Attorney’s Office will contact you.

Please remember – You do not have to do this alone, we will accompany you and help you along with this process. We can be reached through our Support line at 1-800-871-7741.