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Protection From Abuse Or Harassment

Facing a complaint or want to file one? 

Commonly called Restraining Orders, Protection from Abuse (PFA) or Protection from Harassment (PFH) Orders can have significant negative consequences for those facing them or provide substantial protection for those seeking them.  Our attorneys have extensive experience on both sides of the coin - giving you valuable insight in facing or pursing one of these orders.

Protection From Abuse

A PFA as it is called in Maine, this is the order you seek if you are looking to prevent further "abuse" from another.  Abuse is defined in a very complex way.  Click here for the exact statutory definitions under the law.

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If you are the one seeking protection, you will be the plaintiff.  You will have the burden of producing evidence and persuading a judge that you have met every element necessary to prove your case.  This often can be difficult because of the rules of evidence and the civil rules of procedure.  Think you can just show up with a bunch of text messages and social media posts and walk away with an order?  Don't bet on it. While such evidence may come in, an experienced lawyer can help you navigate the law and rules so that you are successful when you go to court - or better yet, before you even file anything. Call us today so we can review your case and see if we can help.

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If you are unlucky enough to be on the receiving end of a PFA, you will be the defendant.  Just as above, it will be the plaintiff that bears the burden of proving their case and that can often be difficult.  But do not mistake that with impossible and do not take these cases lightly.  If you lose a PFA hearing and there is a finding of abuse, that will go on your record.  Furthermore, you may be prohibited from many activities, including contact with certain people, returning to your home and even have a parental rights order regarding your children and child support ordered against you.  These are big, life changing events that can happen quickly.  Moreover, if you violate a PFA order in any way, you may be arrested and charged with a misdemeanor.  The court does not take violations of PFAs lightly and you can expect to spend some time in jail.  Do not handle one of these cases on your own.  Call us today so we can review your case and see if we can help.

Protection From Harassment

A PFH as it is called in Maine, this is the order you seek if you are looking to prevent further "harassment" from another.  Harassment is defined in a very complex way.  Click here for the exact statutory definitions under the law.

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If you are the one seeking protection, you will be the plaintiff.  You will have the burden of producing evidence and persuading a judge that you have met every element necessary to prove your case.  This often can be difficult because of the rules of evidence and the civil rules of procedure.  Think you can just show up with a bunch of text messages and social media posts and walk away with an order?  Don't bet on it. While such evidence may come in, an experienced lawyer can help you navigate the law and rules so that you are successful when you go to court - or better yet, before you even file anything. Call us today so we can review your case and see if we can help.

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If you are unlucky enough to be  on the receiving end of a PFH, you will be the defendant.  Just as above, it will be the plaintiff that bears the burden of proving their case and that can often be difficult.  But do not mistake that with impossible and do not take these cases lightly.  If you lose a PFH hearing and there is a finding of harassment, that will go on your record.  Furthermore, you may be prohibited from many activities, including contact with certain people, returning to your home and even paying damages to the plaintiff.  These are big, life changing events that can happen quickly.  Moreover, if you violate a PFH order in any way, you may be arrested and charged with a misdemeanor.  The court does not take violations of PFHs lightly and you can expect to spend some time in jail.  Do not handle one of these cases on your own.  Call us today so we can review your case and see if we can help.

Good News For Both Sides

If one or both sides in a PFA or PFH hire a lawyer, there is a good chance that the case may be settled without a hearing in front of a judge.  Often these cases can be negotiated so that both sides are relatively pleased with the outcome. This has the added benefit that both sides can avoid the extremely emotional and stressful situation of testifying against one another, dragging in family or friends, and time and energy a court hearing takes. While it is stressful beginning one of these cases or defending against them, a well qualified attorney can take a lot of that burden off your shoulders.  As a general rule, it is well worth going to the expense of hiring a lawyer for these case types.  Do not hesitate and call us today. 

©2023 by McKenna PLLC. 

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DISCLAIMER

The materials on this site are provided for informational purposes only, do not constitute legal advice, and are not guaranteed to be correct, complete, or up-to-date.

This site is not intended to create an attorney-client relationship between you and McKenna PLLC, and you should not act or rely on any information in this site without seeking the advice of an attorney. Any communication with us does not create an attorney-client relationship.

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