The bad relationship you are in is not what you wanted in life. In your opinion, your partner is simply abusive. You may feel threatened and scared. If you have kids, you want to make sure they are safe. You may be wondering, can I get a Protection from Abuse Order (PFA) in Maine on behalf of my child?
From time to time I receive this question (can I get a Protection from Abuse Order (PFA) in Maine on behalf of my child?) from prospective clients. The short answer is Yes, in the State of Maine, you can obtain a Protection From Abuse Order (PFA) to protect your child from an abuser if you are that child’s parent or legal guardian. Even if you are not being abused yourself, as a responsible parent or legal guardian, you are empowered to obtain a Protection from Abuse (PFA) on the minor child’s behalf.
One of the best things that you can do for your child in an abusive situation is to file a PFA on your child’s behalf.
Some additional information is important to know, especially to see if your situation qualifies for a PFA. Regardless of your circumstances, it is always helpful to speak with an attorney to help you understand your rights. The elements of a PFA request include:
- An Abusive situation must exist in the household – Even when you are bringing a PFA to protect your child, there must be “abuse” found to be between family or household members and your child. In order for your PFA to be granted in accordance with Maine’s PFA Law, the person abusing your child must be a family or household member with you and/or your child. In most protection from abuse cases in Maine, the abuser is a parent, family member, or person that has lived with you and your child.
- Abusive conduct as defined by statute must have occurred – The abuser’s conduct toward your child must meet the legal definition “abuse” contained within Protection From Abuse Orders. Common types of “abuse” include causing bodily injury, offensive physical contact, sexual assaults, attempting to place your child in fear, threatening your child, forcing your child to do unwanted things, restricting the movements of your child, or moving them a substantial distance against you and your child’s will. Of course, every situation is different, but it is important that the conduct be “abuse” for a successful PFA.
If a Judge believes the abuser’s conduct rises to the legal definition of “abuse,” the Court will issue a temporary (21 day) protection order. This temporary order often prohibits the abuser from having contact with your child, offering some relief from that abuse.
It is often helpful to speak with a lawyer and to hire a lawyer’s services early in the process. A lawyer can help you complete a PFA Complaint for you on behalf of your child, increasing the chances that a temporary order will be issued, and increasing the chances that your Complaint will stand up at the PFA Hearing.
Our committed legal team is determined to take immediate action to help assure the safety of your family. If you or someone you know is considering requesting a PFA order in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced family law attorney. We will take the time to answer your questions and to put your mind at ease as we work with you to determine a legal strategy.
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If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
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