A simple argument escalated into a fight. The fight simply got out of hand. The police were called and two officers responded to the scene. Now you are wondering, Is an arrest mandatory when police are called for domestic violence in Maine? [Read more…] about Is an arrest mandatory when police are called for domestic violence in Maine?
What is a CBIP in Maine?
The letters “CBIP” stand for “Certified Batterer’s Intervention Program.” I receive this question (What is a CBIP in Maine?) from clients who are facing domestic violence charges in Maine. Local organizations get “certified” by the State of Maine to offer a Certified Batterer’s Intervention Program.
The State of Maine recognizes that domestic abuse in the home has seriously negative effects on the victims, as well as on any children living in that household. Therefore, it is in the State’s interest to reduce the incidence of domestic abuse and domestic violence. The answer to the question (What is a CBIP in Maine?) is that a CBIP attempts to change the defendant’s behavior in order to prevent the domestic violence defendant from re-offending. In this way, just like the DEEP course is intended to prevent repeat drunk driving offenses, the CBIP attempts to reduce the likelihood that a domestic violence defendant will re-offend.
CBIP in a Sentence in Domestic Violence Cases
When you are convicted of domestic violence in Maine, the penalties can include fines and possibly jail time. Your criminal defense lawyer can argue for a plea bargain that includes a CBIP program. In many instances, the District Attorney will agree to a plea bargain that includes completing a CBIP course within a certain time frame.
If you are successful in completing the required CBIP on time, and you stay out of trouble, then you would get the benefit of the plea bargain. A common benefit is that the domestic violence charge gets dismissed. On the other hand, if you do not complete your CBIP on time, then you would not get the benefit of the plea bargain. In other words, if you do not take your CBIP, then you might end up getting convicted of the domestic violence charge.
CBIP Courses Required Along With Other Treatments
If you are required to take a CBIP course, and depending on the unique facts of the domestic violence case, you could also be required to take part in various related evaluation and/or treatment programs, including:
- Substance Abuse Evaluation
- Substance Abuse Treatment/ Counseling
- Anger Management Evaluation
- Anger Management Treatment/ Counseling
Where can I find a CBIP?
In Maine, there are several local organizations that have been “certified” by the State to offer batterer intervention courses. Here is a short list of organizations in Cumberland County, Maine and York County, Maine:
- Violence No More
- A Different Choice
- Choices
- Opportunity for Change
Usually, people choose take a CBIP program that is located closest to home.
How do I sign up for a CBIP?
You can sign up for a CBIP program by registering with the individual organization offering the CBIP program. For a complete list, please refer to the resource list provided by the State of Maine. For example, to sign up for a CBIP at Violence No More, you would contact the Violence No More program directly.
Our committed legal team is determined to take immediate action to seek a positive outcome for your unique case. If you or someone you know is charged with domestic violence in Maine, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense 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 defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed the answer to the question (What is a CBIP in Maine?), you may also want to read:
Can a simple push be considered domestic violence?
It was a fight, which got out of hand. In the heat of it you pushed your partner away. The neighbors called the police. In Maine, two officers usually respond to a domestic violence call. Once at the scene, each officer will talk to one of the parties, individually. As a part of the investigation process, the officers will look for evidence such as broken items in the home or bruises on a person. The officer’s will also interview witnesses to the scene to determine if a domestic violence assault occurred. The victim relates how a fight escalated and resulted in shoving and pushing. You are wondering, can a simple push be considered domestic violence?
The question (Can a simple push be considered domestic violence assault?) is one that comes up from time to time with my clients. Maine’s law for domestic violence assault states that when one intentionally, knowingly or recklessly causes bodily injury or offensive physical contact to another family or household member, then a domestic violence assault has occurred.
Even a slight use of force can be considered assault if it is offensive physical contact. So the answer to the question is yes, slight force actions like a push or a shove can qualify for domestic violence if it is offensive to the victim. Also when giving your statement, if you admit to shoving or pushing, that’s also evidence against you.
Can a simple push be considered domestic violence assault?
With domestic violence assault, there is specific evidence that needs to be substantiated for the state to convict you. Your best bet is to hire a criminal defense attorney to aggressively defend you against the charges. A criminal defense attorney can look at your unique situation and determine what points can be made questioning the veracity of the state’s case against you. Was the pushing or shoving intentional, or were you just trying to get away and out of an escalating bad argument to calm down? Was it self defense?
Fighting a domestic violence charge is serious business. It is important that you act quickly and wisely. One bad decision can impact your life. Having defense counsel to help you navigate the Maine legal system and assure there is minimal impact to your future, is a step in the right direction. There are proven strategies to defending Domestic Violence (DV) charges. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled Maine criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the first Domestic Violence Assault charge is due to an argument that should have never gone that far or a one-time mistake you did not mean, it is imperative that you contact our firm as quickly as possible after the arrest.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with domestic violence, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense 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 defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this answer to the question (Can a simple push be considered domestic violence assault?), you may also want to read:
- Maine Law: Protection from Abuse Orders
- Domestic Violence Assault in Maine
- Domestic Violence Criminal Threatening in Portland Maine
Is There A Way to Remove a No Contact Order (NCO) from my Bail Conditions in Maine?
The police arrested you for domestic violence, and you are just beginning to understand the repercussions. As my clients look to understand their bail conditions, the question (Is There A Way to Remove a No Contact Order (NCO) from my Bail Conditions in Maine?) is one I often hear from clients charged with violating one of Maine’s Domestic Violence Laws.
You need to be aware that being charged with a Domestic Violence crime in Maine triggers mandatory bail conditions. Those conditions are:
- A No Contact Order: You will need to avoid all contact with the alleged victim. This order bans any contact with the alleged victim by any means. You cannot have direct contact, such as facebook messaging, face to face discussions or phone calls. You also cannot have indirect contact through a friend or other third party. If the alleged victim tries to contact you, you cannot respond to them. No contact is what it says it is – No Contact.
- No use or possession of Alcohol or Illegal Drugs if the presence of either during the incident has been alleged.
- No possession of dangerous weapons, including all firearms
- Being subject to random searches and seizures of your person, home, and vehicle to assure that you are complying with you bail conditions
Once a “no contact” order has been issued as a condition of your bail, your DV Defense attorney can go to court and submit a motion to modify bail. The motion to modify bail will request said contact and show how and why there is cause to modify the no contact order. If the motion to modify bail is granted, you will be able to have contact under the new terms. There are no guarantees that requesting a modification of bail will end up being successful. In my experience, I have seen situations where due to child-care needs within a small young family, the no contact order was modified so that the offending parent could come home to help provide child-care.
In summary, the answer to the question (s There A Way to Remove a No Contact Order (NCO) from my Bail Conditions in Maine) is Yes. In Maine, your DV attorney needs to request a motion to modify bail.
If you or someone you know is charged with a domestic violence crime in Maine such as DV assault, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense 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 defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed reading this answer to the question (Is There A Way to Remove a No Contact Order (NCO) from my Bail Conditions in Maine), you may also want to read:
What if my spouse wants to drop the domestic violence charges?
As people we get mad. We lose our temper. We argue. We often expose more of our “emotional” selves to the people we trust like our girlfriend, boyfriend, or spouse. Maybe you were both drinking. Perhaps she shoved you, you shoved her. Things were escalating. She got scared and called the police for help. When things get a bit heated and we are scared, it makes sense to call the police for help. Just to calm down a volatile situation. Unfortunately, when the police officer surveyed the situation, he arrested you for domestic violence assault.
Time has passed. Things have calmed down. Now your spouse wants to drop the domestic violence charges. The question (What if my spouse wants to drop the domestic violence charges?) is one that I am often asked by my clients.
To answer this question, let’s start by looking at the Maine Law’s covering domestic violence appropriate to the situation just described:
What if my spouse wants to drop the domestic violence charges?
- Domestic Violence Assault – A simple assault when the victim is a “family or household member” of the accused.
- Domestic Violence Criminal Threatening – A person is guilty of knowingly placing a “family or household member” in fear of imminent bodily injury.
- Domestic Violence Terrorizing – A person is guilty of communicating to commit a violent act dangerous to human life to a “family or household member”.
- Domestic Violence Reckless Conduct – A person is guilty of recklessly creating substantial risk to a “family or household member”.
In each of these charges, there is specific evidence that needs to be substantiated for the state to convict you of the domestic violence crime. The decision to drop or dismiss a charge is up to the prosecutor. Your spouse has no influence on dropping the charges after you have been accused of domestic violence charges. Your best bet is to hire a criminal defense attorney to aggressively defend you against the charges.
Fighting a domestic violence charge is serious business. You will need to find temporary residence, because you can’t be in the same home as the victim. All of your belongings are at the residence of the victim. The social stigma of the charge may cost you your reputation. It is important that you take swift action to have an advocate counsel you how to navigate the Maine legal system and assure there is minimal impact to your future. There are proven strategies to defending Domestic Violence (DV) charges. The sooner our legal team becomes involved in the intricate details of case, the more time we will have to do our own fact finding as we help to prepare your defense. Effective action taken by a skilled Maine criminal defense lawyer as soon as the charges are filed by the DA sometimes can result in a lesser charge or in some cases prevent any additional charges from being filed. Whether the first Domestic Violence Assault charge is due to an argument that should have never gone that far or a one-time mistake you did not mean, it is imperative that you contact our firm as quickly as possible after the arrest.
Our committed legal team is determined to take immediate action to seek a positive case outcome. If you or someone you know is charged with domestic violence, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense 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 defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this answer to the question (What if my spouse wants to drop the domestic violence charges?), you may also want to read:
Do I have to be married to be accused of domestic violence in Maine?
The question (Do I have to be married to be accused of domestic violence in Maine?) is one I often hear from clients charged with violating one of Maine’s Domestic Violence Laws.
To answer this question, let’s start by looking at the Maine Law’s covering domestic violence. Generally speaking, Maine has six (6) domestic violence offenses:
Do I have to be married to be accused of domestic violence in Maine?
- Domestic Violence Assault – A simple assault when the victim is a “family or household member” of the accused.
- Domestic Violence Criminal Threatening – When a person knowingly places a “family or household member” in fear of imminent bodily injury.
- Domestic Violence Terrorizing – When a person communicates a threat to commit a violent act dangerous to human life to a “family or household member”.
- Domestic Violence Stalking – Stalking when the victim is a “family or household member” of the accused.
- Domestic Violence Reckless Conduct – When a person recklessly creates a substantial risk to a “family or household member”.
- Violation of a Protective Order (VPO) – When a person is subject to a restraining order placed upon them by a “family or household member” and said person violates the order.
As you can see, Maine defines domestic relations beyond a marriage and spouse relationships. Domestic relationships are considered either family or household members. This is how the law is written in regards to domestic violence charges. These relations are not limited to family blood relatives or current spouses. Additional “household” members often include:
- Current and former spouses
- Current and former domestic partners
- Adult household members
- Biological Parents of the same child
- Dating or Sexual Partners (if you have had sex with the person, you will always be considered in a domestic relationship with them. Even after the relationship ends.)
In summary, the answer to the question (Do I have to be married to be accused of domestic violence in Maine?) is No. In Maine, you do not need to be married to be accused of domestic violence.
If you or someone you know is charged with a domestic violence crime in Maine such as DV assault, I encourage you to contact The Nielsen Group for your free legal consultation with an experienced criminal defense 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 defense strategy.
It is well worth your time to check out:
If you would like to call us now at (207) 571-8555, we can begin to develop your case strategy.
If you enjoyed this answer to the question (Do I have to be married to be accused of domestic violence in Maine?), you may also want to read:
I have been accused of domestic violence. Am I still allowed to have firearms?
In Maine, domestic violence charges trigger certain mandatory bail conditions. The Mandatory bail conditions on domestic violence charges are:
- No contact with the alleged victim
- No use or possession of Alcohol or Illegal Drugs
- No possession of dangerous weapons, including all firearms
- Being subject to random searches and seizures of your person, home, and vehicle to assure that you are complying with you bail conditions
Since this answer relates to the question of being accused of domestic violence and still having firearms, let’s closely examine the condition, “no possession of dangerous weapons.” [Read more…] about I have been accused of domestic violence. Am I still allowed to have firearms?
Please touch base with me about your case. I guarantee you will feel better.