Maine
Maine Restraining Order Laws (2026): How to Get a Protection from Abuse Order
Independently fact-checked against primary sources (last audited August 17, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 5 primary sources cited on this page. How we verify our legal content
In Maine, a Protection from Abuse (PFA) Order is available to anyone who has experienced abuse by a spouse, former partner, co-parent, or household member, and a final order can last up to 2 years. A separate Protection from Harassment (PFH) Order is available to any victim of repeated harassment regardless of relationship.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Maine
Maine provides two distinct civil-court protective order tracks for people facing abuse or harassment.
The Protection from Abuse (PFA) Order is governed by 19-A M.R.S.A. sections 4101 through 4116. It is available to individuals who have a qualifying domestic or intimate relationship with the person who abused them. The order can require the respondent to stop all contact, vacate a shared home, and surrender weapons.
The Protection from Harassment (PFH) Order is governed by 5 M.R.S.A. section 4651 and is available to any person who has experienced three or more acts of harassment by the same person, or who has been a victim of certain sexual crimes, regardless of whether they have any relationship with the respondent. Recent amendments (2022 through 2024) also added non-consensual image sharing, sex trafficking, and image-based threats to the definition of conduct covered by these statutes.
Both orders can be sought at Maine's District Court or Superior Court, and both carry real legal consequences for violations.
Who can get a restraining order in Maine?
The qualifying relationship is the key dividing line between the two tracks.
For a Protection from Abuse Order, Maine law (19-A M.R.S.A. section 4102) covers:
- Current or former spouses or registered domestic partners
- Current or former cohabitants (people who lived together)
- Co-parents (people who have a child together)
- Adult relatives by blood or adoption living in the household
- Current or former sexual partners
For a Protection from Harassment Order, there is no relationship requirement at all. A neighbor, coworker, acquaintance, or stranger who has repeatedly harassed or stalked you can be the subject of a PFH petition. This second track ensures that victims outside domestic relationships are not left without a civil remedy.
Minors may also seek a PFA through a parent or guardian. Vulnerable adults who are victims of abuse by caretakers or household members are also covered under the PFA statute.
How to file for a restraining order in Maine
You file a PFA or PFH petition at a Maine District Court or Superior Court. Courts are located in each county, and you do not need a lawyer to file. There is no filing fee for a Protection from Abuse Order; federal law under the Violence Against Women Act (VAWA) prohibits courts from charging a filing or service fee for domestic-violence protective orders. The PFH Order also has no filing fee.
When you arrive at the courthouse, ask for the court clerk or the self-help center. You will fill out a petition describing what happened, your relationship to the respondent (for a PFA), and what relief you are requesting, such as no-contact provisions, a requirement that the respondent leave a shared home, or weapon surrender. Be as specific and factual as possible in describing the incidents.
If you need help completing the forms, a court self-help center staff member can assist you. Many local domestic-violence organizations also have advocates who will accompany you to court and help you through the process at no charge. The Maine Coalition to End Domestic Violence (MCEDV) can connect you with a local program.
After hours, if you need immediate protection, law enforcement can connect you with emergency resources. Emergency ex parte petitions may also be available through on-call judges in some jurisdictions.
Temporary vs. final orders: how long they last
Maine's process involves two stages of protection.
Temporary (ex parte) PFA order: A judge can issue a temporary PFA the same day you file your petition, without the respondent being present, if the petition shows that immediate protection is needed. Once issued, the temporary order stays in effect until a full court hearing. Under Maine law, that hearing must be scheduled within 21 days of the temporary order being issued.
Final PFA order: After the hearing, at which both you and the respondent may present evidence, the court can issue a final PFA order. A final order lasts for a fixed period of up to 2 years. It can be extended or reinstated by a court motion if circumstances warrant continued protection.
| Order Stage | Duration |
|---|---|
| Temporary (ex parte) PFA | Until the full hearing (hearing within 21 days) |
| Final PFA | Up to 2 years (extendable by motion) |
| Temporary (ex parte) PFH | Until the full hearing |
| Final PFH | Up to 1 year (extendable by court motion) |
Both order types can include provisions requiring the respondent to have no contact with you, stay away from your home, workplace, or children's school, and surrender firearms if the court includes that provision.
Firearms and a Maine protective order
Maine law specifically addresses weapons when a protective order is issued. If a court includes a firearm-prohibition provision in either a temporary or a final PFA order, the respondent is required to surrender all firearms, muzzle-loading firearms, bows, crossbows, and any other specified dangerous weapons to law enforcement or a qualified third party within 24 hours of being served with the order. The respondent must provide written documentation of the surrender to the court.
Beyond the state-level surrender requirement, a qualifying final protective order also triggers the federal firearm prohibition under (g)(8). This federal law makes it a federal crime for a person subject to a qualifying protective order to possess or purchase any firearm or ammunition. The federal ban applies automatically once the order meets the statutory criteria, regardless of whether the state order explicitly mentions firearms.
If you are concerned about a respondent who possesses firearms, let the court know when you file your petition and ask the judge to include a surrender provision.
What happens if someone violates the order?
Violating a Maine Protection from Abuse order is a criminal offense. The primary penalty statute for PFA violations is 19-A M.R.S.A. section 4113, which designates violations as criminal acts and delegates the penalty classes to 17-A M.R.S.A. section 506-B. Violations of a Protection from Harassment (PFH) order are also prosecuted under 17-A M.R.S.A. section 506-B. The penalties escalate with each conviction:
- First offense: Class D crime, punishable by up to 364 days in jail and a fine up to $2,000.
- Two or more prior convictions: Class C crime, punishable by up to 5 years in prison and a fine up to $5,000.
- Dangerous violations: a violation involving reckless conduct that creates a substantial risk of death or serious bodily injury to the protected person, or an assault on the protected person, is a Class C crime even on a first violation (19-A M.R.S.A. section 4113(4)).
Maine law enforcement may arrest a respondent without a warrant if they have probable cause to believe a protective order has been violated. If the respondent violates the order, call 911 immediately and report the violation. Document the violation in as much detail as possible, including date, time, witnesses, and any messages or physical evidence. Violations can also be reported to the court as contempt of court, which carries separate civil penalties.
Even a first violation can result in jail time. Courts in Maine take protective-order violations seriously.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
Related pages
For broader context on Maine law and personal safety rights, see the cluster hub Restraining Order Laws by State, which covers all 50 states plus the District of Columbia.
You may also find these related pages useful: Maine Recording Laws (documenting harassment or threats) and the site's coverage of stalking and personal safety topics within the recording-law cluster.
More Maine Laws
Frequently Asked Questions
How do I get a restraining order in Maine?
File a petition for a Protection from Abuse (PFA) Order at any Maine District Court or Superior Court. There is no filing fee. A judge can issue a temporary ex parte order the same day if there is immediate danger, with a full hearing scheduled within 21 days. A court self-help center or a local domestic-violence advocate can help you complete the paperwork.
How long does a restraining order last in Maine?
A temporary PFA order lasts until the court hearing, which must be held within 21 days of the order being issued. A final PFA order lasts up to 2 years. A final Protection from Harassment (PFH) order lasts for a fixed period not to exceed 1 year (5 M.R.S.A. 4655), but the court may extend it on a plaintiff's motion. Both order types can be reinstated by court motion.
How much does a restraining order cost in Maine?
Filing a Protection from Abuse petition is free. Federal law under the Violence Against Women Act (VAWA) prohibits courts from charging a filing fee or service fee for domestic-violence protective orders. The Protection from Harassment Order also has no filing fee in Maine.
Can I get a restraining order in Maine without a police report?
Yes. A police report is not required to petition for a PFA or PFH order. You file a civil petition with the court describing what happened. That said, police reports and any other documentation of incidents can strengthen your petition.
Does a restraining order take away gun rights in Maine?
If the court includes a firearms-prohibition provision in your protective order, the respondent must surrender all firearms, bows, and crossbows within 24 hours of service. A qualifying final protective order also triggers the federal ban under 18 U.S.C. 922(g)(8), making it a federal crime for the respondent to possess or purchase any firearm.
What happens if the abuser violates the order in Maine?
Violating a Protection from Abuse order is a crime under 19-A M.R.S.A. section 4113 (penalty classes set by 17-A M.R.S.A. section 506-B). A first offense is a Class D crime (up to 364 days jail, fine up to $2,000). Two or more prior convictions escalate to a Class C crime (up to 5 years), and a violation involving reckless conduct that creates a substantial risk of death or serious bodily injury is a Class C crime even without priors. Call 911 immediately if the order is violated, then document the incident and report it to the court.
What is the difference between a Protection from Abuse Order and a Protection from Harassment Order in Maine?
A Protection from Abuse (PFA) Order requires a qualifying domestic or intimate relationship with the respondent (spouse, co-parent, cohabitant, sexual partner). A Protection from Harassment (PFH) Order requires no prior relationship and is available to any victim of three or more acts of harassment or certain sexual crimes by the same person.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Removed an invented three-tier penalty structure for PFA violations (a middle 'one prior conviction' tier with 14-day/60-day mandatory minimums and mandatory probation periods that do not appear in current 19-A M.R.S.A. section 4113); the section has only two penalty tiers.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Maine Revised Statutes, Title 19-A: DOMESTIC RELATIONS, Part 4: PROTECTION FROM ABUSE, Chapter 103: PROTECTION FROM ABUSE
§ 4113ViolationIn force
1. Crime committed. Except as provided in subsections 2, 4 and 5, violation of an order is a Class D crime when the defendant has prior actual notice, which may be notice by means other than service in hand, of the order. 2. Exception. When the only provision of the order that is violated concerns relief authorized under section 4110, subsection 3, paragraphs K to U, the violation must be treated as contempt and punished in accordance with law. 3. Warrantless arrest. Notwithstanding any provision of law to the contrary, an arrest for criminal violation of an order may be without warrant upon probable cause whether or not the violation is committed in the presence of a law enforcement officer. The law enforcement officer may verify, if necessary, the existence of the order, including by telephone or radio communication with a law enforcement agency with knowledge of the order. 4. Reckless conduct; assault.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at legislature.maine.gov
United States Code Title 18
§ 922Unlawful actsIn forcecited in 61 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Leading cases:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Maine Legislature, 19-A M.R.S.A. §§4101-4116 (Protection from Abuse Act)(legislature.maine.gov).gov
- Maine Legislature, 5 M.R.S.A. §4651 (Protection from Harassment)(legislature.maine.gov).gov
- Maine Legislature, 17-A M.R.S.A. §506-B (violation penalty)(legislature.maine.gov).gov
- Maine Judicial Branch, Protective Orders self-help(courts.maine.gov).gov
- Maine Legislature, 19-A M.R.S.A. section 4113 (PFA violation, criminal designation)(mainelegislature.org).gov