How Will a Restraining Order Affect My Divorce in Maine?

Protection from Abuse and Protection from Harassment orders—commonly referred to as “restraining orders”—may be issued by judges in Maine. Each type carries different conditions based on the nature and severity of the perceived threat.

In family law matters, these orders are often issued on a temporary basis to reduce the risk of immediate harm to a spouse, partner, or child while a case is pending. Although temporary, they can significantly influence the course of a case—particularly in areas such as parental rights and responsibilities, parenting time, and overall family dynamics.

Here are the types of restraining orders and how they could affect your divorce.

In Maine divorces and separations, the most common type of protective order issued by judges is a protection from abuse (PFA) order.

These protective orders may be issued after one of the parties files a Protection from Abuse (PFA) complaint with the court, making it an independent action that can have its own impact on any related family law matter. PFAs are typically sought when there are allegations of abuse, violence, stalking, threats, or danger to a spouse, partner, children, or a legally protected adult.

For the court to grant a PFA, it must find that one party has “abused” the other party, their children, or a protected adult as defined by law. If granted, the order will impose specific conditions that must be followed, with violations potentially resulting in criminal charges or a motion for contempt of court.

Conditions often include:

• No contact with certain individuals.
• No harassment or threats.
• Prohibition from entering the home, workplace, or school of the complainant.
• Prohibition from entering a shared residence.
• Firearm and weapons possession restrictions.

PFA orders can also address issues related to children, such as temporary custody/visitation, and other aspects of the parenting plan. An order issued under the PFA statute regarding children would be temporary, and would be superseded by any final order in a divorce matter.

Differences between Temporary and Final PFAs

Temporary Protection from Abuse (PFA) orders can be issued quickly—often without the other party present—when there is a credible risk of immediate harm to the petitioner or a child. This initial order remains in effect until the court can hold a full hearing. This type of order is only designed to exist until the parties can have a final hearing where both sides present evidence or they reach an agreement.

At that hearing, both parties have the opportunity to present evidence. If the court determines that protection is warranted, it may issue a final (longer-term) PFA order. In Maine, these orders typically last up to two years, though they may be extended in certain circumstances.

Protection from harassment order (PFH)

Protection from harassment (PFH) orders are restraining orders that can be issued in Maine—but they are seldom issued during divorces, as they are mainly designed for cases where the subject of the order is not in a close or intimate relationship with the complainant.

Usually, this type of restraining order is issued for harassment, stalking, threats, or repeated unwanted contact by a neighbor, coworker, acquaintance, or stranger.

Any adult or minor can apply for a protective order against another person if there is a realistic risk of abuse, violence, stalking, threats, or danger.

In divorce cases, the concern is often domestic violence, and judges will act quickly to issue Protection from Abuse (PFA) orders when there is a credible risk to a spouse or child. To seek a PFA, however, the petitioner must be family or household members with the other party—such as one of the following:

• A spouse (or ex-spouse)
• An intimate partner
• Someone with whom you share a child
• A cohabitant
• A family member
• Another person with a close personal/household relationship

A family member can file for a restraining order on behalf of a minor child or someone who is physically or mentally incapacitated and unable to file on their own.

One of the most immediate ways a restraining order impacts a divorce is through the conditions imposed on the subject of the order. While these conditions vary based on the perceived level of threat, a common restriction is requiring the individual to stay a certain distance from the family home.

No-contact orders can make communication between spouses not just difficult, but legally prohibited. Orders may prohibit any form of contact which would include: phone calls, emails, texts, or other forms of communication. The prohibition on contact could restrict indirect forms of contact such as through a third party to the protected party as well. The prohibition on contact can complicate the divorce process. As a result, each spouse’s attorney may need to manage key aspects of the case on their client’s behalf. Negotiations involving major issues—such as child custody, parenting time, support, and property division—often must proceed without the spouses being physically present together.

Additionally, a Protection from Abuse (PFA) order can have a temporary or even longer-term effect on a spouse’s custody or parenting rights (discussed further below). Other aspects of the divorce, including property division, spousal support, living arrangements, and the welfare of pets, may also be indirectly influenced, though these are typically addressed separately in the divorce proceedings.

Protective orders can have a significant impact on divorce proceedings—especially when it comes to custody rights.

A spouse accused of domestic violence or credible threats of abuse may be temporarily removed from the family home to protect the safety of the family under a PFA or PFH. These orders can also restrict a parent’s access to the children for a limited period.

When a protective order is granted in a case where child custody is at issue—or later in a custody or parental rights proceeding—the court must make temporary or permanent custody decisions based on the best interests of the child, as required under Maine law. Fundamentally, this means that the court is going to look at what is best for the child or children in the case based upon a number of factors. The safety and stability of the child’s environment are central to these determinations.

A parent’s behavior following the issuance of a temporary order can influence the court’s long-term decisions. For example, failing to attend hearings, violating the order’s conditions, or otherwise demonstrating an inability to ensure the child’s safety and stability can negatively affect, and have long term consequences, for future parenting arrangements.

How are custody decisions made in Maine?

The Maine courts give significant weight to evidence of domestic violence, including protective orders issued against a parent. However, these considerations will be balanced alongside the following factors when judges make custody decisions in the best interests of the child which include, but are not limited to the following:

• The wishes of the child, if mature enough to express a considered opinion.
• The length of time the child has lived with each parent.
• Each parent’s mental and physical health.
• The stability of each parent’s household
• Each parent’s ability to provide a safe home that supports the child’s well-being.
• Any evidence of criminal history, substance abuse, etc.
• Each parent’s willingness to encourage a child’s positive relationship with the other parent and cooperate in childcare.
• Each parent’s ability to give the child love, affection, and guidance.
• The child’s adjustment to his or her current home, school, and community.
• And other relevant factors.

Although a protective order can affect custody and contact temporarily, Maine law strongly protects a parent’s fundamental right to maintain a relationship with their child. Long-term parenting decisions must still be based on the child’s best interests, not solely on the existence of a protective order.

For legal assistance with any aspect of divorce in Maine, speak to an experienced family law attorney at The Maine Divorce Group during an initial consultation.