Domestic Violence and Maine Family Court
How Maine family courts may consider domestic violence when deciding custody and visitation.
Maine Family Court and Domestic Violence
How Maine Family Court Connects to Domestic Violence
Maine family courts look at relationship harm and child safety in many kinds of cases. Domestic violence concerns can affect how decisions are made about parenting time, decision-making, and contact between adults.
This page shares general safety-focused information. It is not legal advice. Laws and court practices can change, and outcomes depend on your specific situation.
Types of Family Court Cases Involving Domestic Violence
Custody and Decision-Making
In Maine, parenting responsibilities include who makes major decisions for a child and where the child lives most of the time. When there is domestic violence, the court may look carefully at:
- How conflict at home affects a child’s safety and wellbeing
- Whether one adult tries to control the other through the child
- Any history of threats, stalking, or coercive behaviour
Visitation and Parenting Time
Visitation (sometimes called “parenting time”) is when and how a child spends time with each parent. Domestic violence concerns can affect:
- Where exchanges happen (for example, neutral locations)
- Whether visits are supervised or unsupervised
- Whether overnight visits are appropriate
- How communication between adults is managed
Divorce and Separation
In divorce cases, Maine family courts deal with both safety and practical issues, such as:
- Parenting arrangements and schedules
- Temporary use of the home or vehicle
- Sharing of property and debts
- Spousal support (alimony), where applicable
Domestic violence can be relevant to many of these topics, especially when it limits a survivor’s ability to work, earn income, or safely communicate with the other person.
Raising Domestic Violence and Child Safety Concerns
Sharing Concerns with the Court
Concerns about violence, threats, or controlling behaviour can be raised in different ways, including:
- Statements or affidavits filed with the court
- Testimony at a hearing
- Information shared through a lawyer
Some people worry about being seen as “uncooperative” if they talk about abuse. In many situations, explaining safety concerns is part of helping the court understand what arrangements may protect a child and both adults.
It can be safer to plan how and when to share information. A Maine family-law lawyer, legal clinic, or advocate may help you think through options before disclosing abuse in court documents.
Child Safety and Exposure to Violence
Maine courts generally consider it harmful for children to witness or be around violence and intimidation. When looking at child safety, the court may consider:
- Whether a child has seen or heard arguments, threats, or assaults
- Whether a child has tried to intervene in conflict
- Changes in a child’s sleep, behaviour, or school performance linked to conflict
- Whether the abusive behaviour continues after separation
Concerns about child safety can be raised even if the child has never been directly hit. Emotional harm, fear, and living with ongoing threats can be important for the court to understand.
“Best Interests of the Child” in Simple Language
When the court decides parenting arrangements, it focuses on what is in the “best interests of the child.” In plain language, this usually includes:
- Safety and security: Protecting the child from physical and emotional harm.
- Stable routines: School, activities, and consistent daily life.
- Strong caregiving: Who has been meeting the child’s daily needs.
- Healthy relationships: Supporting safe, positive relationships with parents and others, where possible.
- Low conflict: Reducing the amount of conflict a child is exposed to.
- Respect for the child’s needs: Age, health, culture, and special needs.
Domestic violence can affect many of these areas, especially safety, conflict level, and emotional wellbeing.
Courts may still consider ongoing contact with both parents, but they can place limits or conditions when safety is a concern. Each case is different.
How PFAs and Other Evidence May Be Used
Protection from Abuse (PFA) Orders
In Maine, a Protection from Abuse (PFA) order is a civil court order meant to help increase safety. In some situations, a PFA can:
- Order a person not to contact or go near you
- Address temporary parenting arrangements
- Restrict weapons possession, in certain cases
In later family court hearings, the existence of a PFA, and sometimes the information included in it, may be considered as part of the overall history of the relationship.
Police Reports and Criminal Charges
When the police are called for domestic incidents, they may create reports and, in some circumstances, lay criminal charges. In family court, these records can sometimes be used to:
- Show a pattern of calls to police
- Confirm dates and basic details about specific incidents
- Demonstrate that safety concerns were reported to authorities
The weight the court gives to police reports, charges, or convictions depends on many factors, including the outcome of any criminal case.
Other Possible Evidence
In addition to PFAs and police involvement, family courts may consider other information about violence or coercion, such as:
- Text messages, emails, social media posts, or voicemails
- Medical or hospital records related to injuries
- Photos, if they exist
- School or childcare notes about changes in the child’s behaviour
- Witness statements from people who have observed incidents or effects
Collecting or storing evidence can increase risk if the abusive person has access to your phone, computer, or home. Consider digital and physical safety before saving documents. General guidance about safer device use is available on many digital safety resources.
Supervised Visitation in Maine
When Supervised Time May Be Considered
Supervised visitation is when a child spends time with a parent while another adult or program monitors the visit. Maine courts may consider some form of supervised contact when there are concerns such as:
- Recent or severe violence or threats
- Use of the child to control or monitor the other parent
- Substance use or mental health concerns that may affect safety
- History of ignoring court orders
How Supervision Might Work
Depending on local options and the court’s decision, supervision might mean:
- Visits at a supervised visitation centre, if available
- Visits supervised by a neutral, trusted adult approved by the court
- Monitored exchanges, where only the hand-off is supervised
Supervision can sometimes be temporary, with the court reviewing how visits go and whether safety improves over time.
Availability of supervised visitation programs can vary by county and community in Maine. Courts sometimes adjust arrangements when services are not available locally.
Balancing Safety and Court Participation
Participating in family court while living with threats, pressure, or monitoring can be stressful and risky. Some people explore options such as:
- Arranging to arrive and leave the courthouse at different times or entrances
- Requesting to appear by video or phone, if allowed
- Asking about separate waiting areas, where available
- Bringing a support person to sit in the courtroom, if permitted
Many survivors also connect with advocates, legal aid, or community agencies to help them understand forms, hearings, and what to expect. Some national directories, such as the resources listed at DV.Support, can help locate additional support options.
Why Maine-Specific Legal Advice Matters
Maine’s laws and court rules are different from other states. A lawyer familiar with Maine family law can:
- Explain how domestic violence is considered in parenting cases
- Help you decide what information to share, and when
- Prepare you for mediation, case management conferences, and hearings
- Communicate with the other party or their lawyer on your behalf
Even a short consultation can help you understand possible options, risks, and next steps before making decisions about court filings or parenting proposals.
If paying a lawyer is difficult, you may look into legal aid organizations, sliding-scale services, or brief advice clinics in Maine that focus on family law and domestic violence.