Domestic Violence and Police Response in Maine

What survivors can expect when Maine police respond to domestic violence reports.

How Police Commonly Respond to Domestic Violence in Maine

Important starting notes

This page gives a general overview of how police in Maine often respond to domestic violence calls. It is not legal advice, and exact procedures can vary by city, county, and situation.

When police arrive at a domestic violence call

When officers come to a home or other location because of a domestic violence concern, they usually:

• Separate the people involved to try to reduce conflict and hear from each person one at a time.
• Check for immediate safety and injuries, including any children or other people present.
• Ask basic questions about what happened, when it happened, and whether there were witnesses, messages, or recordings.
• Look for physical signs such as damage to property, disturbed furniture, broken items, or visible injuries.
• Run checks for warrants or prior calls related to the same people or address, when possible.
• Decide whether there is “probable cause” to believe a crime occurred and who they think the primary aggressor is.

In Maine, “probable cause” means officers believe, based on what they see and hear, that it is more likely than not that a crime happened. They do not have to be certain, and they do not need the same level of proof as a court.

What officers typically do on scene

Depending on what they find, officers may:

• Provide or call for medical help if anyone appears injured or unwell.
• Take photos of visible injuries or damage, with consent or as allowed by law.
• Collect evidence such as broken objects, weapons that were reportedly used, or screenshots of messages.
• Ask about weapons in the home and, in some situations, may temporarily remove them.
• Offer contact information for local support services, such as domestic violence advocates, shelters, or hotlines.
• Explain options for protection orders (often called Protection From Abuse, or PFA, orders in Maine).
• Make an arrest if they believe the law requires it or that it is the safest option based on the situation.

Officers sometimes need to decide quickly. Their decisions may be based on visible injuries, who they believe is the primary aggressor, whether there were threats, and any past reports.

Report vs. arrest: what each means

Police report

A police report is a written record made by officers. It usually includes:

• Names and contact information of the people involved and witnesses, when available
• A summary of what each person said happened
• Descriptions of injuries or property damage
• Notes about any children present
• Any photos, recordings, or physical evidence gathered

Officers can write a report even if there is no arrest. Reports may be used later by prosecutors, in court, or when someone applies for a protection order or addresses child safety matters.

Arrest

An arrest means officers take someone into custody because they believe there is probable cause that a crime was committed. Key points:

• An arrest is a decision by law enforcement and is based on the law and the evidence, not just on whether a survivor wants someone arrested.
• In many domestic violence situations, Maine law directs officers toward making an arrest if they believe an assault or certain other crimes occurred.
• If there is an arrest, a criminal charge may follow, but the final decision about charges belongs to the prosecutor, not to police or the survivor.

After an arrest: custody, bail, and conditions

After an arrest in Maine, several steps typically follow. Exact timing and procedures depend on the county, day of the week, and the seriousness of the alleged offence.

Custody after arrest

After being arrested, the person is usually:

• Transported to a local jail or holding facility
• Booked (identified, photographed, and fingerprinted)
• Given information about the charges that may be filed

The person may stay in custody until a bail decision is made. In some cases, bail can be set quickly; in others, there may be a delay before a judge reviews the case.

Bail and release decisions

Bail is a process that decides whether and under what conditions a person can be released before trial. In domestic violence cases, bail decisions often consider:

• Safety concerns for the survivor and any children
• Whether there were threats, weapons, or serious injuries
• Any prior criminal history or past protection orders
• The person’s ties to the community (such as housing or work)

Bail can be:

• Personal recognizance (released without paying money but promising to return to court)
• Cash or surety bail (money or bond required, plus conditions)
• No bail for a certain time period, in some serious situations, until a judge reviews the case

Common bail and release conditions

In Maine domestic violence cases, bail conditions often include some of the following:

• No contact with the survivor (by phone, text, online, or through others)
• No return to a shared home, at least temporarily
• No possession of firearms or certain weapons
• No use of alcohol or drugs, or no use that violates other orders
• Orders to obey any existing protection order

Violating bail conditions can lead to new criminal charges or being taken back into custody.

Notifications to the survivor

In many areas of Maine, efforts are made to notify the survivor when:

• The person is arrested or released
• Bail conditions are set that affect contact or housing
• Court dates are scheduled that involve the case

Notifications may come from police, the jail, the prosecutor’s office, or a victim services program. However, systems are not perfect, and notifications can sometimes be delayed or missed.

Who controls the charges: prosecutor vs. survivor wishes

Once a case is referred to the prosecutor (District Attorney or similar office), that office decides whether to:

• File charges and which charges to file
• Offer a plea agreement
• Continue, change, or dismiss charges later

Survivor input can be important, but it is not the final decision. The prosecutor represents the state, not any one person. This means:

• A survivor can ask for charges to be dropped, but the prosecutor may continue the case anyway.
• A survivor can want charges to go forward, but the prosecutor may decide there is not enough evidence to proceed.
• Prosecutors may consider safety, the evidence, past history, and public interest when deciding how to handle the case.

How criminal cases and PFAs connect

In Maine, there are two main kinds of court actions that can happen after police respond to domestic violence:

• Criminal cases – started by the state when charges are filed
• Protection From Abuse (PFA) cases – civil protection orders that a person can apply for themselves in court

Criminal cases

A criminal case focuses on whether the accused person broke the law. Possible outcomes include:

• Dismissal of charges
• Plea agreement (the person pleads guilty or no contest under certain terms)
• Trial (judge or jury decides if the person is guilty)
• Sentencing (conditions like probation, fines, programs, or jail time)

Protection From Abuse (PFA) orders

A PFA is a civil protection order that may:

• Order the person not to contact or come near the survivor
• Address temporary use of the home or possessions
• Include temporary arrangements for contact with children
• Limit access to firearms in some circumstances

Survivors can usually seek a PFA even if there is no criminal case, and also while a criminal case is ongoing.

How criminal cases and PFAs interact

• Overlap in conditions: Bail conditions and PFA terms may both limit contact or firearms. When orders conflict, courts generally expect the more restrictive condition to be followed, but this is something a lawyer can explain for a specific case.
• Evidence sharing: Police reports and criminal case information sometimes appear in PFA hearings, and statements in PFA proceedings can sometimes be used in criminal cases.
• Independent timelines: The criminal case and the PFA case move on different schedules and may be heard by different judges.
• Different standards of proof: Criminal cases require proof beyond a reasonable doubt, while PFAs use a lower standard (preponderance of the evidence), so a PFA may be granted even if a criminal case does not result in a conviction.

How these cases connect with child custody and parenting

Domestic violence can also affect family court decisions about children. In Maine, separate but related processes may include:

• Criminal court – decides criminal responsibility and sentencing.
• Protection From Abuse court – can issue temporary orders about children’s contact and safety.
• Family or custody court – addresses longer-term parental rights and responsibilities, parenting time, and decision-making for children.

Ways domestic violence cases can impact custody

• Judges in family court often review criminal records, PFA orders, and sometimes police reports when making custody decisions.
• Findings of abuse, or even detailed allegations, can influence how a judge structures parenting time to prioritize child and caregiver safety.
• A PFA order might temporarily control where a child lives or who has decision-making authority, until a longer-term family court order is made.

Because these systems are separate, it is possible to have:

• No criminal conviction, but an active PFA and custody limits
• A criminal case and a PFA, while a separate custody case is still pending
• A resolved criminal case but ongoing family court hearings about parenting

If you are deciding whether to call police

Choosing whether to involve police is a personal and often complex decision. Some people feel safer with police involvement, while others worry about:

• The possibility of arrest leading to financial or housing problems
• Immigration concerns, if anyone involved is not a U.S. citizen
• How the situation might affect children and custody
• The risk of retaliation or increased tension after a call

Community-based domestic violence advocates and legal aid organizations can sometimes talk through potential outcomes in your specific area of Maine, without pressuring you toward any particular choice.

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