By: John S. Webb, Lifetime Maine Resident and Criminal Defense Attorney Near Me in Southern Maine
A domestic violence assault Maine accusation is a serious matter, due to the far-reaching repercussions that family violence criminal charges can cause. Across the nation, domestic violence statistics point to an increasing number of dysfunctional families due to a personal injury or offensive physical contact or touching, such as a sexual assault. Located in southern Maine, John S. Webb has handled hundreds of domestic violence cases and offers his legal services to all cities and counties in Maine south of the capital city of Augusta.
As publicity and news stories come to public attention, Maine domestic violence sentencing trends, restraining orders, and a possible no-contact order tend to become more common. Our Portland ME criminal lawyers can attest that violating a protective order sends many accused family violence defendants to jails across Maine.
A protection from abuse order has “teeth,” because an accused violator will be jailed first and asked questions later. Plus, those with prior convictions or with a second violation of a temporary order to stay away and not harass, can expect to face felony charges and to see a judge impose very tough controls over any communication, as a protection from abuse.
According to the Maine Department of Health and Human Services, because victims of family violence often suffer years of abuse — and many similar, chargeable incidents go unreported — when a charge of family violence is made, prosecutors aggressively pursue the criminal charges, once initiated. Due to financial reasons, some family members hesitate to report acts of violence in the home until a major crisis has happened.
The crime is for intentionally, knowingly, or recklessly injuring or assaulting a family or household member. For convictions, it is common for judges in Maine to hand out harsh domestic violence jail time. Therefore, finding criminal lawyers near me for representation is imperative.
National and state groups have formed resource centers to support victims, including children of domestic violence in all states. On a national level, The National Domestic Violence Hotline is the nation’s largest. In the state of Maine, the Maine Coalition to End Domestic Violence is the dominant group.
Without question, domestic violence is a deplorable crime and victims must be protected, but our criminal attorneys in Maine are fully aware that not all charges of domestic violence are legitimate. Every person with a legitimate claim needs protection from harassment and bodily injury. All families or domestic unions need peaceful environments for their children.
In other words, if you have been falsely accused, and believe that you have a valid defense to the indictment, call our law office in southern Maine. When you think that you don’t have a chance, call our southern Maine lawyers near me for a FREE consultation. Talk to John, Katie Campbell, or Vincent S. LoConte. Our Maine Bar members maintain a 24-hour number, which is 207-283-6400.
Attorney Campbell lives closer to the Portland courthouse and is well-known among Portland, Maine attorneys. She is a graduate of the University of Maine School of Law. Attorney LoConte is closer to Saco ME, where the principal law office is located, for handling state and federal criminal cases. All of our law firm’s attorneys are members of the Maine State Bar.
What Is Domestic Violence, Under Maine Criminal Laws?
Most people think about domestic violence as physical assault between spouses, but domestic violence has a much broader definition under Maine law. When children are present, no physical contact may be necessary for criminal charges to be brought against you. This section addresses the common question of, “What is domestic violence?”
Domestic violence can occur between any members of a household, and individuals in an intimate relationship, such as a couple who is dating. A charge of domestic violence in Maine can also be brought by an ex-spouse, a former live-in person, and anyone you previously dated and with whom you had an intimate relationship.
Domestic violence Maine also includes acts other than physical abuse. Domestic violence includes all forms of physical, emotional, verbal, and sexual abuse. It also includes acts and crimes committed to intimidate or control the victim, or cause the victim emotional distress.
Maine Domestic Violence Attorneys in Southern ME
Because Maine domestic violence encompasses such a wide range of behaviors, it is crucial that anyone under investigation for domestic violence call our office immediately. Chances are high you will be charged with domestic violence and the quicker our legal team can begin amassing evidence to refute the allegations, the better chance you have of the charges being dismissed.
Don’t just pull a name off a family law lawyer directory or let Google select criminal attorneys near me. Call our Portland ME criminal defense lawyers of the Webb Law Firm at 207-283-6400, 24 hours a day, seven days a week. You may also contact “Big John” Webb by filling out our convenient online contact form.
For more than 25 years, he and the other members his law firm has represented clients and (in doing so) helped citizens in the Pine Tree State put their families back together. Our domestic violence lawyers monitor our phones and emails 24-7.
Wikipedia Defines Family Violence This Way:
Domestic violence (also named domestic abuse or family violence) is violence or other abuse by one person against another in a domestic setting, such as in marriage or cohabitation. It may be termed intimate partner violence when committed by a spouse or partner in an intimate relationship against the other spouse or partner and can take place in heterosexual or same-sex relationships, or between former spouses or partners.
Below is the text of Maine’s statute:
§207-A. Domestic Violence Assault
1. A person is guilty of domestic violence assault if:
A. The person violates section 207, and the victim is a family or household member as defined in Title 19-A, section 4002, subsection 4. Violation of this paragraph is a Class D crime; or [2007, c. 436, §1 (NEW); 2007, c. 436, §7 (AFF).]
B. The person violates paragraph A and at the time of the offense:
(1) Has one or more prior convictions for violating paragraph A or for violating section 209-A, 210-B, 210-C or 211-A or one or more prior convictions for engaging in conduct substantially similar to that contained in paragraph A or section 209-A, 210-B, 210-C or 211-A in another jurisdiction;
(2) Has one or more prior convictions for violating Title 19-A, section 4011, subsection 1 or one or more prior convictions for engaging in conduct substantially similar to that contained in Title 19-A, section 4011, subsection 1 in another jurisdiction;
(3) Has one or more prior convictions for violating Title 15, section 1092, subsection 1, paragraph B when the condition of release violated is specified in Title 15, section 1026, subsection 3, paragraph A, subparagraph (5) or (8) when the alleged victim in the case for which the defendant was on bail was a family or household member as defined in Title 19-A, section 4002, subsection 4; or
(4) Has one or more prior convictions for violating section 208, 208-B or 208-C, and the State had pled and proved that the victim of the applicable prior conviction was a family or household member, as defined in Title 19-A, section 4002, subsection 4, or has one or more prior convictions in another jurisdiction for engaging in conduct substantially similar to that contained in section 208, 208-B or 208-C and it had been pled and proved that the victim was a family or household member.