Domestic violence is an incredibly complex issue that unfortunately affects countless households. According to the National Coalition Against Domestic Violence, statistics show that one in three women and one in four men have experienced some form of physical violence at the hands of a partner in their lifetime. This problem knows no boundaries, as it can happen to anyone, regardless of their ethnicity, background, or gender.
Fortunately, in Maine, there are stringent laws in place to combat domestic violence, and victims have a variety of rights and options available to them to protect themselves and their families. This article will delve into these rights and options, focusing specifically on their implications in the context of divorce.
Understanding Domestic Violence in Maine
In Maine, domestic violence is defined as any violent or threatening act committed by one family or household member against another family or household member. Family or household members can include not only spouses but also former spouses, parents, children, and even roommates.
The Intersection of Domestic Violence and Divorce
Sadly, domestic violence and divorce often go hand in hand. Victims of domestic violence often find themselves feeling trapped in a marriage, fearful of leaving their abusive partner due to concerns of retaliation or further harm. However, the state of Maine offers several forms of protection for individuals in this situation.
Seeking Protection: Protection From Abuse Orders
Among the most crucial safeguards available to victims of domestic violence in Maine is the Protection From Abuse (PFA) order. A PFA is a court-sanctioned order that explicitly prohibits the abuser from contacting or going near the victim or the victim’s children. Additionally, it grants the victim the ability to remain in their shared home and may entail temporary custody of the children.
To secure a PFA order, the victim must petition the court, accompanied by concrete evidence of the abuse, such as police reports, medical records, and photographs. A PFA order typically remains valid for up to two years, but can be extended if necessary.
Divorce and Child Custody: Ensuring Safety
If you are a victim of domestic violence and are pursuing a divorce, the court takes into account your safety and that of your children when making decisions regarding child custody and visitation. Maine’s family law statutes make it mandatory for judges to consider any evidence of abuse when determining custody arrangements.
The Maine courts may impose supervised visits or even limit the visitation rights of an abusive parent as a means of safeguarding the well-being of the children involved. Above all else, the court’s priority in child custody matters is to promote the best interests of the child.
Property Division: Equitable Distribution
In the state of Maine, divorce is governed by equitable distribution principles. Essentially, this means that when a couple seeks a divorce, the court divides their marital property in a manner that is deemed fair and equitable. However, when domestic violence is a factor, the court may consider the economic impact of the abuse. If the victim has experienced financial disadvantages due to the abuse, the court can incline the division of property in their favor.
Legal Assistance for Victims of Domestic Violence in Maine
Victims of domestic violence in Maine can access several legal resources designed to support them throughout the divorce process. The Maine State Bar Association offers a comprehensive list of qualified divorce attorneys in your local area who specialize in handling cases involving domestic violence.
The Maine Coalition to End Domestic Violence is an invaluable resource, providing essential support and advocacy for victims of domestic violence. They are equipped to connect victims with legal aid, counseling services, and various forms of support.
Conclusion
Domestic violence poses a grave and distressing threat to numerous families in Maine. Thankfully, victims have numerous rights and options at their disposal to ensure their safety and protect the well-being of their children. These rights and options encompass Protection From Abuse orders, limitations on visitation rights, and equitable treatment in property division proceedings. With the aid of legal professionals and advocacy groups, victims of domestic violence can take the necessary steps to protect themselves and embrace a future that is safer and more secure.