A new law will expand what protections Maine judges can offer victims of domestic violence and stalking in an effort to close some loopholes in the system.
Advocates say the law, which will take effect 90 days after adjournment, is an effort to meet the needs of people who need protection, including those who go to the same school with their perpetrator or work for the same employer.
“In sexual violence cases, it is common that a survivor is seeking a protection order against a partner, co-worker, classmate, or someone else that will continue to be present in their life,” Elizabeth Ward Saxl, director of the Maine Coalition to End Sexual Assault, told lawmakers in March. “Therefore, it is incredibly important to give the court tools to make the order as specific as possible to meet the unique needs of each individual situation.”
When a person is experiencing domestic violence or stalking, they can file for a protection order from the court.
These orders usually restrict a defendant from knowingly entering specific locations, like a plaintiff’s home, job or school, when the plaintiff is there. Defendants risk criminal charges and jail time if they violate these conditions.
But advocates say these orders are subject to loopholes and they would work better if judges were more easily able to tailor them to specific cases. Under the law Gov. Janet Mills signed Friday, judges will be able to order defendants to maintain a certain distance from the person seeking a protection order.
The legislation was introduced by Sen. Joseph Rafferty, D-Kennebunk, who said he was grateful for the support in getting the law passed.
“This critical legislation will help protect survivors of domestic violence, sexual assault and stalking from further abuse and intimidation. I will continue to be an advocate for survivors and for legislation that makes them feel safe and protected,” Rafferty said in a statement Tuesday.
The Maine Coalition to End Domestic Violence receives questions from victims across the state every year about protection orders, Public Policy Director Andrea Mancuso said in March.
Mancuso said the new law strikes the right balance by leaving it up to a judge to decide the exact distance.
“In some cases, a significant distance might be appropriate,” she testified in March. “In others, there may be known factors that would highlight a need to be more circumspect around what is reasonable.”
The same proposal came close to becoming law last year, but died because lawmakers didn’t have time to approve a $6,200 fiscal note the Judiciary estimated it would cost to enforce the order.
Julie Finn, a representative for the judicial branch, said the courts now have enough funding without additional state aid — but she warned it could still cost extra to make sure people know how these new protection orders work. Finn said the Judicial Branch will “make every attempt to cover these expenses with already budgeted funds or available grants.”
The courts offer 50-page booklets at courthouses, online and in print to people who are filing or responding to protection orders. They also have to make sure versions are available in other languages to accommodate non-English speakers.
HOW TO GET HELP
IF YOU or someone you know has experienced domestic violence, you can call the statewide Domestic Abuse Helpline at 1-866-834-4357 to talk to someone who can help. You can learn more online here.
IF YOU or someone you know has experienced sexual abuse, you can call the statewide Sexual Assault Crisis and Support Line at 1-800-871-7741 to talk to someone who can help. You can learn more online here.
FOR ASSISTANCE during a mental health crisis, call or text 888-568-1112. To call the Suicide and Crisis Lifeline, call 988 or chat online at 988lifeline.org.
FOR OTHER support or referrals, call the NAMI Maine Help Line at 800-464-5767 or email helpline@namimaine.org.
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