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Domestic Violence

Domestic Violence (DV) is one of the most traumatic and difficult legal cases a person can face. What often starts as a misunderstanding and a 911 call, can turn into a drastically unwanted situation with a couple forced to be apart against their wishes, and one of them facing jail time, a criminal record, and a loss of their second amendment rights. 

Image by Sasun Bughdaryan

Penalties for Domestic Violence cases: 

While there is no standard or normal domestic violence assault case, usually they are charged or brought as class D misdemeanor crimes. Class D misdemeanor crimes in Maine carry maximum penalties for up to 364 days in jail and up to $2000.00 in fines. Domestic violence cases are also often started with the person being arrested and taken to the county jail. The county prosecutor or district attorney’s office is usually going to be requesting the person charged with a first offense DV case to plead guilty and go on probation for two years. This is a severe starting point punishment, with significant conditions and lots of jail time hanging over your head if you do not abide by conditions perfectly. This is especially harsh if you did not actually assault anyone! DV cases require immediate and significant work to be done to improve the first offer and the family dynamics involved. Domestic Violence cases are often brought as a result of chaotic, hearsay, he-said-she-said circumstances and need the expertise of criminal defense lawyer to untangle the allegations, and let reality be known.  

Image by Carles Rabada

No Contact Bail conditions in Maine Domestic Violence cases: 

Of utmost significance, when a person is arrested for a domestic violence crime in Maine, there will almost always be no-contact bail conditions placed on the person charged. Those bail conditions usually prohibit all contact with the “alleged victim” or the accused’s significant other. Not surprisingly, this is often not what either of the couple want, and the no-contact condition of bail creates a significant hardship on the their family dynamic. Overcoming or changing that no-contact bail requirement is often the first concern. It is a critical first step because if the person charged violates that condition by having contact, they will be arrested, can be held in jail, and face even more serious, often felony level criminal charges. If this is a situation you are currently facing, reach out to a Maine criminal defense lawyer who is not intimidated by DV cases, and is prepared to file the paperwork to request the no contact bail conditions be amended as soon as possible. Those no contact conditions are not easy to amend, so speak with a defense lawyer immediately and make sure you are comfortable that you are hiring a defense lawyer who knows what is persuasive to Maine judges, and what steps you can make to better the chances of seeing your spouse or significant other as soon as possible. 

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