How to Obtain a Protection from Harassment (PFH) Order in Maine: Costs, Timeline, and Process

Nobody should have to live in fear of being followed, repeatedly threatened, or harassed. In Maine, the legal system provides a powerful tool to stop this behavior: the Protection from Harassment (PFH) order. Unlike a domestic violence restraining order, a PFH is specifically designed to protect you from people who are not your family members or romantic partners. This could include a relentless neighbor, a disgruntled former employee, or a stranger who is cyberstalking you.

Understanding how to navigate the Maine District Court system is essential for securing this protection. The process involves filing formal complaints, presenting evidence, and attending a hearing. Because the burden of proof rests on you to show that the harassment occurred, working with a local attorney from our directory can significantly improve your chances of obtaining a permanent, enforceable court order.

The Difference Between a PFH and a PFA in Maine

Before filing any paperwork, you must ensure you are applying for the correct type of order. Maine law clearly divides protective orders into two categories based on your relationship with the abuser.

A Protection from Abuse (PFA) is governed by 19-A M.R.S. § 4101 and is strictly for victims who are family members, current or former romantic partners, or individuals who live together. If a stranger, a neighbor, or a coworker is harassing you, you must seek a Protection from Harassment (PFH) order under 5 M.R.S. § 4651 and file in District Court pursuant to 5 M.R.S. § 4652. Filing the wrong form will result in the judge dismissing your case entirely, forcing you to start over.

Step-by-Step Process for Obtaining a PFH Order

Obtaining a PFH involves a specific timeline, starting from the moment you submit your application at your local courthouse, such as the Portland District Court, Portland or the Bangor District Court, Bangor.

Step 1: Filing the Complaint

Your first step is to complete Form PA-006, Maine, Judicial Branch, Complaint for Protection from Harassment. You must clearly and truthfully detail the incidents of harassment, providing specific dates and describing how the defendant intimidated or threatened you. Maine law defines harassment as three or more acts of intimidation, confrontation, or physical force, OR a single act of sexual assault or stalking. You will also need to submit Form PA-005, Maine, Judicial Branch, Protection Order Service Information so law enforcement can officially serve the papers to the defendant.

Step 2: The Emergency Temporary Order

If you are in immediate, present danger, you can request an Ex Parte Temporary Order. A judge will review your complaint the same day you file it, without the defendant being present. If the judge believes you are in immediate physical danger, they will sign the temporary order. This order becomes legally active the moment a police officer hands it to the defendant, ordering them to stay away from you, your home, and your workplace.

Step 3: The Final Hearing and Burden of Proof

Whether or not a temporary order is granted, the final hearing is scheduled for the earliest available court date. Unlike domestic abuse matters that mandate a hearing within 21 days under 19-A M.R.S. § 4108(4), PFH hearings are set according to court docket availability under 5 M.R.S. § 4654. At this hearing, the defendant has the right to show up and defend themselves. You must prove your case by a preponderance of the evidence. As seen in harassment precedents like Allen v. Rae, 206 A.3d 902 (ME Supreme Judicial Court 2019), you must bring physical evidence-such as printed text messages, voicemails, or witnesses-to convince the judge that the harassment legally occurred. If successful, the judge will issue a final PFH order that can last up to one year and can be renewed.

How Much Does it Cost to File in Maine?

The financial barrier to obtaining a PFH depends on the nature of the harassment you experienced.

• Filing Fees: Standard PFH complaints carry a court filing fee of $55.00 under the Maine Judicial Branch court fees schedule. There is also a fee for the sheriff to serve the papers, usually around $20 to $40.
• Fee Waivers: Under federal law (34 U.S.C. § 10450) and Maine court fee rules, if your complaint alleges that you are a victim of stalking, sexual assault, or domestic violence, the court will completely waive both the filing fee and the service fee. You can also file a motion to waive fees under M.R. Civ. P. 91 if you are low-income.
• Attorney Fees: Hiring a private attorney to represent you at the final contested hearing generally costs between $1,500 and $3,500.

How Long Does the Process Take?

The temporary order is usually reviewed and signed on the exact same day you file your paperwork. Once the temporary order is issued, the court schedules the final hearing for the earliest available date rather than under a strict 21-day mandate. If the defendant cannot be located for service, the court may continue (delay) the hearing, but the temporary order remains in effect to protect you.

Frequently Asked Questions (FAQ)