Experienced Domestic Violence Attorney

A domestic violence charge can turn your life upside down in an instant. You're facing potential jail time, protective orders that keep you from your own home, and the very real risk of losing your job, your reputation, and custody of your children. These cases move fast, and the stakes are too high to navigate alone. At Bourget & Banda, we've spent decades defending clients in Augusta, Bangor, and Portland courtrooms, and we're here to fight for your future.

Domestic Violence Laws in Maine

Under Maine Revised Statutes Title 19-A, domestic violence involves abuse between family or household members-including spouses, former spouses, people who live together or have lived together, current or former dating partners, parents who share a child, and blood relatives. The charges can stem from physical assault, terrorizing, restraining someone against their will, or destroying property to intimidate or control.
The relationship between the parties makes these cases distinct from simple assault. Maine courts handle domestic violence cases differently, with specialized dockets in many counties and prosecutors who focus exclusively on these charges. You might face an immediate Protection from Abuse order within 24 hours of arrest, forcing you out of your home before you've even been to court.

Misdemeanor vs Felony Charges

Maine law classifies domestic violence assault under Title 17-A. Class D misdemeanor assault involves intentionally, knowingly, or recklessly causing bodily injury or offensive physical contact. Felony charges-Class C or Class B-apply when the assault causes serious bodily injury, involves a dangerous weapon, or when you have prior convictions.

When Does a Charge Escalate from Misdemeanor to Felony

A misdemeanor becomes a felony if you have two or more prior domestic violence convictions, if the alleged victim suffered serious bodily injury requiring medical treatment, or if a weapon was used. We've seen cases escalate from Class D to Class C based solely on the prosecutor's interpretation of "serious" injury-which is why having an attorney who knows how Maine judges and district attorneys in your county handle these distinctions matters.

How the Court Handles First-Time Offenses

First-time offenders may qualify for deferred disposition in some Maine counties, where charges are dismissed after completing counseling and a probationary period. Kennebec and Penobscot County courts also offer batterer intervention programs that can keep convictions off your record. These programs aren't guaranteed-your attorney needs to negotiate for them and demonstrate why you qualify.

Possible Penalties and Long-Term Consequences

Class D convictions carry up to 364 days in jail and fines up to $2,000. Class C felonies mean up to five years in prison. Beyond jail time, you'll lose your firearm rights under federal law and Maine statute. Many of our clients face job loss-particularly those with commercial driver's licenses or professional certifications. Landlords routinely reject applicants with domestic violence convictions, and custody evaluators view these cases unfavorably.

Protective Orders and Restrictions

Protection from Abuse orders in Maine last up to two years and prohibit contact, possession of firearms, and may require you to leave a shared residence. Violating these orders-even a text message to apologize-results in new criminal charges. We've represented clients who lost custody or visitation rights because of these orders, which is why challenging unfounded PFA petitions immediately is critical.

How an Experienced Lawyer Can Help

We've handled hundreds of domestic violence cases across Maine's court system. We know the prosecutors, the judges, and how each county approaches these charges. We examine police reports for Miranda violations, review 911 recordings for inconsistencies, interview witnesses the state overlooks, and challenge evidence obtained without proper warrants.

Early Intervention and Pre-Trial Advocacy

We can contact the District Attorney's office before formal charges are filed. In some cases, we've convinced prosecutors not to charge clients after presenting contradictory evidence or witness statements they hadn't considered. We also file immediate motions to modify or dismiss PFA orders when the allegations don't meet legal standards.

Consistent Communication and Support

You'll have direct access to your attorney-not just a paralegal. We return calls within hours, not days. You'll know what's happening at every stage, from arraignment through trial or plea negotiations.

Defenses and Falsely Accused Cases

Self-defense is a complete defense under Maine law if you reasonably believed you faced imminent bodily harm. We've successfully defended clients falsely accused during custody disputes or relationship breakdowns. False accusations require immediate investigation-witness interviews, text message review, and medical record examination before memories fade and evidence disappears.

Protect Your Future-Contact Our Firm Today

A domestic violence charge threatens everything you've built. The sooner you contact Bourget & Banda, the more options we have to protect your rights, your record, and your family. Call us today for a confidential consultation.