03-201-15 Me. Code R. § 1

Current through 2025-02, January 8, 2025

Section 201-15-1 - Procedures and Standards for Domestic Violence Intervention Programs (relating to psychological, physical, verbal and sexual abuse)

1.1Definitions

A.Domestic Abuse

In the context of this rule, the definition of the term "domestic abuse" refers to the definition of "abuse" in 19-A M.R.S.A. §4102 and also includes behaviors considered to be "stalking" as described in 17-A M.R.S.A. §210-A and crimes of violence described in Title 17-A, Chapter 9.

"Domestic abuse" means the occurrence of the following acts between family or household members or dating partners:

1. Attempting to cause or causing bodily injury or offensive physical contact, including sexual assaults under Title 17-A, Chapter 11, except that contact as described in 17-A M.R.S.A. §106, sub-§ 1 (reasonable degree of force used by a parent, guardian, etc. in response to a child's misconduct) is excluded from this definition;

2. Attempting to place or placing another in fear of bodily injury through any course of conduct including, but not limited to, threatening, harassing, or tormenting behavior;

3. Compelling a person by force, threat of force or intimidation to engage in conduct from which the person has a right or privilege to abstain or to abstain from conduct in which the person has a right to engage;

4. Knowingly restricting substantially the movements of another person without that person's consent or other lawful authority by: removing that person from that person's residence, place of business or school; moving that person a substantial distance from the vicinity where that person was found; or confining that person for a substantial period either in the place where the restriction commences or in a place to which that person has been moved;

5. Communicating to a person a threat to commit, or to cause to be committed, a crime of violence dangerous to human life against the person to whom the communication is made or another, and the natural and probable consequence of the threat, whether or not that consequence in fact occurs, is to place the person to whom the threat is communicated, or the person against whom the threat is made, in reasonable fear that the crime will be committed;

6. Engaging in stalking as described in 17-A M.R.S.A. §210-A, including but not limited to, repeatedly and without reasonable cause following the victim, or being at or in the vicinity of the victim's home, school, business or place of employment;

7. Engaging in the unauthorized dissemination of certain private images as prohibited pursuant to 17-A M.R.S.A §511-A;

8. Engaging in aggravated sex trafficking or sex trafficking as described in 17-A M.R.S.A. §852 or § 853, respectively; or

9. Committing a crime under Title 17-A, Chapter 9, whether the crime is denominated a domestic violence crime or not.

B. "Family or household members" means:

1. Present or former spouses or domestic partners;

2. Individuals presently or formerly living together as spouses;

3. Parents of the same child;

4. Adult household members related by consanguinity or affinity;

5. Minor children of a parent or guardian when the defendant is an adult household member of that parent or guardian;

6. Individuals presently or formerly living together; and

7. Individuals who are or were sexual partners.

Holding oneself out to be a spouse is not necessary to constitute "living together as spouses." "Domestic partners" means 2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other's welfare.

C. "Dating partners" means individuals currently or formerly involved in dating each other, whether or not the individuals are or were sexual partners.

D. "Intimate partners" means dating partners or family or household members who are present or former spouses or domestic partners; individuals presently or formerly living together as spouses; parents of the same child; and individuals who are or were sexual partners.

E. "Domestic abuse offender" means a person who has committed domestic abuse.

F. "Domestic abuse victim" means a person who has experienced domestic abuse and includes a victim of a domestic violence crime as defined by 17-A M.R.S.A. §2101(2). Note: Individuals who have experienced domestic abuse may identify themselves in a variety of ways, including using the terms "victim" or "survivor." Domestic violence intervention programs may use the term "affected party" and may include others impacted by domestic abuse who do not meet the statutory definition of "victim," including children or other family or household members.

G.Coordinated Community Response

1. Coordinated community response ("CCR") refers to when individuals, private agencies, government agencies, and courts work together to: keep domestic abuse victims safe in the community; hold domestic abuse offenders accountable; and change the culture in the community to end domestic abuse.

H.Domestic Violence Intervention Program

1. The term "domestic violence intervention program" ("DVIProgram") refers to a community-based educational program for adults which is one component of a coordinated community response to domestic abuse where the main goals are:

a. working toward the safety of victims;

b. holding domestic abuse offenders accountable for their actions; and

c. ending domestic abuse.

I.Domestic Violence Center

1. The term "domestic violence center" ("DVC") refers to a network of programs and services for victims of domestic abuse. There are two coalitions of domestic violence centers in Maine.

The Maine Coalition to End Domestic Violence ("MCEDV") is comprised of ten member organizations, including eight of Maine's local domestic violence centers. Each domestic violence center is a private, independent, nonprofit agency which provides individual crisis intervention, legal information, and advocacy for individuals affected by domestic abuse, as well as support groups and shelter options for victims of domestic abuse and their children. These services are confidential, free of charge, and trauma responsive. In addition, domestic violence centers provide training, education, and consultation to community groups, schools, public officials, and services providers to improve the community's response to domestic abuse.

The Wabanaki Women's Coalition ("WWC") is comprised of the five tribal domestic violence centers that serve the Wabanki tribes in Maine (Penobscot Nation, Indian Township, Passamaquoddy, Malisset, and Micmac Domestic and Sexual Violence Advocacy Centers). Each of these tribal domestic violence centers is a nonprofit agency which provides individual crisis intervention, legal information, and advocacy for individuals affected by domestic abuse, as well as support groups and shelter options for victims of domestic abuse and their children. These services are culturally specific, confidential, free of charge, and trauma responsive. In addition, they provide training, education, and consultation to community groups, schools, public officials, and service providers to improve the tribal community's response to domestic abuse.

J.Monitoring consists of observation of and consultation about the performance/operation of a DVIProgram in order to promote the safety of victims of domestic abuse. Monitoring must be provided by staff of a DVC or by a third party monitor as outlined in section 5.8.

K.Supervision is the internal oversight of the process and content of a DVIProgram by staff consisting of a qualified primary supervisor as described in section 4.5.

L.Staff means both paid and unpaid staff.

03-201 C.M.R. ch. 15, § 1