Domestic Abuse Laws
Vermont
2001

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Vermont Statutes
Domestic Abuse


§ 1101. Definitions

The following words as used in this chapter shall have the following meanings:

(1) "Abuse" means the occurrence of one or more of the following acts between family or household members:

(A) attempting to cause or causing physical harm;

(B) placing another in fear of imminent serious physical harm;

(C) abuse to children as defined in subchapter 2 of chapter 49 of Title 33.

(2) "Household members" means persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or who have dated. "Dating" means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists or existed include:

(A) the nature of the relationship;

(B) the length of time the relationship has existed;

(C) the frequency of interaction between the parties;

(D) the length of time since the relationship was terminated, if applicable.

(3) A "foreign abuse prevention order" means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Family Court Rules or chapter 69 of Title 33.

(4) "Other state" and "issuing state" shall mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico or the District of Columbia.

(5) A "protection order" means any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts, other than support or child custody orders, whether obtained by filing an independent action or as a pendente lite order in another proceeding so long as any civil order was issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.

(6) "Family" shall include a reciprocal beneficiary. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 207 (Adj. Sess.), § 2, eff. April 25, 1982; No. 218 (Adj. Sess.), § 1; 1991, No. 135 (Adj. Sess.), § 14; 1995, No. 170 (Adj. Sess.), § 26, eff. May 15, 1996; 1997, No. 153 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), § 38; No. 124 (Adj. Sess.), § 10.)

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§ 1102. Jurisdiction and venue

(a) The family court shall have jurisdiction over proceedings under this chapter.

(b) Emergency orders under section 1104 of this title may be issued by a judge of the district, superior or family court.

(c) Proceedings under this chapter may be commenced in the county in which the plaintiff resides. If the plaintiff has left the residence or household to avoid abuse, the plaintiff shall have the option to bring an action in the county of the previous residence or household or the county of the new residence or household. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1985, No. 79, § 1; 1993, No. 228 (Adj. Sess.), § 1.)

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§ 1103. Requests for relief

(a) Any family or household member may seek relief from abuse by another family or household member on behalf of him or herself or his or her children by filing a complaint under this chapter.

(b) Except as provided in section 1104 of this title, the court shall grant relief only after notice to the defendant and a hearing. The plaintiff shall have the burden of proving abuse by a preponderance of the evidence.

(c) If the court finds that the defendant has abused the plaintiff and that there is a danger of further abuse, the court shall make such orders as it deems necessary to protect the plaintiff, the children or both, which may include the following:

(1) an order that the defendant refrain from abusing the plaintiff, his or her children or both and from interfering with their personal liberty, including restrictions on the defendant's ability to contact the plaintiff or the children in person, by phone or by mail and restrictions prohibiting the defendant from coming within a fixed distance of the plaintiff, the children, the plaintiff's residence, or other designated locations where the plaintiff or children are likely to spend time;

(2) an order that the defendant immediately vacate the household and that the plaintiff be awarded sole possession of a residence;

(3) a temporary award of parental rights and responsibilities in accordance with the criteria in section 665 of this title;

(4) an order for parent-child contact under such conditions as are necessary to protect the child or the plaintiff, or both, from abuse. An order for parent-child contact may if necessary include conditions under which the plaintiff may deny parent-child contact pending further order of the court;

(5) if the court finds that the defendant has a duty to support the plaintiff, an order that the defendant pay the plaintiff's living expenses for a fixed period of time not to exceed three months;

(6) if the court finds that the defendant has a duty to support the child or children, a temporary order of child support pursuant to chapter 5 of this title, for a period not to exceed three months. A support order granted under this section may be extended if the relief from abuse proceeding is consolidated with an action for legal separation, divorce or parentage.

(d) Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff, the children, or both, from abuse. It is not necessary for the court to find that abuse has occurred during the pendency of the order to extend the terms of the order. The court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstance.

(e) No filing fee shall be required.

(f) Every order under this chapter shall contain the name of the court, the names of the parties, the date of the petition, the date and time of the order and shall be signed by the judge.

(g) Form complaints and form orders shall be provided by the court administrator and shall be maintained by the clerks of the courts.

(h) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.

(i) Every final order issued under this section shall bear the following language: "VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH." (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 5; 1983, No. 34, eff. April 18, 1983; 1985, No. 79, § 3; 1993, No. 228 (Adj. Sess.), § 2.)

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§ 1104. Emergency relief

(a) In accordance with the rules of civil procedure, temporary orders under this chapter may be issued ex parte, without notice to defendant, upon motion and findings by the court that defendant has abused plaintiff, his or her children or both. Relief under this section shall be limited as follows:

(1) upon a finding that there is an immediate danger of further abuse, an order may be granted requiring the defendant

(A) to refrain from abusing the plaintiff, his or her children or both and

(B) to refrain from interfering with the plaintiff's personal liberty, the personal liberty of plaintiff's children, or both;

(2) upon a finding that the plaintiff, his or her children or both have been forced from the household and will be without shelter unless the defendant is ordered to vacate the premises, the court may order the defendant to vacate immediately the household and may order sole possession of the premises to the plaintiff;

(3) upon a finding that there is immediate danger of physical or emotional harm to minor children, the court may award temporary custody of these minor children to the plaintiff or to other persons.

(b) Every order issued under this section shall contain the name of the court, the names of the parties, the date of the petition, the date and time of the order and shall be signed by the judge. Every order issued under this section shall state upon its face a date, time and place when the defendant may appear to petition the court for modification or discharge of the order. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 10 days from the date of issuance of the order. At such hearings, the plaintiff shall have the burden of proving abuse by a preponderance of the evidence. If the court finds that the plaintiff has met his or her burden, it shall continue the order in effect and make such other order as it deems necessary to protect the plaintiff.

(c) Form complaints and form orders shall be provided by the court administrator and shall be maintained by the clerks of the courts.

(d) Every order issued under this chapter shall bear the following language: "VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH." (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1985, No. 79, § 4; 1989, No. 294 (Adj. Sess.), § 2.)

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§ 1105. Service

(a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the rules of civil procedure and may be served by any sheriff, deputy sheriff, or any municipal or state police officer. Abuse orders shall be served at the earliest possible time and shall take precedence over other summonses and orders. Orders shall be served in a manner calculated to insure the safety of the plaintiff. Methods of service which include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time and place at which the order was delivered personally to the defendant.

(b) If service of a notice of hearing issued under section 1103 or 1104 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 2; 1993, No. 228 (Adj. Sess.), § 3.)

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§ 1106. Procedure

(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the family court rules and shall be in addition to any other available civil or criminal remedies.

(b) The court administrator shall establish procedures to insure access to relief after regular court hours, or on weekends and holidays. The court administrator is authorized to contract with public or private agencies to assist plaintiffs to seek relief and to gain access to district, superior and family courts. Law enforcement agencies shall assist in carrying out the intent of this section.

(c) The office of the court administrator shall ensure that the family court and the district court have procedures in place so that the contents of orders and pendency of other proceedings can be known to both courts for cases in which an abuse prevention proceeding is related to a criminal proceeding. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 3; 1993, No. 228 (Adj. Sess.), § 4.)

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§ 1107. Filing orders with law enforcement personnel; department of public safety relief from abuse database

(a) Police departments, sheriff's departments and state police district offices shall establish procedures for filing abuse prevention orders issued under this chapter, chapter 69 of Title 33, and foreign abuse prevention orders and for making their personnel aware of the existence and contents of such orders.

(b) Any court in this state that issues an abuse prevention order under section 1104 or 1103 of this chapter, or that files a foreign abuse prevention order in accordance with section 1108(d) of this chapter, shall transmit a copy of the order to the department of public safety relief from abuse database. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1995, No. 170 (Adj. Sess.), § 27, eff. May 15, 1996.)

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§ 1108. Enforcement

(a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order shall be accorded full faith and credit throughout this state and shall be enforced as if it were an order of this state. Enforcement may include, but is not limited to:

(1) making an arrest in accordance with the provisions of V.R.Cr.P. 3;

(2) assisting the recipient of an order granting sole possession of the residence to obtain sole possession of the residence if the defendant refuses to leave;

(3) assisting the recipient of an order granting sole custody of children to obtain sole custody of children if the defendant refuses to release them.

(b) A law enforcement officer may rely upon a copy of any order issued under this chapter or any foreign abuse prevention order which has been provided to the law enforcement officer by any source. Law enforcement personnel may rely upon the written and sworn statement of the person protected by the foreign abuse prevention order that the order remains in effect. An officer's reasonable reliance as provided in this subsection shall be a complete defense in any civil action arising in connection with a court's finding under subsection (c) of this section that the order was not enforceable.

(c) A foreign abuse prevention order shall be enforceable in the courts in this state if all the following are satisfied:

(1) The defendant has received notice of the order in compliance with the requirements of the issuing state.

(2) The order is in effect in the issuing state.

(3) The court in the issuing state had jurisdiction over the parties and the subject matter under the law of the issuing state.

(4) In the issuing state the law gives reasonable notice and opportunity to be heard to the person against whom the order is sought sufficient to protect that person's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided within a reasonable time after the order is issued, sufficient to protect the defendant's due process rights. Failure to provide reasonable notice and opportunity to be heard shall be an affirmative defense to any charge or process filed seeking enforcement of the foreign protection order.

(d) A person entitled to protection under a foreign abuse prevention order may file the foreign abuse prevention order in any family court by filing a certified copy of the order with the court. The person shall swear under oath in an affidavit that to the best of the person's knowledge the order is presently in effect as written. Upon inquiry by a law enforcement agency, the clerk of the family court shall make a copy of the foreign abuse prevention order available.

(e) In addition to the provisions of subsection (a) of this section, violation of an order issued under this chapter may be prosecuted as a criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the state's attorney in district or superior court in the unit or county in which the violation occurred. The maximum penalty which may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed in the discretion of the court pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. After two years have passed from conviction under this subsection, the court may on motion of the defendant expunge the record of the criminal proceeding and conviction unless the defendant has been convicted of a felony or misdemeanor involving moral turpitude or a violation of a domestic abuse order after such initial adjudication. (Added 1981, No. 218 (Adj. Sess.), § 4; amended 1985, No. 79, § 5; 1995, No. 170 (Adj. Sess.), § 28, eff. May 15, 1996.)

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§ 1109. Appeals

An order of the court issued under section 1103 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the supreme court under the Vermont Rules of Appellate Procedure and the appeal shall be determined forthwith. (Added 1985, No. 79, § 6.)

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§ 1110. Requests for child support; transfer to office of magistrate

A request for child support under this chapter may be transferred by the court to the office of magistrate for hearing and disposal. A magistrate's support order granted under this section may not exceed three months unless the relief from abuse proceeding is consolidated with an action for legal separation, divorce or parentage. (Added 1993, No. 228 (Adj. Sess.), § 5.)

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