Protective Orders in Vermont

Who qualifies and what counts as abuse

Under 15 V.S.A. Section 1101, abuse means attempting or causing physical harm, or placing someone in fear of imminent serious physical harm. It also means child abuse, stalking, sexual assault, or coercive controlling behavior between family or household members. Coercive controlling behavior includes isolating someone from friends or family, or depriving them of basic necessities. It also includes controlling their movements, communications, finances, or access to services, and compelling or restraining conduct through force, threat, or intimidation, including threats tied to immigration status. It covers threatening cruelty to animals, and forced sex acts or sexual threats.

Household members means people who currently or previously lived together, shared a dwelling, had a sexual relationship, or are or were dating. The court weighs factors like the nature of the relationship to decide if a dating relationship existed.

Filing and ex parte emergency relief

Under 15 V.S.A. Section 1103, a family or household member can file a complaint on their own behalf or their children's, with an affidavit supporting the request. A minor age 16 or older, or a minor of any age in a qualifying dating relationship, can file on their own behalf. Under Section 1104, a temporary order can be issued ex parte, without notice to the defendant. This requires a finding that the defendant abused the plaintiff or the plaintiff's children, and that there is immediate danger of further abuse. The plaintiff's affidavit can be sworn over the phone to an authorized judiciary employee.

The 14-day hearing rule

Every ex parte order must state a date, time, and place when the defendant can appear to ask the court to modify or discharge it. That opportunity to contest the order must be scheduled as soon as reasonably possible, and by law no later than 14 days from when the order was issued. At that hearing, the plaintiff must prove abuse by a preponderance of the evidence. If they do, the court continues the order and can add other protections it finds necessary.

Firearms

When the court finds immediate danger of further abuse as part of ex parte relief, it can order the defendant to immediately relinquish all firearms in their possession, ownership, or control. This lasts until the order expires. It can also order the defendant to refrain from acquiring or possessing any firearms while the order is in effect. This is one of the specific forms of relief a Vermont court can order at the emergency stage, not just after a full hearing.

Custody, housing, and vehicles

If the court finds immediate danger of physical or emotional harm to minor children, it can award temporary custody to the plaintiff or another person. Say the plaintiff and children have been forced from the household and would otherwise be without shelter. In that case, the court can order the defendant to vacate immediately and award sole possession of the residence to the plaintiff.

The court can also award the plaintiff temporary use of a vehicle needed to escape or prevent abuse. This applies if the plaintiff owns it, is the primary loan payor, primarily possesses it, or has been blocked from using it by the defendant. A final order can include a temporary award of parental rights and responsibilities, and set parent-child contact conditions needed to protect the child or plaintiff from abuse.