Vermont § 1105 - Service
Full text of Vermont Vermont Statutes Online § 1105 — Service, with citation guidance and answers to common questions.
§ 1105. Service
- (a) A complaint or ex parte temporary order or final order issued under this chapter shall
be served in accordance with the Vermont Rules of Civil Procedure and may be served
by any law enforcement officer. A court that issues an order under this chapter during
court hours shall promptly transmit the order electronically or by other means to
a law enforcement agency for service. (b)(1) A defendant who attends a hearing held under section 1103 or 1104 of this title at which a temporary or final order under this chapter is issued and who receives
notice from the court on the record that the order has been issued shall be deemed
to have been served. A defendant notified by the court on the record shall be required
to adhere immediately to the provisions of the order. The clerk shall mail a copy
of the order to the defendant at the defendant’s last known address. (2) An ex parte temporary order issued under this chapter shall remain in effect until
either it is dismissed by the court or the petition is denied at the final hearing.
If the plaintiff fails to appear at the final hearing, the petition shall be dismissed,
provided that the court may continue the temporary order until the final hearing if
it makes findings on the record stating why there is good cause not to dismiss the
petition. If a final order is issued, the temporary order shall remain in effect until
personal service of the final order. (c) Abuse orders shall be served by the law enforcement agency at the earliest possible
time and shall take precedence over other summonses and orders. Orders shall be served
in a manner calculated to ensure the safety of the plaintiff. Methods of service that
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. (d) 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; 2005, No. 193 (Adj. Sess.), § 6, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 12; 2013, No. 17, § 1; 2013, No. 17, § 2, eff. Nov. 1, 2013; 2019, No. 176 (Adj. Sess.), § 2, eff. Oct. 8, 2020; 2023, No. 46, § 31, eff. June 5, 2023.)
Frequently Asked Questions About Vermont § 1105
What does Vermont Statutes Online § 1105 cover?
Section 1105 ("Service") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Vermont § 1105?
A common citation format is "Vermont Statutes Online § 1105" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Vermont law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.
How does Vermont § 1105 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.