Vermont § 1103 - Requests for relief

§ 1103. Requests for relief

• (a) Any family or household member may seek relief from abuse by another family or household
  member on behalf of themselves or their children by filing a complaint under this
  chapter. A minor 16 years of age or older, or a minor of any age who is in a dating
  relationship as defined in subdivision 1101(3) of this chapter, may file a complaint
  under this chapter seeking relief on the minor’s own behalf. The plaintiff shall submit
  an affidavit in support of the order. (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)(1) The court shall make such orders as it deems necessary to protect the plaintiff or
  the children, or both, if the court finds that the defendant has abused the plaintiff,
  and: (A) there is a danger of further abuse; or (B) the defendant is currently incarcerated and has been convicted of one of the following:
  murder, attempted murder, kidnapping, domestic assault, aggravated domestic assault,
  sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or
  lascivious conduct with a child, use of a child in a sexual performance, or consenting
  to a sexual performance. (2) The court order may include the following: (A) An order that the defendant refrain from abusing the plaintiff or the plaintiff’s
  children, or both, and from interfering with their personal liberty, including restrictions
  on the defendant’s ability to contact the plaintiff or the plaintiff’s children, or
  both, in any way, whether directly, indirectly, or through a third party, with the
  purpose of making contact with the plaintiff, including in writing or by telephone,
  email, or other electronic communication, 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 the plaintiff’s children
  are likely to spend time. (B) An order that the defendant immediately vacate the household and that the plaintiff
  be awarded sole possession of a residence. (C) A temporary award of parental rights and responsibilities in accordance with the criteria
  in section 665 of this title. (D) An order for parent-child contact under such conditions as are necessary to protect
  the child or the plaintiff, or both, from abuse in accordance with section 665a of this title. 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. (E) 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. (F) 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. (G) An order concerning the possession, care, and control of any animal owned, possessed,
  leased, kept, or held as a pet by either party or a minor child residing in the household. (H) An order that the defendant return any personal documentation in the defendant’s possession,
  including immigration documentation, birth certificates, and identification cards: (i) pertaining to the plaintiff; or (ii) pertaining to the plaintiff’s children if relief is sought for the children or for
  good cause shown. (I) An order awarding possession of a vehicle to the plaintiff for a set period of time,
  provided that the plaintiff: (i) is the owner or joint owner of the vehicle; (ii) is the primary payor on the vehicle loan; (iii) has primary possession or control of the vehicle; or (iv) has been restricted from using the vehicle by the defendant. (J) An order requiring the defendant to complete a domestic violence accountability program
  approved by the Council on Domestic Violence. Failure to complete the program shall
  not be considered a crime for any purpose, including 13 V.S.A. § 1030, but may subject the defendant to civil contempt proceedings pursuant to Rule 16
  of the Vermont Rules of Family Proceedings. Successful completion of the program shall
  be considered a substantial change in circumstances for purposes of requests to modify
  an order. A court may consider a defendant’s failure to successfully complete the
  program when determining whether to extend an order. (d) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation
  of the plaintiff’s sexual conduct shall be admitted. Evidence of prior sexual conduct
  of the plaintiff shall not be admitted; provided, however, where it bears on the credibility
  of the plaintiff or it is material to a fact at issue and its probative value outweighs
  its private character, the court may admit: (1) evidence of the plaintiff’s past sexual conduct with the defendant; (2) evidence of specific instances of the plaintiff’s sexual conduct showing the source
  of origin of semen, pregnancy, or disease; and (3) evidence of specific instances of the plaintiff’s past false allegations of violations
  of 13 V.S.A. chapter 59 or 72. (e) 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. (f) No filing fee shall be required. (g) 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. (h) Form complaints and form orders shall be provided by the Court Administrator and shall
  be maintained by the clerks of the courts. (i) When findings are required under this section, the court shall make either written
  findings of fact or oral findings of fact on the record. (j) 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.” (k) Affidavit forms required pursuant to this section shall bear the following language:
  “MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT
  OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” (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; 2005, No. 193 (Adj. Sess.), § 4, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 11; 2013, No. 17, § 8; 2015, No. 153 (Adj. Sess.), § 31; 2017, No. 44, § 8, eff. May 23, 2017; 2025, No. 46, § 2, eff. July 1, 2025.)