Vermont § 5134 - Emergency relief

§ 5134. Emergency relief

• (a) In accordance with the Vermont Rules of Civil Procedure, a person other than a family
  or household member as defined in 15 V.S.A. § 1101(3) may file a complaint for a temporary order against stalking or sexual assault. Stalking
  complaints shall be filed during regular court hours. The plaintiff shall submit an
  affidavit in support of the order. The court may issue a temporary order under this
  chapter ex parte, without notice to the defendant, upon motion and findings by the
  court that the defendant has stalked or sexually assaulted the plaintiff. The court
  may order the defendant to stay away from the plaintiff or the plaintiff’s children,
  or both, and may make any other such order it deems necessary to protect the plaintiff
  or the plaintiff’s children, or both. (b) Every order issued under this section shall contain the name of the court, the names
  of the parties, the date of the petition, and 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 that 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 14 days from
  the date of issuance of the order. At such hearings, the plaintiff shall have the
  burden of proving by a preponderance of the evidence that the defendant stalked or
  sexually assaulted the plaintiff. If the court finds that the plaintiff has met his
  or her burden, it shall continue the order in effect and make such other orders as
  it deems necessary to protect the plaintiff or the plaintiff’s children, or both. (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.” (e) 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 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 3; 2017, No. 11, § 23; 2025, No. 12, § 1, eff. September 1, 2025.)