Vermont § 5136 - Procedure

§ 5136. Procedure

• (a) Except as otherwise specified in this chapter, proceedings commenced under this chapter
  shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition
  to any other available civil or criminal remedies. (b)(1) The Court Administrator is authorized to contract with public or private agencies
  to assist plaintiffs to seek relief and to gain access to Superior Court. Law enforcement
  agencies shall assist in carrying out the intent of this section. (2) The Court Administrator shall establish procedures to ensure access to orders against
  sexual assault after regular court hours or on weekends and holidays in accordance
  with subdivisions (A)–(D) of this subdivision. (A) The court shall designate an authorized person to receive requests for ex parte emergency
  relief orders against sexual assault submitted after regular court hours pursuant
  to section 5134 of this title, including requests made by reliable electronic means according to the procedures
  in this subdivision (2). (B) If a secure setting is not available for processing an ex parte emergency relief order
  against sexual assault submitted after regular court hours, or if the authorized person
  determines that electronic submission is appropriate under the circumstances, the
  authorized person shall inform the applicant that a complaint and affidavit may be
  submitted electronically. (C) The affidavit shall be sworn to or affirmed by administration of the oath over the
  telephone to the applicant by the authorized person and shall conclude with the following
  statement: “I declare under the penalty of perjury pursuant to the laws of the State
  of Vermont that the foregoing is true and accurate. I understand that making false
  statements is a crime subject to a term of imprisonment or a fine, or both, as provided
  by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath
  was administered. (D) The authorized person shall communicate the contents of the complaint and affidavit
  to a judicial officer telephonically or by reliable electronic means. The judicial
  officer shall decide whether to grant or deny the complaint and issue the order solely
  on the basis of the contents of the affidavit or affidavits provided. The judicial
  officer shall communicate the decision to the authorized person, who shall communicate
  it to the applicant. If the order is issued, it shall be delivered to the appropriate
  law enforcement agency for service and to the holding station. (c) The Office of the Court Administrator shall ensure that the Superior Court has procedures
  in place so that the contents of orders and pendency of other proceedings can be known
  to all courts for cases in which an order against stalking or sexual assault proceeding
  is related to a criminal proceeding. (d) Unless otherwise ordered by the court, an order issued pursuant to sections 5133 and 5134 of this title shall not be stayed pending an appeal. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2009, No. 154 (Adj. Sess.), § 82; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 17, § 7; 2025, No. 12, § 3, eff. September 1, 2025.)