Vermont § 6936 - Emergency relief; hearings

§ 6936. Emergency relief; hearings

• (a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter
  may be issued ex parte, without notice to the defendant, upon motion and findings
  by the court that the defendant has abused, neglected, or exploited the vulnerable
  adult and that serious and irreparable harm to the physical health or financial interests
  of the vulnerable adult will result without ex parte relief. (b) If the petition is made by an interested person, notice shall be provided to the vulnerable
  adult and the court shall determine whether the vulnerable adult is capable of expressing
  his or her wishes with respect to the petition and if so, whether the vulnerable adult
  wishes to pursue the petition. If the court determines that the vulnerable adult is
  capable of expressing his or her opinion and does not wish to pursue the petition,
  the court shall dismiss the petition. (c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and
  place when the defendant may appear to petition the court for modification or discharge
  of the order. When service of the temporary order cannot be made before the scheduled
  hearing, the court shall continue the hearing and extend the terms of any temporary
  order upon request of the plaintiff for such additional time as it deems necessary
  to achieve service on the defendant. The defendant’s opportunity to contest shall
  be scheduled as soon as reasonably possible, but in no event later than 10 days from
  the date of issuance of the order. (d)(1) The Court Administrator shall establish procedures to ensure access to relief after
  regular court hours or on weekends and holidays. (2) The procedures established pursuant to this subsection shall include: (A) designation of an employee of the Judiciary authorized to receive requests for ex
  parte petitions submitted after regular court hours; and (B) permission for the petitioner’s affidavit to be sworn to or affirmed by administration
  of the oath over the telephone to the petitioner by the authorized person, during
  or after regular court hours. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 13, eff. June 13, 2002; 2021, No. 147 (Adj. Sess.), § 4a, eff. May 31, 2022.)