Title 15, Title 15: Domestic Relations

§ 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 co…

§ 1106. Procedure (a) Except as otherwise specified in this chapter, proceedings commenced under this chapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies. (b)(1) The Court Administ…

§ 1107. Filing orders with law enforcement personnel; Department of Public Safety protection order database (a) Police departments, sheriff’s departments, and State police district offices shall establish procedures for filing abuse prevention orders issued under this chapter, 33…

§ 1108. Enforcement (a) Law enforcement officers are authorized to enforce orders issued under this chapter. A foreign abuse prevention order shall be accorded full faith and credit throughout this State and shall be enforced as if it were an order of this State. Enforcement may …

§ 1109. Appeals An order of the court issued under section 1103 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure and the appeal shall be determined f…

§ 1110. Requests for child support; transfer to Office of Magistrate A request for child support under this chapter may be transferred by the court to the Office of Magistrate for hearing and disposal. A magistrate’s support order granted under this section may not exceed three m…

§ 1115. Limitation or denial of visitation In any proceeding under this title, the fact that a parent has been convicted of any of the following offenses against the parent’s child shall be a ground for limiting or denying visitation: (1) sexual assault as defined in 13 V.S.A. § …

§ 1140. Domestic Violence Fatality Review Commission (a) The Domestic Violence Fatality Review Commission is established within the Office of the Attorney General, in consultation with the Council on Domestic Violence, for the following purposes: (1) to examine the trends and pat…

§ 1150. Findings and intent (a) The General Assembly finds that: (1) persons attempting to escape from actual or threatened domestic violence, sexual assault, stalking, and human trafficking frequently establish new addresses in order to prevent their assailants or probable assai…

§ 1151. Definitions Unless the context clearly requires otherwise, the definitions in this section apply throughout the subchapter. (1) “Actual address” means the physical location where the applicant resides and may include a school address or work address of an individual, as s…

§ 1152. Address Confidentiality Program; application; certification (a) An adult person, a parent, or a legal guardian acting on behalf of a minor or a legal guardian acting on behalf of an incapacitated person may apply to the Secretary of State to have an address designated by …

§ 1153. Certification cancellation (a) The Secretary of State may cancel a Program participant’s certification if, after the passage of 14 days: (1) from the date of changing his or her name, the Program participant does not notify the Secretary that he or she has obtained a name…

§ 1154. Agency use of designated address; agency other than law enforcement agency (a) A Program participant shall request that State and local agencies, other than law enforcement agencies, use the substitute address as the participant’s address. When creating a new public recor…

§ 1154a. Agency use of designated address; law enforcement agency (a) If requested in person by a Program participant to the person creating the record prior to the creation of the record, and upon proof of participation in the Program established by this chapter, a law enforceme…

§ 1155. Disclosure of address prohibited; exceptions (a) The Secretary of State may not make a Program participant’s address, other than the address designated by the Secretary, available for inspection or copying, except under the following circumstances: (1) if requested by a l…

§ 1156. Nondisclosure of address in criminal and civil proceedings No person shall be compelled to disclose a Program participant’s actual address during the discovery phase of or during a proceeding before a court of competent jurisdiction or administrative tribunal unless the c…

§ 1157. Assistance for Program applicants The Secretary of State shall make available a list of State and local agencies and nonprofit agencies that provide counseling and shelter services to victims of domestic violence, sexual assault, stalking, and human trafficking to assist …

§ 1158. Voting by Program participant A Program participant who is otherwise qualified to vote may register to vote and apply for an early voter absentee ballot pursuant to rules adopted by the Secretary of State under section 1160 of this title. Such rules shall enable a town cl…

§ 1159. Custody and visitation orders Nothing in this chapter, nor participation in this Program, affects custody or visitation orders in effect prior to or during program participation. (Added 1999, No. 134 (Adj. Sess.), § 2, eff. Jan. 1, 2001.)

§ 1160. Adoption of rules (a) The Secretary of State shall adopt rules necessary to perform the Secretary’s duties under this subchapter relating to: (1) program application and certification; (2) certification cancellation; (3) agency use of designated addresses and exceptions; …

§ 1171. Creation of Vermont Council on Domestic Violence There is created the Vermont Council on Domestic Violence. The Council shall provide leadership for Vermont’s statewide effort to eradicate domestic violence. (Added 2007, No. 174 (Adj. Sess.), § 14.)

§ 1172. Purpose; powers; duties (a) The Council shall: (1) facilitate opportunities for dialogue, advocacy, education, and support among State agencies, advocacy groups, and the public; (2) collect, review, and analyze data and information relating to domestic violence; (3) provi…

§ 1173. Composition and meetings (a) The Council shall consist of the following members to be appointed as follows: (1) To be appointed by the Governor: (A) one member of the public who shall be a survivor of domestic violence; (B) a representative from the same-sex domestic viol…

§ 1181. Definitions As used in this subchapter: (1) “Abusive litigation” means litigation where the criteria set forth below in each of subdivisions (A)–(D) are found to have been established: (A) The opposing parties have a current or former family or household member relationsh…

§ 1182. Order restricting abusive litigation (a) A party who meets the requirements of subdivision 1181(1) of this title may request an order restricting abusive litigation: (1) in any answer or response to the litigation being filed, initiated, advanced, or continued; (2) by mot…

§ 1183. Hearing; procedure At the hearing, evidence of any of the following shall create a rebuttable presumption that litigation is being initiated, advanced, or continued primarily for the purpose of harassing, intimidating, or maintaining contact with the other party: (1) The …

§ 1184. Burden of proof (a) If the court finds by a preponderance of the evidence that a party is engaging in abusive litigation and that any or all of the motions or actions pending before the court are abusive litigation, the litigation shall be dismissed, denied, stricken, or …

§ 1185. Filing of a new case by a person subject to an order restricting abusive litigation (a) Except as otherwise provided in this section, a person who is subject to an order restricting abusive litigation is prohibited from filing, initiating, advancing, or continuing the lit…