Understand Your Relief From Abuse Hearing (Plaintiff Version)
Summary
TLDRThis video script introduces a Family Court program aimed at preparing plaintiffs for their hearing in cases of relief from abuse. Elizabeth Aiken, a Family Court case manager, outlines the process, emphasizing the separation of plaintiffs and defendants into different sessions. Judges Nancy Corsones and Harold Eaton further explain the hearing process, including how final orders can be issued either by agreement or after a contested hearing. The script also covers the importance of following court orders, the consequences of violations, and the difference between family court and criminal court orders. Additionally, law enforcement officer Robert Clark discusses the enforcement of these orders and the importance of understanding their conditions for both safety and legal compliance.
Takeaways
- 📚 Family Court offers a preparatory program for individuals ahead of their hearings, focusing on plaintiffs requesting relief from abuse.
- 🔥 Plaintiffs and defendants receive information in separate sessions to ensure privacy and reduce conflict before appearing in front of a judge.
- 👥 Court hearings are generally public, with specific rules regarding the presence of children in the courtroom.
- 🤞 If a defendant has legal representation and the plaintiff does not, the plaintiff may request a hearing reschedule to consult with a lawyer.
- 💰 Temporary orders can be extended until the next hearing date, with plaintiffs encouraged to collect their copy before leaving.
- 🛠 Two main methods for obtaining a final order are through agreement or a contested hearing, with or without testimonies about the events leading to the hearing.
- 👮 The burden of proof lies with the plaintiff, who must present credible evidence of abuse to secure a final order.
- 🔨 Testimonies focus on specific incidents of abuse, including dates, times, and circumstances, adhering to legal standards set by Vermont law.
- 📓 Final orders may include provisions on contact, property, and children, aiming primarily for safety and specifying temporary custody or visitation arrangements.
- 🚨 Violating a relief from abuse order is a criminal offense; law enforcement officers have the authority to enforce these orders for the protection of the plaintiff.
- 📝 Only a judge can modify or terminate a relief from abuse order, regardless of any agreement between the plaintiff and the defendant.
Q & A
What is the purpose of the family court hearing described in the script?
-The purpose of the family court hearing is to determine whether a final relief from abuse order should be issued to provide safety when necessary.
Who are the plaintiffs and defendants in this type of family court case?
-The plaintiffs are the ones who filed a request for an order for relief from abuse. The defendants are the ones who were served with the relief from abuse notice or order.
What must the plaintiff prove to get a final order?
-The plaintiff must present believable facts to show that abuse happened and that there is a danger of further abuse.
If there is an existing criminal court order, how does a family court order affect it?
-A family court order does not affect any existing conditions of release or probation set by the criminal court. The defendant must obey the more strict order if there is a difference.
Can the plaintiff and defendant mutually agree to ignore certain provisions of a family court order?
-No. Only a judge can officially change the terms of an order. Ignoring terms, even if both parties agree, can still be considered a violation.
What should the defendant do if there is a no contact order but accidental contact occurs?
-The defendant should immediately leave the situation and area to avoid unintentionally violating the order.
How long does a relief from abuse order remain in effect?
-A relief from abuse order remains in effect until its listed expiration date unless officially changed by the court.
Can firearms or ammunition be legally purchased or possessed while an order is active?
-No. Purchasing or possessing firearms or ammunition while an order is active may result in federal criminal charges.
How are final orders enforced if violated?
-If an order is violated, the state's attorney may charge the defendant with a crime since violation of a civil family court order is treated as a criminal offense.
What should be done if changes are needed to the terms of an order?
-To request changes to an order, a written request must be filed at the family court for a judge to review and decide upon at a hearing.
Outlines
😊 Introduction and Welcome
The first paragraph is an introduction by Elizabeth Aiken, a family court case manager, welcoming participants to a program helping them prepare for a hearing. It outlines who will provide information, logistics of the sessions, terminology used in court, and purpose of relief from abuse orders.
😮 Explaining the Hearing Process
The second paragraph has Judge Nancy Corsones explaining details of the hearing process. She covers how final orders can be issued by agreement or after a contested hearing, the requirements to prove abuse and be granted an order, the court's neutral role, and the limited purpose of the hearing.
😃 What Happens During the Hearing
The third paragraph has Judge Harold Eaton providing specifics on what happens during the hearing itself. He discusses how testimony is presented, the need to wait one's turn to speak, providing details and evidence about incidents, rules regarding hearsay, and the decision-making process.
🧑⚖️ Inside the Courtroom
The fourth paragraph covers logistics inside the courtroom, including where parties sit, who else may be present, swearing in procedures, how to address the court and present information clearly and accurately, and guidelines for appropriate conduct and participation.
📋 Details of the Order
The fifth paragraph provides specifics on relief from abuse orders, including provisions about contact, property, children, the effect and enforcement of orders, modifications, and the difference from criminal court orders. It emphasizes only a judge can change an order.
Mindmap
Keywords
💡Plaintiff
💡Defendant
💡Order
💡Abuse
💡Relief
💡Violation
💡Expiration
💡Extension
💡Proof
💡Dismissal
Highlights
The purpose of this hearing is limited, it is about whether there has been abuse and whether an order is needed for future safety.
You have the burden of proof because you asked for an order you need to present believable facts to show that abuse happened and that there is a danger of further abuse.
The court is not for or against either party because of your first written statement the court is here to provide a fair hearing for both parties.
If the judge or judges find that there was abuse by the defendant and all requirements of the law have been met a final order will be issued.
The purpose of a relief from abuse order is safety whether an order issues by agreement or after a contested hearing.
In order for the long-term needs of the children to be met you will need to file a parentage divorce separation or civil dissolution action.
If you and the defendant have minor children together the judge may decide when and how the defendant will see the children.
If the defendant violates an order the state's attorney May charge the defendant with a crime.
A defendant may not purchase or possess Firearms or ammunition while an RFA order is in effect.
If there is a difference between a district court order and an RFA order on the same subject the defendant must obey the more strict order.
Only a judge can change or end an order.
If you want to extend an order beyond the expiration date, it is your responsibility to file a request to extend the order.
All police officers and sheriffs have the authority to enforce any order that the court issues today.
It is important that you know what is in your order you should keep a copy of the order with you.
If the plaintiff's request for a final RFA order is not granted any temporary order expires.
Transcripts
[Music]
thank you
hello and welcome to Family Court my
name is Elizabeth Aiken and I'm a family
court case manager
we have a program to help you get ready
for your hearing
Court staff judges and a law enforcement
officer will give you important
information about your hearing
you are to stay in the room for the
entire class you will be given a short
break prior to your hearing
all of you in this room are plaintiffs
you are called the plaintiff because you
are the one who filed a request for an
order for relief from abuse
the person who was served with the
relief from abuse
or notice of hearing is called the
defendant
plaintiffs and defendants will all hear
the same information in separate
sessions
it is most likely that you and the
defendant will not be allowed to talk
with each other before going in front of
the judge or judges
there may be several cases scheduled at
the same time
the presiding judge will decide the
order in which the cases will be heard
Court hearings are generally open to the
public so there may be other people
present in the courtroom listening to
your hearing
children may not be allowed in the
courtroom without permission from the
judge
if the defendant has a lawyer today and
you don't you may ask the judge to
reschedule so that you can decide
whether to talk to a lawyer
if there was a temporary order the judge
will extend it to the next hearing date
be sure to get your copy of the new
temporary order prior to leaving
when this program is finished there may
be handouts and or people with
information you might find useful about
topics such as domestic violence
substance abuse and parent child contact
you are encouraged but not required to
take advantage of any community services
that can help you
for most of you the hearing today is
about whether a final relief from abuse
order will issue
some of you may be here on a request to
change in order
no matter why you are here the
information presented today should be
helpful
keep in mind that the purpose of this
type of order is to provide safety when
necessary
now two judges will explain more about
what happens when it is time for your
hearing
my name is Nancy corsones and I'm a
trial court judge in the state of
Vermont I am here today to tell you
about your hearing and what to expect
this is a family court hearing any order
granted today is a family court order
and not a criminal court order
for many of you a temporary order was
granted without a hearing just because a
temporary order was issued does not mean
that the judges will grant a final order
today
a judge decided that there was enough
information in your sworn written
statement to Grant an order for
immediate safety
for others of you the judge decided that
there was no immediate urgency
the court may still today Grant a final
order
there are two ways a final order may be
issued one is by agreement and the other
is after a contested hearing
first I will describe the agreement
method
if both people agree the court can grant
a final order without the need for
either of you to testify about the
events which have brought you here today
the terms will be decided by the court
after input from both of you these terms
do not have to be the same terms that
were in the temporary order
you should let the presiding judge know
if you are willing to consider an agreed
upon order
the second way to get a final order is
after a contested hearing if there is no
agreement a hearing is held where the
judges will listen to the evidence given
by both of you
the judges will then decide if you have
proved your case and whether to issue a
final order
if the case has not been proved a final
order will not be issued
if a hearing takes place the judge will
decide if defendants conduct meets the
legal standard of abuse
Vermont law sets out specific
requirements to prove abuse
they are attempting to cause physical
harm
causing actual physical harm
placing another in fear of eminent
serious physical harm and abuse to
children as defined in the child
protection laws in addition stalking
sexual assault and exploitation of
vulnerable adults also as described in
the law may be the basis for this kind
of order you have the burden of proof
because you asked for an order you need
to present believable facts to show that
abuse happened and that there is a
danger of further abuse the judge or
judges will listen carefully to you and
the defendant and any other Witnesses
before deciding the case
the court is not for or against either
party because of your first written
statement the court is here to provide a
fair hearing for both parties
I'm Harold Eaton a Vermont trial court
judge
now we will take a close look at what
happens during the hearing itself
the presiding judge will control how
people give testimony
don't speak while another person is
talking unless you have a legal
objection
when listening to others you may feel
that the person is not telling the truth
you may think you need to interrupt so
the presiding judge knows that you do
not agree
however you must wait your turn
the judge or judges will not make a
decision until both parties have been
heard
each of you must be ready to talk about
what happened
this includes the date and time of any
incident and who was present
whether anyone had been drinking or
using drugs whether there were any
weapons and exactly what happened
this includes what each of you said or
did
and what the effects were including any
injuries or medical treatment
the judge may ask about past incidents
as well
please remember that the purpose of this
hearing is limited
it is about whether there has been abuse
and whether an order is needed for
future safety
you may usually testify only about
things that you personally saw felt or
heard
you can testify about what the defendant
said but not what other people said
this is the concept of hearsay
there are some exceptions and the
presiding judge will decide whether they
apply in your case
the presiding judge will decide whether
Witnesses other than the parties will be
allowed to testify
witnesses will generally be asked to
wait outside the courtroom until they
are called
you should be aware that anything you
say during this hearing can be used
against you in any criminal case
the judge or judges will make a decision
after listening to the testimony
if the judge or judges find that there
was abuse by the defendant and all
requirements of the law have been met a
final order will be issued
if you do not prove abuse and danger of
further abuse your request for an order
will not be granted and the case will be
dismissed
if the case is dismissed and an incident
of abuse occurs afterward you may file a
new request for an order
if the case is dismissed you may still
file another type of case to seek orders
for custody visitation support and
property matters the court staff can
help you with forms
now I will talk about what is in an
order the purpose of a relief from abuse
order is safety whether an order issues
by agreement or after a contested
hearing it will state that the defendant
shall not abuse you
orders may also contain terms about
contact between the parties
property matters and children
first we will talk about contact between
the parties the judge May order the
defendant to have no contact with you
and may prevent the defendant from
entering or living in your home or
coming within a certain distance of you
in some cases the judge will allow
contact or permit it under certain
circumstances
to get final orders about property you
will need to file a separate case this
type of case will not result in a final
order on property rights although the
judge may decide how a person can get
his or her belongings or other temporary
matters
the court staff can direct you to the
forms for filing a case about property
matters depending on your situation it
may need to be filed either in family
court or Superior Court You may wish to
get legal help
now let's talk about children
if you and the defendant have minor
children together the judge may decide
when and how the defendant will see the
children
this may range from an agreed upon
schedule
to pickups and drop-offs only in public
places
to supervise to pick up and drop-offs to
supervised visits only
and in extreme cases no contact at all
if the judge decides that the defendant
will see the children the judge will
generally set a schedule
each of you should be ready to suggest a
schedule that takes into consideration
your work schedules the children's
school schedules the children's comfort
and safety and transportation
in some courts the judge may have you
meet with the visitation master who is
trained to help you prepare a schedule
any decision made today about custody
and visitation is temporary only and is
based on limited information
in order for the long-term needs of the
children to be met you will need to file
a parentage divorce separation or civil
dissolution action you are encouraged to
do so again you should ask Court staff
for the forms
now we will talk about the effect of a
final order
the RFA order is only against the
defendant
only the defendant can violate the order
if the defendant violates an order the
state's attorney May charge the
defendant with a crime
in other words even though an RFA order
is a civil order a violation of it is a
crime
a defendant may not purchase or possess
Firearms or ammunition while an RFA
order is in effect
a violation may result in criminal
charges in federal court if the
defendant is not a United States citizen
an order may affect the defendant's
legal status to remain in this country
this is true whether the order is issued
by agreement or after a decision by the
judge if you have any questions
concerning Firearms or immigration you
should get legal help
let's talk about the difference between
family court orders and criminal court
orders
if either you or the defendant have been
charged with or convicted of a crime
such as domestic assault
there may be conditions of release or
probation conditions from the criminal
court which is called the District Court
if you or the defendant have any
District Court conditions of release or
probation those conditions will not be
affected whether or not an RFA order is
issued today
similarly any change or dismissal to an
RFA order will not change any conditions
of release or probation conditions
if there is a difference between a
district court order and an RFA order on
the same subject the defendant must obey
the more strict order
for example if one order says no contact
and the other order is silent concerning
contact the defendant must obey the no
contact order
changes to district court orders must
happen in District Court and changes to
family court orders must happen in
Family Court
the same judge may or may not sit in
both courts and hear both cases
there are some important things you must
know about changes to RFA orders you and
the defendant cannot agree to ignore the
court order on your own
for example if the order forbids the
defendant from entering your home and
you agree to let the defendant into your
home it is still a violation if the
defendant enters your home
no one and no agreement can change the
order
only a judge can change the order
defendant may be arrested for violating
an order that has not been changed by
the court
only a judge can change or end an order
if you want an order changed or stopped
you must file a written request at the
family court
the court clerk and Judiciary website
have forms you can use
even if both of you agree to change
parts of the order that does not mean
the judge will change the order
a hearing may be scheduled on any
request
next a court staff person will tell you
about what happens in the courtroom
in the courtroom there are two tables
that face the judge or judges the court
officer will tell you where to sit
if you have a lawyer he or she will sit
with you
the presiding judge may allow an
advocate or support person to sit with
you but that person is not usually
allowed to speak with the judge
at the front of the courtroom in
addition to the presiding judge there
may also be one or two assistant judges
they help their presiding judge decide
what happened and whether an order is
needed
each person will be sworn by the court
officer
this means that both of you are under
oath and must tell the truth
only one person can talk at a time so
that the judge can hear what you have to
say
you will both have a chance to tell what
happened everything that is set in court
is recorded
the presiding judge may ask you to stand
or allow you to sit
speak clearly
when you talk to the judge or judges say
your honor or judge
always answer out loud so your answer
can be heard
don't just nod or shake your head
take your time when answering
if you don't understand a question say
so
if you don't know an answer say so
if you are giving dates times and places
be as specific as possible
the presiding judge controls the order
in which people speak please wait until
it is your turn before speaking
both sides will be given an opportunity
to be heard
always speak directly to the judge or
judges
stop talking if the presiding judge
tells you to do so
do not interrupt or argue with the
judges or other people
if you disagree with another person's
testimony wait until it is your turn to
give information
if you have brought something with you
that you want the judges to see tell the
presiding judge who will explain what to
do
the defendant is given a chance to look
at it before the judges see it
the presiding judge will decide if it
will be used
if you have minor children with the
defendant please be thinking about
visitation
what you might want or how it may work
you may want to ask that drop-offs and
Pickups or visits take place with help
from another person such as a relative
or a friend that you both trust or a
visitation center
a parent-child contact worksheet may be
available to help you prepare
if you have questions during your
hearing about what the judge is saying
try to ask at that time
once an order has been signed by the
judge or judges Court staff cannot
change it
do not leave the courthouse without
getting your copy of any order issued
today
ask any Court staff if you have any
questions
a final order is issued for a specific
period of time check your order for the
expiration date
if you want to change the order a form
is available at the family court clerk's
office or at the Judiciary website
filing request does not change the order
the order remains unchanged until a
judge rules on the request
if you want to extend an order beyond
the expiration date
it is your responsibility to file a
request to extend the order and you
should do so prior to the expiration
date
if you have questions about what
happened in court today you should get
legal help
you will now hear from a law enforcement
officer about what you should know if an
order is issued
an order may or may not be issued today
but if it is this is important
information
my name is Robert Clark and I'm a law
enforcement officer in the state of
Vermont
I will be talking to you about what
you'd expect if a judge signs a relief
from abuse order it is not automatic
that the order will be issued that is
something that will be decided by the
judge all the judges
all police officers and sheriffs have
the authority to enforce any order that
the court issues today
the requirements of the order must be
followed violations of the order is a
crime it may result in the defendant's
arrest
all RFA orders require the defendant not
to abuse you
the defendant may also be ordered not to
contact you in specific ways the
defendant may be ordered to stay a
certain distance from you from your home
work school or vehicle
the defendant may be ordered not to
follow you or to enter your home
it is important that you know what is in
your order you should keep a copy of the
order with you
if an order is granted today it must be
served on the defendant to be
enforceable this means that a copy of
the order must be given to the defendant
in hand it is our job to enforce the
order for your protection
if defendant violates the order please
call us we are here to protect you and
see that the order is followed
if the order prohibits all contact and
you need to contact the defendant you
must file a written request with a court
to change that order
even if there's an important issue you
want to talk to the defendant about you
must ask the court to change the order
to allow the contact for example if your
child is hurt in an accident and you
want the defender to come to the
hospital you must file a written request
to change the order to allow that
contact
otherwise the defendant will be in
violation of the order and may be
arrested whether you want that or not
if the order does not work for you or
for your children you may file a request
to change the order if there is no order
after today's hearing but you still feel
unsafe
please contact us our job is to protect
you with or without an order
now it will tell you what specific
information the defendants are hearing
in their presentation
if a final order is granted today it
must be served on the defendant to be
enforceable it is important that the
defendant understand that if a final
order is granted today it is only
against the defendant and only the
defendant can violate it
if the defendant is all to stay a
specific distance away from the
plaintiff and the defendant meets the
Plymouth accidentally defendant must
cross the street leave the store or just
get away from the situation immediately
if the order does not allow telephone
contact and the plaintiff causal
defendant the defendant should hang up
the telephone
same goes for email and text messages
if the defendant has a case in Criminal
Court any order issued today will not
change any conditions or release or
probation
if a relief from abuse order is granted
today
possession or purchase of firearms are
ammunitioned by the defendant may be a
federal crime
if defendant wants to change an order
defendant must file a written request
with a court
if the plaintiff's request for a final
RFA order is not granted any temporary
order expires
people often ask what to do when
unexpected contact occurs
if there is a no contact order is a
defendant's responsibility to leave if
there's unexpected contact
for example if you are sitting in a
restaurant and the defendant comes in
the defendant must leave
if the defendant does not leave you
should call the police
if the order requires a defendants will
stay 100 feet away
and both of you show up at a school
event
then the defender must either stay 100
feet away I'll leave entirely
however defendant should not be put in a
position of unintentionally violating
the order
if you walk into a mini mart and the
defendant is paying at the counter you
could leave until the defendant is done
and left the area
if the defendant deliberately makes you
feel unsafe you should call the police
if an order says that you or the
defendant must have a law enforcement
officer with you to get your things at a
former house make those uraniums
directly with your local police or
Sheriff you may have to pay for that
service
orders are put on a nationwide list this
means that any officer can look at the
list to see if there's an order any
order issued in Vermont is enforceable
in every state
any order will remain in effect until
the expiration of that order
remember only the court can change the
order the order cannot be changed by you
or by the defendant even if you both
agree
it can only be changed after a request
is filed with a court and decided by a
judge our goal is to ensure everybody's
safety and protection
it's programmed to help you get ready
for your hearing someone from your local
Court will show you the next step
[Music]
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