Understand Your Relief From Abuse Hearing (Plaintiff Version)

Summary

This 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.