Understand Your Relief From Abuse Hearing (Defendant Version)
Summary
TLDRThe script provides information for defendants attending a hearing regarding a relief from abuse order filed against them. Judges and law enforcement explain the hearing process and possible outcomes, including agreed orders or contested hearings. They outline what constitutes abuse under the law, the plaintiff's burden of proof, what no contact and stay away orders entail, differences between family court and criminal court orders, the consequences of violating orders, and the process for requesting changes to orders.
Takeaways
- 😀 The purpose of the program is to provide information and preparation for a family court hearing regarding a request for relief from abuse.
- 😮💨 Both plaintiffs (those requesting relief) and defendants (those requests are against) attend, in separate sessions.
- 🧐 Judges explain what to expect in the hearing - it may result in an agreed order or contested hearing with testimony.
- 😥 The plaintiff must prove abuse occurred meeting legal standards; defendant can dispute.
- 😠 An order may dictate no contact, distance requirements, child custody and more.
- 🚓 Police enforce orders; violations are crimes resulting in arrest.
- ⚖️ Changes to an order must go through court; parties cannot independently alter it.
- 🤝 An agreement between parties to violate an order is still a crime if violated.
- 🤔 Questions remain, get legal help regarding proceedings and any resulting orders.
- 😊 The program aims to provide information for safety and protection.
Q & A
What is the purpose of the family court program described in the transcript?
-The purpose of the family court program is to provide information to both plaintiffs and defendants about the relief from abuse court process, what to expect at the hearing, and the possible outcomes.
What are the two ways a final relief from abuse order can be issued?
-The two ways are: 1) By agreement between the plaintiff and defendant, where the court decides the terms after input from both parties. 2) After a hearing where the judges listen to testimony from both parties and then decide whether to issue an order.
What legal standard must be met for a judge to grant a final relief from abuse order?
-The plaintiff must prove that abuse has occurred and that there is danger of further abuse. The judge will listen to testimony from both parties before deciding.
What should both the plaintiff and defendant be prepared to testify about at the hearing?
-Both parties should be ready to provide details about any incidents, including the date, time, location, who was present, if drugs/alcohol were involved, if any weapons were present, exactly what happened, what was said, the effects of the incident such as injuries, and any medical treatment.
If a relief from abuse order is granted, how long does it remain in effect?
-A relief from abuse order remains in effect until the expiration date stated in the order. Only a judge can change or end an order early.
What should you do if the relief from abuse order states no contact, but the plaintiff contacts you?
-If the order states no contact, you must not respond or reply, even if the plaintiff initiates contact. To change the no contact provision, you must file a written request with the court.
What happens if you violate a relief from abuse order?
-Violating a relief from abuse order is a crime. You may be arrested and charged by the state's attorney for violating the order.
How can a relief from abuse order be changed?
-To change a relief from abuse order, you must file a written request with the family court. Both parties agreeing to change the order does not mean the judge will approve the change. A hearing may be scheduled to decide on any request to modify an order.
If a temporary relief from abuse order expires, does that affect other court orders?
-No, the expiration of a temporary relief from abuse order does not impact other court orders like conditions of release or probation.
If the plaintiff's request for a final order is denied, can the plaintiff file again in the future?
-Yes, if the plaintiff's request for a final relief from abuse order is denied, the plaintiff can file a new request in the future if another incident occurs.
Outlines
🏛️ Introduction to Family Court Program
The video starts with Elizabeth Akin, a family court case manager, introducing a program designed to prepare individuals for their hearing in family court. It's explained that the session is mandatory and aimed at defendants, who are facing requests for relief from abuse by plaintiffs. The program ensures both plaintiffs and defendants receive the same preparatory information but in separate sessions to avoid contact. It highlights the process of the court, including the presentation by judges, the open nature of hearings, and the possibility of rescheduling for legal representation. It also touches on the interim extension of temporary orders and the availability of resources on domestic violence, substance abuse, and parent-child contact.
🔍 Understanding the Court Process and Final Orders
This section delves into the specifics of how a final relief from abuse order can be issued, either through agreement or after a hearing. It explains the plaintiff's burden of proof to show abuse and the potential for the court to issue a final order regardless of a temporary order's presence. The segment also outlines the steps of the hearing, emphasizing the importance of presenting factual, firsthand testimony, and the judges' role in determining the issuance of a final order based on the evidence and legal standards of abuse, including physical harm, fear of imminent harm, and other abuses as defined by law.
👨👩👧👦 Focus on Children and Orders' Impact
This paragraph emphasizes the considerations and temporary arrangements regarding minor children when defendants and plaintiffs share parenthood. It discusses how the court may decide on visitation schedules and the necessity of filing separate legal actions for long-term custody and visitation decisions. Additionally, it covers the implications of a final order, including restrictions on firearms, potential impacts on immigration status, and distinctions between family and criminal court orders. The importance of adhering to the strictest order in case of conflicting conditions between different court orders is highlighted.
📜 Courtroom Etiquette and Procedure
The fourth segment educates viewers on courtroom conduct and procedures, including the layout, the role of the presiding judge, and the importance of proper decorum when addressing the court or presenting evidence. It underscores the significance of sworn testimony, the orderly presentation of evidence, and the judges' discretion in allowing witness testimonies. The paragraph also advises on preparing for discussions about visitation for minor children and emphasizes the importance of following the presiding judge's instructions for presenting any evidence or documents.
🚓 Law Enforcement Perspective on Orders and Compliance
The final segment, presented by a law enforcement officer, outlines the enforcement aspects of relief from abuse orders, detailing the consequences of non-compliance, including potential criminal charges. It clarifies that only the defendant can violate the order and stresses the importance of understanding and adhering to the order's conditions. The officer also addresses the nationwide enforceability of such orders and the procedure for requesting changes to an order, reinforcing the message that only a court can legally alter an order. Lastly, the segment prepares the audience for the next steps in the court process and emphasizes the goal of ensuring safety and protection for all involved.
Mindmap
Keywords
💡plaintiff
💡defendant
💡relief from abuse order
💡temporary order
💡final order
💡burden of proof
💡agreement
💡hearing
💡violation
💡expiration date
Highlights
Introduction to Family Court preparation program by Elizabeth akin, a family court case manager.
Explanation of roles: plaintiffs file requests for relief from abuse, defendants are those the requests are filed against.
Information on court hearing process, including the likely separation of plaintiffs and defendants before the judge.
Details on how hearings are public, and the order of cases is determined by the presiding judge.
Guidance on legal representation and the extension of temporary orders.
Introduction to the judicial perspective by Nancy Corson, a trial court judge, explaining family court orders.
Clarification that temporary orders do not guarantee a final order, and the criteria for granting a final order.
Explanation of two methods for issuing a final order: by agreement or after a hearing.
Details on legal standards for abuse in Vermont law by Harold Eaton Jr., another Vermont trial court judge.
Outline of hearing procedures and the importance of being prepared to testify.
Emphasis on the court's neutrality and the focus on providing a fair hearing.
Instructions on courtroom etiquette and the process of giving testimony.
Information on the potential content of relief from abuse orders, including no-contact directives and temporary property and child custody arrangements.
Explanation of the legal implications of violating a relief from abuse order, including criminal charges.
Advice on the enforceability of orders, changes to orders, and the importance of legal representation.
Guidance from a law enforcement officer on the enforcement of relief from abuse orders and the consequences of violation.
Transcripts
[Music]
[Music]
hello and welcome to Family Court my
name is Elizabeth akin 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 today you
are to stay in the room for the entire
class you will be given a short break
prior to your hearing the person who
files a request for relief from abuse is
called the plaintiff all of you in this
room are defendants you are called a
defendant because a plaintiff is asking
for an order against you you probably
have either been served with a temporary
order for relief from abuse and notice
of hearing or a notice of hearing on the
plaintiffs request for a final relief
from abuse order in this program
plaintiffs and defendants will all hear
the same information in separate
sessions it is most likely that you and
the plaintiff will not be allowed to
talk with one another before going in
front of the judge or judges there may
be several cases scheduled for 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 the hearings
children may not be allowed in the
courtroom without permission from the
judge if the plaintiff 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 service 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 an
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 where needed now two
judges will explain more about what
happens when it's time for your hearing
my name is Nancy Corson's and I am 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 and any
order issued today will be a family
court order and not a criminal court
order for many of you a temporary order
was granted without a hearing just
because there was a temporary order does
not mean that the judges will grant a
final order today a judge decided that
there was enough information in the
plaintiffs sworn statement to grant an
immediate order for safety for some of
you the judge decided that there was no
immediate urgency the court today may
still grant a final order there are two
ways that a final order may be issued
one is by agreement and the other is
after hearing in which the judge or
judges will hear testimony first I will
describe the agreement method if both
people agree the court can issue 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 a
temporary order you should let the
presiding judge know if you are willing
to consider and agreed upon order the
second way a final order may issue is
after a 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 the
plaintiffs case has been proved 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 your
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 imminent serious
physical harm and abuse to children as
stated in 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 type of order the plaintiff has
the burden of proof because the
plaintiff has asked for an order
plaintiff has to present believable
facts to show that abuse has occurred
and that there's a danger of further
abuse the judge or judges will listen
carefully to both the plaintiff and you
and any other witnesses before deciding
the case the court is not for or against
either party because of the first
written statement the court is here to
provide a fair hearing for both parties
I'm Harold Eaton jr. of 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 the
person is not telling the truth you may
think you need to interrupt so the judge
or judges know that you don't agree
however you must wait for 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
describe whether anyone was 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 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 plaintiff
said but not about 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 any 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
testimony if the judge or judges find
that you abuse the plaintiff and all
requirements of the law have been met a
final order will be granted if the
plaintiff has not proved abuse and
danger of further abuse no order will be
granted and the case will be dismissed
if the case is dismissed and an incident
of abuse occurs afterward the plaintiff
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 you shall not
abuse the plaintiff orders may also
contain terms about contact property
matters and children first I will talk
about contact the judge may order you to
have no contact with the plaintiff and
may prevent you from entering or living
in the plaintiffs home and may prevent
you from coming within a certain
distance of the plaintiff in some cases
the judge will allow contact or
permitted under certain circumstances to
get final orders about property
ownership 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 in either family court or
Superior Court you may wish to get legal
help now let's talk about children if
you and the plaintiff have minor
children together the judge may decide
when and how you will see the children
this may range from and agreed-upon
schedule to public pick up and drop offs
to supervise to pick up and drop offs to
supervised visitation and in certain
extreme cases no contact at all if the
judge decides that you will get to 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 comfort and safety
of the children and transportation in
some courts the judge may have you meet
with a 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 upon 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 the court staff for the forms
now we will talk about the effect of a
final order the RFA order is only
against you the defendant only you can
violate the order if you violate an
order
the state's attorney may charge you with
a crime in other words even though an
RFA order is a civil order a violation
of it is a crime you 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 you are not a United States citizen
an order may affect your legal status to
remain in this country this is true
whether the order is issued by agreement
or after decision by the judge if you
have any questions about 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 plaintiff
have been charged with or convicted of a
crime such as domestic assault there may
be conditions of release or probation
conditions from criminal court which is
called the district court if you or the
plaintiff 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 you must obey the more strict
order for example if one order says no
contact and the other does not say
anything about contact you 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 important
things you must know about changes to
RFA orders you and the plaintiff cannot
agree to ignore the order on your own
for example if the order forbids you
from entering the plaintiffs house and
plaintiff agrees to let you enter the
house it is still a violation for you to
go into the house no one and no
agreement can change the order only a
judge can change the order you 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 you must file a
written request at the family court the
court clerk and judiciary website have
forms that 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 now 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 a 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 not or shake your head
take your time when answering if you
don't understand two questions say so if
you don't know an answer say so if you
are giving dates times in 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 plaintiff has given a chance to
look at it before the judges see it the
presiding judge will then decide if it
will be used if you have minor children
with the plaintiff please be thinking
about visitation what you want and how
it might 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 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 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
plaintiff wants to extend the order
beyond the expiration date plaintiff may
file a request to extend the order 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 am a law
enforcement officer in the state of
Vermont I will be talking to you about
what you could expect if a judge signs
orally from abuse order it is not
automatic that an order will be issued
that is something that will be decided
by the judge are the judges all police
officers and sheriff's have authority to
enforce any order that the court issues
today the requirements of the order must
be followed violation of the order is a
crime in may result in your arrest
all our fa orders require you not to
abuse the plaintiff you may also be
ordered not to contact the plaintiff in
specific ways you may be ordered to stay
a certain distance away from the
plaintiff and from the plaintiffs work
home school or vehicle you may be
ordered not to follow the plaintiff or
enter the plaintiffs home it is your
responsibility to know what is in the
order you should keep a copy with you if
a final order is granted today it must
be served on you to be enforceable a
court office will give you a copy in
hand it is our job to enforce the order
and to ensure the safety of the
plaintiff it is your responsibility to
know what's in the order so that you do
not violate it it is important that you
understand that if a final order is
granted today it is only against you and
only you can violate that order the
plaintiff cannot violate orally from
abuse order if you do not follow the
order you can be charged with a crime of
violating an RFA order if you are
ordered to stay specific distance away
from the plaintiff and you meet the
plaintiff accidentally you must cross
the street leave the store I just get
away from the situation entirely if the
order does not allow telephone contact
and the plaintiff calls you hang up the
telephone same goes for email and text
messages if you have a criminal case in
court any order issued today will not
change any condition of release or
probation if you are on probation and
then violate any order issued today you
may be charged with a violation of
probation in Criminal Court if a relief
from abuse order is granted today
possession or purchase of firearms or
ammunition by you while the order is in
effect may be a federal crime if there
are questions about this please get
you'll advise if you want to change in
order you must file a written request
with a Koi until the court order changes
the police will enforce the order as
written for example if the order says no
contact and the plaintiff wants to talk
to you or see you that will not be a
defense only the judge can change that
order if the plaintiffs request for a
final RFA order is not granted any
temporary order expires the fact that
the temporary order expires does not
have any effect on any other orders such
as conditions release or probation
Family Court orders also stay in effect
now we will tell you what specific
information the plaintiffs are hearing
in their presentation if a final order
was granted today it must be served on
the defendant to be enforceable if the
order prohibits all contact in the
plaintiff needs to talk to the defendant
plaintiff must file a written request
with the court to change the order a
written request must be filed with the
court to change that order for the
contact otherwise the defender will be
in violation of the order and may be
arrested whether the plaintiff wants
that or not if there was no order after
today's hearing but the plaintiff still
feels unsafe the plaintiff may Carla
please our job is to protect the persons
from abuse with or without an order
people often ask what to do when
unexpected contact occurs if there is no
contact order it is the defendants
responsibility to leave if there is
unexpected contact for example if a
plaintiff is sitting in a restaurant and
you come in you must leave if you do not
leave the plaintiff should call the
police if the order requires you to stay
100 feet away from the plaintiff and
both of you show up at a school event
then you must either stay 100 feet away
or leave entirely however you should not
be put in a position of unintentionally
violating the order if the plaintiff
walks into a mini-mart and you were
paying at the kannada the plaintiff
could leave until the defendant is done
and left the area if you deliberately
make the plaintiff feel unsafe the
plaintiff should call the police
if an order says that you are the
plaintiff must have a law enforcement
officer with you to get your things from
a former house make those arrangements
directly with
police are Sheriff you may have to pay
for that service orders a put on a
nationwide list this means that any
officer can look and see if there is 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
may not be changed by you or the
plaintiff even if you both agree it can
only be changed after a request is filed
with the court and decided by a judge
our goal is to ensure everyone's safety
and protection this ends the courts
program to help you get ready for your
hearing someone from your local court
will show you the next step
you
[Music]
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