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.

Outlines

00:00

😊 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.

05:01

😮 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.

10:02

😃 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.

15:06

🧑‍⚖️ 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.

20:08

📋 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.

Keywords

💡Plaintiff

A plaintiff is the person who files a legal case requesting an order for relief, protection, or resolution of a dispute. In this context, plaintiffs are people seeking relief from abuse orders from the court against the defendants. The video explains that attendees are all plaintiffs who have filed for orders against the defendants who abused them.

💡Defendant

The defendant is the person who is accused of abuse in the legal case filed by the plaintiff. The video refers to defendants as the ones served with notices to appear in court because the plaintiffs claim they committed abuse.

💡Order

A court order is an official proclamation by a judge requiring certain actions or prohibiting certain behaviors. The plaintiffs in the video are requesting orders to prevent further abuse by the defendants.

💡Abuse

Abuse refers to physical harm, fear of harm, or other offenses suffered by the plaintiff at the hands of the defendant. The video details different types of abuse the court recognizes as grounds for relief orders.

💡Relief

Relief refers to the assistance, protection or resolution provided by the court through orders restraining the defendants from further abusing the plaintiffs. The plaintiffs are seeking relief orders from abuse.

💡Violation

A violation occurs when someone disobeys a court order. The video explains that violations of relief orders are criminal offenses that may result in arrest and charges for the defendant.

💡Expiration

Expiration refers to when a court order ends on a specified date. The plaintiffs are informed they must file for extensions before expiration if they want the protection order to continue.

💡Extension

An extension is a continuation of a court order beyond its original expiration date. Plaintiffs must file requests for extensions if they want their protection orders extended beyond the initial period.

💡Proof

Proof refers to the evidence and testimony the plaintiff must provide to prove abuse occurred and protection is still needed. The video explains plaintiffs have the burden of proof in these cases.

💡Dismissal

Dismissal refers to when a judge decides to terminate a court case due to lack of proof or merit. The video warns that cases will be dismissed if the abuse claims are not adequately proved in court.

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]