Understand Your Relief From Abuse Hearing (Defendant Version)

Summary

The 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

00:00

🏛️ 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.

05:02

🔍 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.

10:04

👨‍👩‍👧‍👦 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.

15:07

📜 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.

20:07

🚓 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.

Keywords

💡plaintiff

The plaintiff is the person who files a request for a relief from abuse order against the defendant. It refers to the victim seeking protection from abuse through the courts. Examples from the script include: 'The person who files a request for relief from abuse is called the plaintiff', 'plaintiff has to present believable facts to show that abuse has occurred'.

💡defendant

The defendant is the person who the relief from abuse order is filed against. They are the alleged perpetrator of abuse the plaintiff is seeking protection from. For example: 'All of you in this room are defendants. You are called a defendant because a plaintiff is asking for an order against you'.

💡relief from abuse order

A civil court order designed to protect victims of domestic abuse by restricting contact, setting rules of conduct or accessing shared property. For example: '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'.

💡temporary order

A short-term relief from abuse order issued by a judge based on initial evidence, intended to provide immediate protection while the case proceeds. For example: 'Just because there was a temporary order does not mean that the judges will grant a final order today'.

💡final order

A long-term relief from abuse order issued after both parties present evidence at a court hearing. It provides extended protection to the plaintiff. For example: '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'.

💡burden of proof

The responsibility to provide sufficient evidence to prove the claims being made. In this case, the burden of proof is on the plaintiff to demonstrate abuse occurred. For example: 'The plaintiff has the burden of proof because the plaintiff has asked for an order'.

💡agreement

An agreed-upon relief from abuse order issued without a contested court hearing if both parties consent to the terms. For example: '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'.

💡hearing

A court proceeding where parties present testimony and evidence on issues in dispute, which the judge uses to make a ruling. For example: 'The second way a final order may issue is after a hearing in which the judges will listen to the evidence given by both of you'.

💡violation

Breaking the rules or restrictions set by a relief from abuse order. This can result in criminal charges. For example: 'If you violate an order, the state's attorney may charge you with a crime'.

💡expiration date

The date when a relief from abuse order ends and is no longer in effect. It can be extended with another court order. For example: 'A final order is issued for a specific period of time check your order for the 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]