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Searching 2017-2018 Session

The Vermont Statutes Online

Title 33 : Human Services

Chapter 069 : REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS

Subchapter 002 : ABUSE PREVENTION FOR VULNERABLE ADULTS

(Cite as: 33 V.S.A. § 6935)
  • § 6935. Findings and order

    (a) If the Court finds that the defendant has abused, neglected, or exploited the vulnerable adult, the Court shall make such order as it deems necessary to protect the vulnerable adult. The plaintiff shall have the burden of proving abuse, neglect, or exploitation by a preponderance of the evidence. Relief shall be granted for a fixed period of time, at the expiration of which the Court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the vulnerable adult from abuse, neglect, or exploitation. The Court may modify its order at any subsequent time upon motion by either party and a showing of a substantial change in circumstances. If the motion for extension or modification of the order is made by an interested person, notice shall be provided to the vulnerable adult, and the Court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the motion and, if so, whether the vulnerable adult wishes to request an extension or modification. If the Court determines the vulnerable adult is capable of expressing his or her wishes and does not wish to pursue the motion, the Court shall dismiss the motion.

    (b) Every order under this subchapter shall contain the name of the Court, the names of the parties, the date of the petition, the date and time of the order, and shall be signed by the judge.

    (c) Form complaints and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the Courts.

    (d) Every order issued under this subchapter shall bear the following language: "VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH."  (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 12, eff. June 13, 2002.)