§ 1104. Emergency relief
(a) In accordance with the Vermont Rules of Civil Procedure, temporary orders under this
chapter may be issued ex parte, without notice to the defendant, upon motion and findings
by the court that the defendant has abused the plaintiff or the plaintiff’s children,
or both. The plaintiff shall submit an affidavit in support of the order, which may
be sworn to or affirmed by administration of the oath over the telephone to the applicant
by an employee of the Judiciary authorized to administer oaths and shall conclude
with the following statement: “I declare under the penalty of perjury pursuant to
the laws of the State of Vermont that the foregoing is true and accurate. I understand
that making false statements is a crime subject to a term of imprisonment or a fine,
or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath
was administered. A minor 16 years of age or older, or a minor of any age who is in
a dating relationship as defined in subdivision 1101(3) of this chapter, may seek
relief on the minor’s own behalf. Relief under this section shall be limited as follows:
(1) Upon a finding that there is an immediate danger of further abuse, an order may be
granted requiring the defendant:
(A) to refrain from abusing the plaintiff or the plaintiff’s children, or both, or from
cruelly treating as defined in 13 V.S.A. § 352 or 352a or killing any animal owned, possessed, leased, kept, or held as a pet by either
party or by a minor child residing in the household;
(B) to refrain from interfering with the plaintiff’s personal liberty or the personal
liberty of the plaintiff’s children, or both;
(C) to refrain from coming within a fixed distance of the plaintiff, the plaintiff’s children,
the plaintiff’s residence, or the plaintiff’s place of employment;
(D) to refrain from contacting the plaintiff or the plaintiff’s children, or both, in
any way, whether directly, indirectly, or through a third party, with the purpose
of making contact with the plaintiff, including in writing or by telephone, email,
or other electronic communication; or
(E) to immediately relinquish, until the expiration of the order, all firearms that are
in the defendant’s possession, ownership, or control and to refrain from acquiring
or possessing any firearms while the order is in effect.
(2) Upon a finding that the plaintiff or the plaintiff’s children, or both, have been
forced from the household and will be without shelter unless the defendant is ordered
to vacate the premises, the court may order the defendant to vacate immediately the
household and may order sole possession of the premises to the plaintiff.
(3) Upon a finding that there is immediate danger of physical or emotional harm to minor
children, the court may award temporary custody of these minor children to the plaintiff
or to other persons.
(4) Upon a finding that the plaintiff’s possession of a vehicle is necessary to escape
abuse or prevent further abuse, the court may award the possession of a vehicle to
the plaintiff for a set period of time, provided that the plaintiff:
(A) is the owner or joint owner of the vehicle;
(B) is the primary payor on the vehicle loan;
(C) has primary possession or control of the vehicle; or
(D) has been restricted from using the vehicle by the defendant.
(b) Every order issued under this section shall contain the name of the court, the names
of the parties, the date of the petition, and the date and time of the order and shall
be signed by the judge. Every order issued under this section shall inform the defendant
that if the defendant fails to appear at the final hearing, the temporary order will
remain in effect until the final order is served on the defendant unless the temporary
order is dismissed by the court. Every order issued under this section shall state
upon its face a date, time, and place when the defendant may appear to petition the
court for modification or discharge of the order. This opportunity to contest shall
be scheduled as soon as reasonably possible, which in no event shall be more than
14 days from the date of issuance of the order. At such hearings, the plaintiff shall
have the burden of proving abuse by a preponderance of the evidence. If the court
finds that the plaintiff has met the burden, it shall continue the order in effect
and make such other order as it deems necessary to protect the plaintiff.
(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 chapter 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.”
(e) Affidavit forms required pursuant to this section shall bear the following language:
“MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT
OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1985, No. 79, § 4; 1989, No. 294 (Adj. Sess.), § 2; 2005, No. 193 (Adj. Sess.), § 5, eff. Oct. 1, 2006; 2013, No. 17, § 9; 2015, No. 153 (Adj. Sess.), § 32; 2017, No. 11, § 48; 2017, No. 44, § 9, eff. May 23, 2017; 2019, No. 176 (Adj. Sess.), § 1, eff. October 8, 2020; 2021, No. 87 (Adj. Sess.), § 6, eff. July 1, 2022; 2021, No. 147 (Adj. Sess.), § 3, eff. May 31, 2022; 2025, No. 46, § 3, eff. July 1, 2025.)