The Vermont Statutes Online

Title 15 : Domestic Relations

Chapter 021 : Abuse Prevention

Subchapter 001 : GENERAL PROVISIONS

• § 1105. Service

  (a) A complaint or ex parte temporary order or final order issued under this chapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service.

  (b)(1) A defendant who attends a hearing held under section 1103 or 1104 of this title at which a temporary or final order under this chapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A defendant notified by the court on the record shall be required to adhere immediately to the provisions of the order. The clerk shall mail a copy of the order to the defendant at the defendant’s last known address.

  (2) An ex parte temporary order issued under this chapter shall remain in effect until either it is dismissed by the court or the petition is denied at the final hearing. If the plaintiff fails to appear at the final hearing, the petition shall be dismissed, provided that the court may continue the temporary order until the final hearing if it makes findings on the record stating why there is good cause not to dismiss the petition. If a final order is issued, the temporary order shall remain in effect until personal service of the final order.

  (c) Abuse orders shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders. Orders shall be served in a manner calculated to ensure the safety of the plaintiff. Methods of service that include advance notification to the defendant shall not be used. The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the defendant.

  (d) If service of a notice of hearing issued under section 1103 or 1104 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 218 (Adj. Sess.), § 2; 1993, No. 228 (Adj. Sess.), § 3; 2005, No. 193 (Adj. Sess.), § 6, eff. Oct. 1, 2006; 2007, No. 174 (Adj. Sess.), § 12; 2013, No. 17, § 1; 2013, No. 17, § 2, eff. Nov. 1, 2013; 2019, No. 176 (Adj. Sess.), § 2, eff. Oct. 8, 2020; 2023, No. 46, § 31, eff. June 5, 2023.)