H 222 — An act relating to civil orders of protection

BILL AS PASSED BY THE HOUSE H.222 Page 1 of 1016 H.222 AnIntroduced actby relatingRepresentatives toArsenault civilof ordersWilliston, Christie of protectionHartford, ItGoslant isof herebyNorthfield, enactedLaLonde byof theSouth GeneralBurlington, Assemblyand Rachelson of theBurlington StateReferred ofto Vermont:Committee on Date:

Subject:

Domestic relations;

abuse prevention Statement of purpose of bill as introduced:

This bill proposes to authorize the court to order a defendant to complete a domestic violence accountability program approved by the Council on Domestic Violence as a condition of a final relief from abuse order.

An act relating to participation in a domestic violence accountability program as a condition of a final relief from abuse prevention order An act relating to civil orders of protection It is hereby enacted by the General Assembly of the State of Vermont:

15 V.S.A.

§ 1103 is amended to read:

§ 1103.

REQUESTS FOR RELIEF (a) Any family or household member may seek relief from abuse by another family or household member on behalf of himself or herself themselves or his or her their children by filing a complaint under this chapter.

BILL AS PASSED BY THE HOUSE H.222 Page 2 of 16 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(2) of this chapter, may file a complaint under this chapter seeking relief on his or her the minor’s own behalf.

The plaintiff shall submit an affidavit in support of the order.

(b) Except as provided in section 1104 of this title, the court shall grant relief only after notice to the defendant and a hearing.

The plaintiff shall have the burden of proving abuse by a preponderance of the evidence.

(c)(1) The court shall make such orders as it deems necessary to protect the plaintiff or the children, or both, if the court finds that the defendant has abused the plaintiff, and:

(A) there is a danger of further abuse;

or (B) the defendant is currently incarcerated and has been convicted of one of the following:

murder, attempted murder, kidnapping, domestic assault, aggravated domestic assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or lascivious conduct with a child, use of a child in a sexual performance, or consenting to a sexual performance.

(2) The court order may include the following:

(A) An order that the defendant refrain from abusing the plaintiff or his or her the plaintiff’s children, or both, and from interfering with their personal liberty, including restrictions on the defendant’s ability to contact the plaintiff or the plaintiff’s children, or both, in any way, whether directly, BILL AS PASSED BY THE HOUSE H.222 Page 3 of 16 indirectly, or through a third party, with the purpose of making contact with the plaintiff, including in writing or by telephone, e-mail email, or other electronic communication, and restrictions prohibiting the defendant from coming within a fixed distance of the plaintiff, the children, the plaintiff’s residence, or other designated locations where the plaintiff or the plaintiff’s children are likely to spend time.

(B) An order that the defendant immediately vacate the household and that the plaintiff be awarded sole possession of a residence.

(C) A temporary award of parental rights and responsibilities in accordance with the criteria in section 665 of this title.

(D) An order for parent-child contact under such conditions as are necessary to protect the child or the plaintiff, or both, from abuse in accordance with section 665a of this title.

An order for parent-child contact may, if necessary, include conditions under which the plaintiff may deny parent-child contact pending further order of the court.

(E) If the court finds that the defendant has a duty to support the plaintiff, an order that the defendant pay the plaintiff’s living expenses for a fixed period of time not to exceed three months.

(F) If the court finds that the defendant has a duty to support the child or children, a temporary order of child support pursuant to chapter 5 of this title, for a period not to exceed three months.

A support order granted BILL AS PASSED BY THE HOUSE H.222 Page 4 of 16 under this section may be extended if the relief from abuse proceeding is consolidated with an action for legal separation, divorce, or parentage.

(G) An order concerning the possession, care, and control of any animal owned, possessed, leased, kept, or held as a pet by either party or a minor child residing in the household.

(H) An order that the defendant return any personal documentation in his or her the defendant’s possession, including immigration documentation, birth certificates, and identification cards:

(i) pertaining to the plaintiff;

or (ii) pertaining to the plaintiff’s children if relief is sought for the children or for good cause shown.

(I) An order requiring the defendant to complete a domestic violence accountability program approved by the Council on Domestic Violence.

(d) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation of the plaintiff’s sexual conduct shall be admitted.

Evidence of prior sexual conduct of the plaintiff shall not be admitted;

provided, however, where it bears on the credibility of the plaintiff or it is material to a fact at issue and its probative value outweighs its private character, the court may admit:

(1) evidence of the plaintiff’s past sexual conduct with the defendant;

BILL AS PASSED BY THE HOUSE H.222 Page 5 of 16 (2) evidence of specific instances of the plaintiff’s sexual conduct showing the source of origin of semen, pregnancy, or disease;

(3) evidence of specific instances of the plaintiff’s past false allegations of violations of 13 V.S.A.

chapter 59 or 72.

(e) Relief shall be granted for a fixed period, at the expiration of which time the court may extend any order, upon motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff, or the children, or both, from abuse.