Domestic Violence


State law protects married women and married men, civil union partners, romantic partners in some instances, and family members in some instances from harassment, stalking, threats, or violence from each other. If you feel that your personal safety is being threatened by any of these people, call the police immediately. In addition to calling the police, you can file for a temporary relief from abuse order at any Vermont family court, 24 hours a day, at no cost. The temporary relief from abuse order typically lasts 10 days, when a hearing will be held in family court on the issue of abuse. At that hearing, the judge may grant a final order for relief from abuse that usually is good for one year or more, and may be renewed at the end of that period. Relief from abuse orders can give the household, temporary custody of any children, and sometimes temporary living expenses to the plaintiff. Violation of a relief from abuse order is a criminal offense. There are further criminal law protections that are available through, and enforced by, the police. You do not have to choose between family court and the police to get protection from abuse; both family and district courts are empowered to protect you in different ways.


If you are in need of shelter or other immediate assistance because of domestic violence, or you just need someone to talk to, check the Yellow Pages under “Social and Human Services” for the nearest battered women’s agency, or call the statewide toll-free domestic violence hotline at 1-800-228-7395.


Divorce or Dissolution


To end a marriage, you must get a divorce: to end a civil union, you must get a dissolution. The rules are the same for both procedures. The Vermont family court must approve every divorce or dissolution. There are several legal grounds for a divorce or dissolution, but the most commonly alleged legal ground for is “no fault”: that is, being separated for a period in excess of six consecutive months, without any reasonable likelihood that you and your partner will resume the marital or civil union relationship.


Suits for divorce or dissolution are filed in family court. When you file for a divorce or dissolution, or when you receive a divorce complaint, there is usually an automatic order that prohibits you from restraining the liberty of your partner, selling or transferring property (except as a part of your business, by agreement or court order), removing your partner or children from your medical insurance policy, or moving out of state with your


30 On Your Own, 2008 Edition


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