Rule 80.10.Orders against stalking or sexual assault

Reporter’s Notes—2018 Amendment: Rule 80.10(e) is amended to extend its 10-day time period to 14 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.

Reporter’s Notes—2016 Amendment: Rule 80.10(e) is amended consistent with the amendment of V.R.F.P. 9(e), effective September 21, 2015, to provide that the denial of a stalking or sexual assault order under Rule 80.10 must inform the plaintiff that a request for hearing may be entered within five business days after the order is entered on the docket. The amendment is intended to expedite proceedings for holding a hearing when an ex parte temporary relief from abuse order has been denied by requiring that the written denial must inform the plaintiff that the request for hearing must be filed within five business days after entry of the denial on the docket. The time period is stated as “five business days” for the benefit of self-represented litigants. It is consistent with Rule 6(a), which provides that a five- day period does not include Saturdays, Sundays, or legal holidays.

Reporter’s Notes—2008 Amendment: Rule 80.10, promulgated as an emergency rule by order of September 29, 2006, effective October 1, 2006, is now made permanent. See Reporter’s Notes—2006 Emergency Amendment.

Reporter’s Notes—2006 Emergency Amendment: Rule 80.10 is added to implement the provisions of 12 V.S.A. §§ 5131- 5138, added by Act 193 of 2005 (Adj. Sess.), § 1, effective October 1, 2006, giving the Superior Court jurisdiction of proceedings on requests for orders against stalking and sexual assault sought by persons other than family or household members. The rule is based on V.R.F.P. 9, which covers relief from abuse proceedings brought by family or household members in Family Court. Variations from the Family Rule are noted below. The Reporter’s Notes to provisions of that rule and its amendments that have not been changed may provide interpretive guidance to the present rule. Rule 80.10(a) does not include V.R.F.P. 9(a)(2) making V.R.C.P. 79.1 regarding appearance of attorneys inapplicable. There seems to be no obvious reason why attorneys filing for civil stalking or sexual assault orders should not follow normal appearance rules. Rule 80.10(b) includes a requirement for information about any pending court case similar to that of V.R.F.P. 9(b). The disclosure requirement includes all types of proceedings in all Vermont courts, as well as in courts of other jurisdictions. The rule follows the Family Rule in maintaining the confidentiality of plaintiff’s location. Rule 80.10(c) differs from V.R.F.P. 9(c) in one respect: The sentence in V.R.F.P. 9(c) referring to presentation of a request for emergency relief to a judge not sitting in the court is omitted. Pursuant to 12 V.S.A. § 5134(a), requests for emergency relief may be presented only during regular court hours, so a clerk will always be available to receive the request and accompanying papers. Cf. Rule 80.10(h). Like V.R.F.P. 9(c), the rule provides the opportunity to present additional evidence to the court if the emergency request is denied. In Rule 80.10(f)(2), the provision of V.R.F.P. 9(f)(2) for modification prior to the date set for hearing is omitted as inapplicable. The two criteria which support modification prior to hearing under the Family Rule (possession of the home and child custody) do not apply to stalking or sexual assault orders against persons who are not family or household members. Similarly, the provisions of V.R.F.P. 9(f)(3) concerning parent-child contact are not carried forward in Rule 80.10(f)(3). V.R.F.P. 9(g), covering modification of emergency orders concerning child custody or possession of the home, is also omitted as inapplicable. Parties subject to an ex parte order under Rule 80.10(c) may seek modification or dissolution under Rule 65(a). Rule 80.10(g) is virtually identical to V.R.F.P. 9(h). Rule 80.10(h) is similar to V.R.F.P. 9(i). The rule takes account of the fact that not all superior courts have judges available in person at all times. Thus, some emergency orders will be signed by clerks on behalf of judges in other locations during regular court hours. The provisions of V.F.R.P. 9(i) for signature by a member of the court staff after regular court hours or on holidays and weekends have been omitted. The statute, 12 V.S.A. § 5136, unlike 15 V.S.A. § 1106 covering abuse prevention proceedings, contains no provision for after-hours issuance of orders. Rule 80.10(i) is identical to V.R.F.P. 9(j), except that provision for cases in which an action has been filed under V.R.F.P. 4 is omitted as inapplicable. V.R.F.P. 9(k), providing for automatic child support proceedings, is omitted as inapplicable.