Rule 80.10 Orders Against Stalking or Sexual Assault

(a) Application of Civil Rules.

(1) In General. Except as provided in this rule or by statute, these Rules of Civil Procedure shall apply to actions for orders against stalking or sexual assault filed pursuant to 12 V.S.A. §§ 5131-5138.

(2) Rule Modified. Rule 58 of the Vermont Rules of Civil Procedure shall apply to actions under this rule, except that a judgment need not be set forth on a separate document and is effective only when it is in writing, signed by the judge, and entered as provided in Rule 79(a).

(b) Content of Complaint. A complaint seeking relief under this rule shall state whether there are any proceedings in any other court pending between the parties, whether any orders from such proceedings are in effect, the court in which such proceedings are pending, and the names of the attorneys who have entered their appearance in such proceedings. The plaintiff shall provide an address and telephone number for notification purposes, which shall not be provided to any person without the written consent of the plaintiff.

(c) Emergency Relief. Temporary orders may be issued ex parte, without written or oral notice to defendant or defendant’s attorney, upon motion and affidavit and findings by the court as required by 12 V.S.A. § 5134. If the court determines that the contents of the affidavit are insufficient to support the issuance of a temporary order, the plaintiff shall be entitled to present evidence to the court before the court decides whether to grant or deny a temporary order.

(d) Presentation to Other Judge. When an application for a temporary order under this rule is made to and acted upon by one judge it shall not be presented to any other judge except by direction of the first judge or the Administrative Judge.

(e) Denial of Ex Parte Temporary Orders. When a judge denies an application for temporary order under this rule, the judge shall record the reasons for the denial in writing and shall give the written denial to the plaintiff. In addition, any denial in whole or in part shall inform the plaintiff that, within five business days after entry of the denial on the docket, he or she may request that the court hold a hearing on the complaint after notice to the defendant. Any such hearing shall be scheduled no more than 14 days from the date of the request.

(f) Grant of Order.

(1) All Orders. An order issued under this rule shall contain the name of the court, the names of the parties, the date of the complaint, the findings that support the order, and the date and time of the order and shall be signed by the court. All orders 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.” All orders shall also inform the parties that each has the right to receive notice in advance of any hearing that the opposing party will be represented by counsel. “Notice in advance of any hearing” is defined as actual notice provided to the opposing party or their attorney in person, by telephone, or in writing sufficiently in advance of the hearing to permit the other party a reasonable opportunity to obtain counsel.

(2) Ex Parte Orders. If the order was issued ex parte, it shall also state upon its face a date, time and place when defendant may appear to oppose the permanent relief sought in the complaint.

(3) Final Orders. Every order shall clearly inform the plaintiff and defendant that only the court can amend or revoke the order.

(g) Continuances. Notwithstanding Rule 40(c), grounds for continuances and for extension of the terms of any order include lack of notice in advance of any hearing that the opposing party will be represented by counsel. “Notice in advance of any hearing” is defined as actual notice provided to the opposing party or their attorney in person, by telephone, or in writing sufficiently in advance of the hearing to permit the other party a reasonable opportunity to retain counsel. If such notice is not provided to the opposing party, upon request by the unrepresented party or on the court’s own motion, the court shall continue the hearing to a specific date that is the next available hearing date that will allow the unrepresented party a reasonable time to obtain counsel. The court shall extend emergency relief for the duration of the continuance.

(h) Signature on Orders. Orders issued pursuant to 12 V.S.A. § 5131 et seq. shall be signed by the judge during regular court hours or, if the judge is not available in person, by a member of the court staff as directed by the judge by telephone.

(i) Orders Granting the Defendant Relief. The court may issue an order granting the defendant relief only upon the filing and service of an affidavit and complaint, or affidavit and motion, executed by the defendant, and upon notice and opportunity to be heard.