Domestic Violence Support and Legal Strategies: A Vermont Family Attorney’s Guide to Protection, Claims, and Justice

Understanding Domestic Violence in Vermont: A Legal Overview

Domestic violence is a serious issue in Vermont, affecting individuals and families across the state. Vermont law defines domestic violence as abuse committed by a family or household member, encompassing a range of behaviors designed to control or intimidate. Understanding the legal definition and available resources is the first step in seeking protection and justice.

What Constitutes Domestic Violence?

In Vermont, domestic violence includes, but isn't limited to:

• 💢 Physical abuse (hitting, kicking, shoving)
• 🗣️ Verbal abuse (threats, intimidation, harassment)
• 💔 Emotional abuse (isolation, manipulation, control)
• 💰 Financial abuse (controlling access to money, preventing employment)
• 🚷 Sexual abuse (any unwanted sexual contact or coercion)
• 📱 Stalking (repeatedly following, harassing, or contacting someone)

It is crucial to remember that domestic violence is not just physical. Emotional, verbal, and financial abuse can be just as damaging and are also against the law.

Seeking Immediate Protection: Relief From Abuse Orders

If you are experiencing domestic violence in Vermont, a Relief From Abuse (RFA) Order is a crucial legal tool. An RFA Order is a civil order issued by the court to protect you from an abuser.

Applying for a Relief From Abuse Order

To obtain an RFA Order, you must file a petition with the Family Division of the Vermont Superior Court in the county where you reside or where the abuse occurred. You'll need to provide specific details about the abuse you've experienced, including dates, times, and descriptions of the incidents.

Note: You do not need an attorney to file for an RFA Order, but seeking legal counsel can be highly beneficial.

Types of Relief Offered by an RFA Order

An RFA Order can provide various forms of protection, including:

• 🏠 Ordering the abuser to stay away from your home, workplace, or other specified locations.
• 🚫 Prohibiting the abuser from contacting you in any way (phone, email, text, etc.).
• 👪 Granting you temporary custody of your children.
• 👮 Ordering the abuser to surrender any firearms they possess.
• 🛡️ Preventing the abuser from transferring or selling assets.

Emergency RFA Orders

If you are in immediate danger, you can request an Emergency RFA Order, which can be issued ex parte (without the abuser present). This provides immediate, temporary protection until a full hearing can be held.

Building Your Case: Evidence and Documentation

A strong case is built on solid evidence. When dealing with domestic violence, it's vital to document everything. This documentation will be invaluable when seeking an RFA Order or pursuing other legal avenues.

Types of Evidence to Gather

• 📸 Photos of injuries, property damage, or any other visible evidence of abuse.
• ✉️ Copies of threatening emails, text messages, or voicemails.
• 📝 Detailed journal entries documenting incidents of abuse, including dates, times, and descriptions of what happened.
• 🏥 Medical records documenting injuries or mental health treatment related to the abuse.
• 👮 Police reports or incident reports filed with law enforcement.
• 🗣️ Statements from witnesses who have seen or heard the abuse.

Preserving Electronic Evidence

In the digital age, electronic evidence is often critical. Be sure to preserve any relevant electronic communication. Take screenshots, back up your phone, and consider using secure cloud storage to protect your data.

Criminal Charges and Domestic Violence

In Vermont, domestic violence can lead to criminal charges against the abuser. These charges can range from simple assault to aggravated assault, depending on the severity of the abuse.

Common Criminal Charges in Domestic Violence Cases

• 😠 Simple Assault: Intentionally causing bodily injury to another person, or negligently causing bodily injury with a deadly weapon.
• 😡 Aggravated Assault: Causing serious bodily injury to another person, or using a deadly weapon to threaten or injure someone.
• 🚷 Stalking: Repeatedly harassing or following someone in a way that causes them to fear for their safety.
• ⛔ Violation of an RFA Order: Knowingly violating the terms of a Relief From Abuse Order.

The Role of the State's Attorney

The State's Attorney is responsible for prosecuting criminal cases in Vermont. If you report domestic violence to the police, they will investigate the incident and may refer the case to the State's Attorney for prosecution.

Victim's Rights in Criminal Cases

As a victim of domestic violence, you have certain rights in the criminal justice system, including the right to be informed about the progress of the case, the right to attend court hearings, and the right to provide input on sentencing.

Divorce and Family Law Considerations

Domestic violence can have a significant impact on divorce and family law proceedings in Vermont. The court will consider evidence of domestic violence when making decisions about child custody, visitation, and spousal support.

Child Custody and Visitation

The court's primary concern in child custody cases is the best interests of the child. If there is evidence of domestic violence, the court may restrict the abuser's access to the children or require supervised visitation. In some cases, the court may even terminate the abuser's parental rights.

Spousal Support (Alimony)

Domestic violence can also affect spousal support awards. The court may consider the abuser's conduct when determining whether to award spousal support and the amount and duration of the award.

Property Division

Vermont is an equitable distribution state, meaning that marital property is divided fairly, but not necessarily equally. Evidence of domestic violence can influence the court's decision on how to divide marital assets.

Possible Compensations and Legal Claims

Beyond criminal charges and family law proceedings, victims of domestic violence in Vermont may be able to pursue civil claims for damages.

Personal Injury Claims

If you have suffered physical injuries as a result of domestic violence, you may be able to file a personal injury claim against the abuser. This can help you recover compensation for medical expenses, lost wages, pain and suffering, and other damages.

Intentional Infliction of Emotional Distress

In Vermont, you can sue someone for intentional infliction of emotional distress if their conduct was outrageous and caused you severe emotional distress. Domestic violence often meets this standard.

Crime Victim Compensation Fund

Vermont has a Crime Victim Compensation Fund that can help victims of violent crimes, including domestic violence, cover certain expenses, such as medical bills, counseling costs, and lost wages. Eligibility requirements apply.

Strategies for Protecting Yourself and Your Children

Your safety and the safety of your children are paramount. Here are some strategies to protect yourself:

Safety Planning

Develop a safety plan with a domestic violence advocate. This plan should outline steps you can take to protect yourself if you are in danger, such as having a safe place to go, a code word to use with friends or family, and a packed bag ready to go.

Document Everything

As mentioned earlier, document all incidents of abuse. This documentation can be crucial in obtaining an RFA Order, pursuing criminal charges, or filing a civil lawsuit.

Seek Support

Don't hesitate to reach out to friends, family, or domestic violence organizations for support. Talking to someone who understands what you're going through can make a big difference.

Change Your Routine

Alter your daily routine to make it harder for the abuser to predict your movements. This might involve changing your route to work or school, varying your childcare arrangements, or using different stores or restaurants.

Resources Available in Vermont

Vermont offers a variety of resources for victims of domestic violence:

• 📞 Vermont Network Against Domestic and Sexual Violence: A statewide coalition of domestic violence and sexual assault programs. They can provide referrals to local resources and support services. 1-800-228-7395
• 🏛️ Vermont Legal Aid: Provides free legal services to low-income Vermonters, including assistance with RFA Orders and other legal matters related to domestic violence. 1-800-889-2047
• 🏘️ Local Domestic Violence Agencies: Many local organizations offer shelter, counseling, and advocacy services for victims of domestic violence. Search online for resources in your county.
• 👮 Local Law Enforcement: Your local police department or sheriff's office can provide assistance if you are in immediate danger. Call 911 in an emergency.

Important: Remember that you are not alone. Help is available, and you deserve to be safe.

Working with a Vermont Family Attorney

Navigating the legal system can be overwhelming, especially when dealing with domestic violence. A Vermont family attorney who specializes in domestic violence cases can provide invaluable assistance.

Benefits of Hiring an Attorney

• ⚖️ Legal Expertise: An attorney can explain your rights and options under Vermont law.
• 📑 Case Preparation: An attorney can help you gather evidence, prepare legal documents, and build a strong case.
• 🗣️ Court Representation: An attorney can represent you in court and advocate for your best interests.
• 🤝 Negotiation: An attorney can negotiate with the abuser's attorney to reach a fair settlement.
• 🛡️ Protection: An attorney can help you obtain an RFA Order and take other steps to protect your safety.

Finding the Right Attorney

When choosing an attorney, look for someone who has experience handling domestic violence cases in Vermont and who understands your needs and concerns. Ask for referrals from friends, family, or domestic violence organizations.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.