Legal Rights Under the Abuse Protection Act

If you have been abused, you have the right:

• To seek a Relief from Abuse Order (APO) from a district, superior or family court judge in the county in which you live.
  If you left your home to avoid abuse, you may request protection from any of those courts in either the county of your new residence or household, or in your home county. [15 V.S.A. §1102(b) and (c)]
• To request protection from the courts without paying a filing fee. [15 V.S.A. §1103(e)]
• To ask a judge for an emergency Temporary APO through court staff. If you need an APO after regular court hours, or on weekends and holidays, you can call, toll-free, 1-800-540-9990. [15 V.S.A. §1106(b)] If you want the help of an advocate from your local domestic violence program, you can call, toll-free, 1-800-ABUSE 95, any time of the day or night.
• To receive the help of police when you need to reach court staff to request emergency protection from a judge outside of regular court hours. [15 V.S.A. §1106(b)]
• To have the address and telephone number you give the court kept confidential without your written consent. [V.R.F.P. 9(b)]
• To receive an emergency Temporary APO from a judge without advance notice to your abuser if the judge finds your abuser has abused you and/or your children. [15 V.S.A. §1104(a)]
• To expect a judge who "determines that the contents of the affidavit are insufficient to support the issuance of a temporary order, " to allow you "to present evidence to the court before the court decides whether to grant or deny a temporary order." [V.R.F.P. 9(c)]
• To expect a judge who denies any part of your request for an emergency Temporary APO to give you her/his reasons for the denial in writing. [V.R.F.P. 9(e)]
• To expect police agencies to serve your APO on your abuser:
• at the earliest possible time,
• to give priority to serving your order over other summonses and orders,
• in a manner calculated to insure your safety, and
• without giving advance notice to your abuser. [15 V.S.A. §1105(a)]
• To expect that if police cannot serve your order on your abuser, at your request, the judge will postpone your final hearing and extend
• So many battered women have been infected with HIV by batterers forcing them into unprotected sex, in some cases deliberately to prevent their having sex with other men, < that the National CDC have identified a direct link between battering and the spread of HIV and AIDS among women. the protection of your APO for as much time as the judge thinks is necessary for the police to serve your abuser. [15 V.S.A. §1105(b)]
• To receive advance notice if your abuser will have an attorney at any court hearing. You have to be given adequate time to can get an attorney if you choose. [V.R.F.P. 9(f)(1)]
• To expect that, at your request, the judge will postpone any hearing and extend the protections of your Temporary APO when your abuser comes to court with an attorney without
• So many battered women have been infected with HIV by batterers forcing them into unprotected sex, in some cases deliberately to prevent their having sex with other men, that the National CDC have identified a direct link between battering and the spread of HIV and AIDS among women. giving you advance notice so you can hire an attorney. [V.R.F.P. 9(h)]
• To refuse to speak with or to make agreements with your abuser's attorney. [13 V.S.A. §5314(b)]
• To any protections you ask for that the judge thinks are necessary to protect you and your children if s/he finds that your abuser abused you and there is a danger of further abuse. [15 V.S.A. §1103(c)]
• To ask the judge to keep in effect the terms of your Temporary APO that protect you from abuse and interference with your personal liberty, even if you decide to drop the other
• So many battered women have been infected with HIV by batterers forcing them into unprotected sex, in some cases deliberately to prevent their having sex with other men, that the National CDC have identified a direct link between battering and the spread of HIV and AIDS among women. protections, and even if you want to continue living with your abuser.
• To expect that when a judge is deciding who will have custody of the children, s/he will consider the impact on the children of the abuse you and they have suffered, and the impact the abuse had on the children's relationship with the abuser. [15 V.S.A. §§1103(c)(3) and 665(b)(9)]
• To expect a judge who allows your abuser to spend time with the children to set conditions to protect both the children and you from further abuse. [15 V.S.A. §1103(c)(4); V.R.F.P. 9(f)(3)]
• To ask the judge to make written or oral findings of abuse on the record so the abuse can be considered in future court actions, like a divorce or custody case. [15 V.S.A. §1103(h)]
• To ask that your Final APO remain in effect for any period of time you think you and/or the children need its protection. [15 V.S.A. §1103(d)] Ex: you can ask that it stay in effect for 1 year, or 5 years, or until the children reach 18, or until further order of the court. The judge will listen to your request, and can make your order last as long as s/he thinks you need protection.
• To appeal a Final APO to the Vermont Supreme Court if you are denied a Final APO, or if you believe you were treated unfairly. [15 V.S.A. §1109]
• To expect a judge to extend the protections of your APO for additional time at your request when your original APO is ready to expire. You do not have to be abused during the time you were protected by the original APO in order to get an extension. [15 V.S.A. §1103(d)]
• To expect Vermont courts and police to enforce an APO from another state as though it were a Vermont APO. [15 V.S.A. §1108(a)]

Jeri Martinez, November 1998