DRM Family Law Group: Relief from Abuse

At Downs Rachlin Martin PLLC (DRM), the experienced and dedicated family law team offers knowledgeable and effective representation with regard to Relief from Abuse applications.

The Vermont Abuse Prevention Statute

The Vermont Abuse Prevention Statute is designed to prevent abuse between family and household members as well as those persons who are or have been in a dating relationship. The Abuse Prevention Statute applies to same sex as well as opposite sex couples. Victims of domestic violence may apply for a Relief from Abuse Order restraining the abuser from abusing the victim. Abuse is defined by statute in Vermont as one or more of the following acts:

• attempting to cause or causing physical harm
• placing another in fear of imminent serious physical harm
• abuse to children as defined in the Vermont Statues on child abuse and neglect. A parent may apply for an order on behalf of his or her children.

Victims may apply for relief from abuse on an emergency ex-parte basis. (Ex-parte refers to situations in which only one party - not the adversary - appears before a judge.) During regular court hours application is made at the court. After normal court hours there is a system of accepting complaints, usually with the assistance of a law enforcement agency. If a judge determines that an emergency order is warranted, it will be granted on an ex-parte basis with a hearing set within 10 days. In the event a judge determines that the victim's affidavit does not require an emergency ex-parte order, the matter is still set for hearing within 10 days.

Based on the evidence presented at the hearing, a judge will decide whether the evidence supports an order under the statute. If so, a Final Order of Relief from Abuse will be issued. Typically the court grants the order for a period of one year, though if the circumstances warrant it can be issued for a longer period of time, so long as it is for a specific time period.

In addition to restraining the abuser from abusing the victim, Final Orders may contain provisions for child visitation, exclusive use of the home and temporary support where warranted. A final order may be modified upon motion of either party. Prior to expiration of a final order the victim may request that the order be renewed.

Our team includes skilled lawyers who have experience handling emotional family law issues.

Getting to the heart of an issue is essential to effectively resolving family law problems. But, when a party is the victim of abuse, quick, decisive actions are required. When you entrust your case to us, our attorneys are prepared to take immediate steps to ensure that you receive the protections you need.

DRM’s family law attorneys provide first-rate, cost-effective client service.

Caryn Waxman and Amber Barber, co-chairs of the DRM Family Law Group, have each practiced family law exclusively for more than a dozen years. Both are regularly invited to address lawyers and other professionals on divorce matters and related complex financial issues, as well as other family law topics.

Keenly aware of the emotionally-charged nature of most family law issues, our family law team responds rapidly to clients’ needs, making every effort to ensure that you are informed about the status of your case and what steps are to be taken next.

Contact Us

To explore how the DRM Family Law Group can assist you, contact practice group co-chair Amber Barber or Caryn Waxman.