Service:

While the state’s policy is that plaintiffs should never be charged for the service of RFAs, some local task forces have reported that their law enforcement agencies are charging for foreign orders

All police officers can serve orders, and anyone at local or state police departments would know how to direct her

Custody:

Vermont has not passed the UCCJEA.

Guns:

Police will not confiscate weapons from an out of state defendant unless the plaintiff’s protection order specifically stipulates that weapons are to be confiscated.

Notification:

If Michelle registers an out of state O/P in VT, Vermont would not notify Ron.

Registry:

VT attempts to enter all protective orders into NCIC. If NCIC won’t accept the record, order is entered into state database instead. State database is not directly accessible by other states’ law enforcement.

If Ron follows Michelle to VT, police are supposed to query both state database and NCIC for protection orders. They should do this anytime they come in contact with people (even for a routine traffic stop).

Contact Person:

If the police couldn’t decide whether or not Michelle’s O/P was facially valid, they are supposed to contact the issuing court, or a PD or state police in that area if after-hours.

Safety Information:

Domestic Violence Hotline: 1-800-228-7395

Out of state survivors are eligible for shelter, emergency assistance, etc.

Definition of Terms:

“Family” is not defined; judges can interpret. “Household members”, who may also request protections, are defined as “persons who, for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged in or have engaged in a sexual relationship, or minors or adults who are dating or who have dated. ‘Dating’ means a social relationship of a romantic nature...”

Vermont has no mandatory arrest law. Police CAN arrest AND lodge if they have probable cause to believe person has:
1. committed a felony; 2. violated an abuse prevention order, of VT or foreign; 3. committed misdemeanor involving assault of family or household member; 4. abused an elderly or disabled person; 5. committed a misdemeanor plus an assault or a sexual act against/with an elderly or disabled person; 6. committed a misdemeanor plus injury/damage to a person or property.