§ 1101.
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/vt/title-15/chapter-21/1101A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1101. Definitions
As used in this chapter:
(1)“Abuse” means:
(A)the occurrence of one or more of the following acts between family or household members:
(i)attempting to cause or causing physical harm;
(ii)placing another in fear of imminent serious physical harm;
(iii)abuse to children as defined in 33 V.S.A. chapter 49, subchapter 2;
(iv)stalking as defined in 12 V.S.A. § 5131(6); or
(v)sexual assault as defined in 12 V.S.A. § 5131(5); or
(B)coercive controlling behavior between family or household members.
(2)“Coercive controlling behavior” means a pattern of behavior that in purpose or effect unreasonably interferes with a person’s free will and personal liberty. “Coercive controlling behavior” includes unreasonably engaging in any of the following:
(A)isolating the family or household member from friends, relatives or other sources of support;
(B)depriving the family or household member of basic necessities;
(C)controlling, regulating or monitoring the family or household member’s movements, communications, daily behavior, finances, economic resources, or access to services;
(D)compelling the family or household member by force, threat or intimidation, including threats based on actual or suspected immigration status, to:
(i)engage in conduct from which such family or household member has a right to abstain; or
(ii)abstain from conduct that such family or household member has a right to pursue;
(E)committing or threatening to commit cruelty to animals that intimidates the family or household member; or
(F)forced sex acts or threats of a sexual nature, including threatened acts of sexual conduct, threats based on a person’s sexuality, or threats to release sexual images.
(3)“Household members” means 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. Factors that the court may consider when determining whether a dating relationship exists or existed include:
(A)the nature of the relationship;
(B)the length of time the relationship has existed;
(C)the frequency of interaction between the parties; and
(D)the length of time since the relationship was terminated, if applicable.
(4)A “foreign abuse prevention order” means any protection order issued by the court of any other state that contains provisions similar to relief provisions authorized under this chapter, the Vermont Rules for Family Proceedings, 33 V.S.A. chapter 69, or 12 V.S.A. chapter 178.
(5)“Other state” and “issuing state” shall mean any state other than Vermont and any federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.
(6)A “protection order” means any injunction or other order issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders issued by civil and criminal courts, other than support or child custody orders, whether obtained by filing an independent action or as a pendente lite order in another proceeding provided that any civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(7)[Repealed.] (Added 1979, No. 153 (Adj. Sess.), § 1; amended 1981, No. 207 (Adj. Sess.), § 2, eff. April 25, 1982; 1981, No. 218 (Adj. Sess.), § 1; 1991, No. 135 (Adj. Sess.), § 14; 1995, No. 170 (Adj. Sess.), § 26, eff. May 15, 1996; 1997, No. 153 (Adj. Sess.), § 4; 1999, No. 91 (Adj. Sess.), § 38; 1999, No. 124 (Adj. Sess.), § 10; 2005, No. 193 (Adj. Sess.), § 3, eff. Oct. 1, 2006; 2009, No. 154 (Adj. Sess.), § 128; 2015, No. 23, § 152; 2023, No. 103 (Adj. Sess.), § 1, eff. July 1, 2024.)