An act relating to after-hours access to orders against sexual assault
This bill expands access to emergency relief orders against sexual assault by creating procedures for filing and processing requests after regular court hours, on weekends, and on holidays. It amends Vermont’s emergency relief statutes to allow a designated court official to receive ex parte requests by telephone or reliable electronic means, administer the oath remotely, and transmit the complaint and affidavit to a judicial officer for a decision based solely on the submitted materials.
The bill also clarifies service and enforcement procedures. A defendant who is present in court and is notified on the record that an order has been issued is deemed served and must comply immediately, while the court must still send the order for additional service by law enforcement and mail a copy to the defendant’s last known address. The act takes effect on September 1, 2025.
The bill amends 12 V.S.A. §§ 5134, 5135, and 5136, which govern emergency relief orders related to stalking and sexual assault. Its main legal effect is to create a statewide after-hours process for obtaining ex parte sexual assault protective orders, including electronic submission, telephonic oath administration, and remote judicial review. It also reinforces service procedures and law enforcement involvement in delivering orders and assisting plaintiffs.
The available record shows no committee transcript or recorded votes, so there is no documented opposition or support in the provided materials. Based on the bill’s purpose and structure, it appears to be a procedural access measure aimed at improving victim access to court protection outside normal business hours, with an emphasis on speed and availability rather than substantive changes to eligibility standards.
No specific points of contention are documented in the provided materials. Potential areas of concern inherent in the bill’s design could include the use of telephonic or electronic affidavits, reliance on a designated court official to screen after-hours requests, and the balance between rapid victim access and due process for defendants. However, the record provided does not identify any legislator, committee member, or stakeholder raising those issues.