Vermont Statutes Title 33 Sec. 6936
Terms Used In Vermont Statutes Title 33 Sec. 6936
- Adult: means any individual who is 18 years of age or older. See
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Interested person: means a representative of the vulnerable adult; Adult Protective Services staff; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- sworn: shall include affirmed. See
- Vulnerable adult: means any person 18 years of age or older who:
§ 6936. Emergency relief; hearings
(a) In accordance with the Rules for Family Proceedings, temporary orders under this subchapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused, neglected, or exploited the vulnerable adult and that serious and irreparable harm to the physical health or financial interests of the vulnerable adult will result without ex parte relief.
(b) If the petition is made by an interested person, notice shall be provided to the vulnerable adult and the court shall determine whether the vulnerable adult is capable of expressing his or her wishes with respect to the petition and if so, whether the vulnerable adult wishes to pursue the petition. If the court determines that the vulnerable adult is capable of expressing his or her opinion and does not wish to pursue the petition, the court shall dismiss the petition.
(c) In addition to the information required under subsection 6935(b) of this title, every order issued under this section shall state upon its face a date, time, and place when the defendant may appear to petition the court for modification or discharge of the order. When service of the temporary order cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of any temporary order upon request of the plaintiff for such additional time as it deems necessary to achieve service on the defendant. The defendant’s opportunity to contest shall be scheduled as soon as reasonably possible, but in no event later than 10 days from the date of issuance of the order.
(d)(1) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays.
(2) The procedures established pursuant to this subsection shall include:
(A) designation of an employee of the Judiciary authorized to receive requests for ex parte petitions submitted after regular court hours; and
(B) permission for the petitioner’s affidavit to be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the authorized person, during or after regular court hours. (Added 1991, No. 180 (Adj. Sess.), § 2; amended 2001, No. 135 (Adj. Sess.), § 13, eff. June 13, 2002; 2021, No. 147 (Adj. Sess.), § 4a, eff. May 31, 2022.)