Relief from Abuse, Neglect, or Exploitation of a Vulnerable Adult

Abuse

Abuse as it applies to vulnerable adults is defined by Vermont law (33 V.S.A. § 6902(1)) as:

• Any medical treatment that purposely, knowingly, or recklessly places the vulnerable adult’s life, health, or welfare in jeopardy or is likely to result in an impairment of their health.
• Any conduct committed purposely, knowingly, or recklessly that is likely to cause unnecessary harm, unnecessary pain, or unnecessary suffering to a vulnerable adult or places their life, health, or welfare in jeopardy or is likely to result in impairment of their health.
• Confinement, seclusion, restraint or interference with the freedom of movement of a vulnerable adult unless it is necessary to ensure the safety of the vulnerable adult or others.
• Any sexual activity or acts of a sexual nature with a vulnerable adult by a caregiver. This definition does not apply to a consensual relationship between a vulnerable adult and a spouse or household member, or to a consensual relationship between a vulnerable adult and a caregiver hired, supervised, and directed by the vulnerable adult.
• Any sexual activity or acts of a sexual nature with a vulnerable adult when they do not consent or when the individual knows or should know the vulnerable adult is incapable of resisting or consenting to the sexual activity due to age, disability, or fear of retribution or hardship, regardless of whether the individual has actual knowledge of the adult’s status as a vulnerable adult.
• Purposely or recklessly subjecting a vulnerable adult to behavior that a reasonable person would expect to result in serious emotional or psychological distress, including intimidation, fear, humiliation, degradation, agitation, or disorientation.
• Administration or threatened administration of a drug or substance to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment.
• Wrongful denial or withholding of necessary medication, care, durable medical equipment, or treatment.
• Use of deception, force, threat, undue influence, harassment, duress, or fraud to induce a vulnerable adult to request or consent to receive or refuse treatment.
• Administration of a drug, substance, or preparation to a vulnerable adult for a purpose other than legitimate and lawful medical or therapeutic treatment

Neglect

Neglect as it applies to vulnerable adults is defined by Vermont law (33 V.S.A. § 6902(21)) as purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission to:

• Provide care or arrange for goods or services necessary to maintain the health or safety of a vulnerable adult, including food, clothing, medicine, shelter, supervision, and medical services, unless the caregiver is acting pursuant to the wishes of the vulnerable adult or the vulnerable adult’s representative, or an advance directive.
• Make a reasonable effort, in accordance with the authority granted the caregiver, to protect a vulnerable adult from abuse, neglect, or exploitation by others.
• Carry out a plan of care for a vulnerable adult unless the caregiver is acting pursuant to the wishes of the vulnerable adult or the vulnerable adult’s representative, or an advance directive.
• Report significant changes in the health status of a vulnerable adult to a physician, nurse, or immediate supervisor, when the caregiver is employed by an organization that offers, provides, or arranges for personal care.

Neglect does not include self-neglect. 

Exploitation

Exploitation as it applies to vulnerable adults is defined by Vermont law (33 V.S.A. §6902(13)) as:

• Willfully or knowingly using, withholding, transferring, or disposing of funds or property of a vulnerable adult without or in excess of legal authority to the detriment of a vulnerable adult.
• Purposeful unauthorized access, sharing, or use of identifying information, image or likeness, personal accounts, or documents of a vulnerable adult without or in excess of legal authority to the detriment of the vulnerable adult or for the wrongful profit or advantage of another.
• Breach of duty by a guardian, agent, or other fiduciary to the detriment of a vulnerable adult.
• Acquiring or attempting to acquire possession or control of or an interest in funds or property of a vulnerable adult through the use of deception, force, threat, undue influence, harassment, duress, or fraud.
• Refusing to return or surrender possession or control of an interest in funds or property of a vulnerable adult upon the request of a vulnerable adult or the vulnerable adult’s representative.
• Knowingly failing to use a vulnerable adult’s income and assets for the necessities required for that vulnerable adult’s support and maintenance.
• Influencing or persuading a vulnerable adult to perform services with substandard compensation for the profit or advantage of another.

Interested Persons

Interested persons include:

• An agent of the vulnerable person acting under a power of attorney or an advanced directive
• A court-appointed guardian
• Adult Protective Services 
• Department of Disabilities, Aging, and Independent Living (DAIL)  

Vulnerable Adult

A vulnerable adult is a person who is 18 or older who:

• is a resident of a licensed facility such as a nursing or community care home; or
• is a resident of a psychiatric hospital or psychiatric unit of a hospital; or
• was receiving assistance with personal care services for more than one month from a designated home health agency or from a person or organization that offers, provides, or arranges for personal care or is determined to be clinically eligible to receive Long-Term Medicaid waiver services; or
• regardless of residence or whether any type of service is received, has a physical, mental, or developmental disability; infirmities as a result of brain damage or a mental condition; or infirmities of aging resulting in:
  • impairment of their ability to independently engage in activities of daily living or instrumental activities of daily living or to provide for some aspect of their personal care without assistance; or
  • some impairment of their ability to protect themselves from abuse, neglect, or exploitation.  

1.  Fill out the required forms

Fill out the forms in one of these ways:

• Download and complete the fillable PDF forms listed at the bottom of this web page. 
• Print the forms from the bottom of this web page and fill them out.
• Pick up the paper forms at the courthouse from the Family Division.

A vulnerable adult can make the request on their own behalf. Or, an interested person can make the request on behalf of a vulnerable adult. Interested persons include:

• An agent of the vulnerable person acting under a power of attorney or an advanced directive
• A court-appointed guardian
• Adult Protective Services 
• Department of Disabilities, Aging, and Independent Living (DAIL) 

33 V.S.A. § 6902(16) and 33 V.S.A. § 6931

These are the forms needed to start a case:

• Complaint for Relief from Abuse/Neglect/Exploitation (form 400-00851)
• Statement in Support of Request for Abuse Neglect Exploitation  (form 400-00852)
• Protection Order Service Information (form DPS 132)
• Confidential Notification for Abuse/Neglect/Exploitation (form 400-00854)
• Certificate of Notice to Plaintiff by an Interested Person (form 400-00853) (if you the person filling out the forms is an interested person, not the vulnerable adult) 

You can find these forms at the bottom of this web page.  

2.  File the completed forms

There is no fee to ask for a Relief from Abuse order for a vulnerable adult. 

File the completed forms with the Family Division of the Superior Court. The forms can be filed in person at the courthouse or by email. See the Filing Procedures web page for information about filing options and requirements.

You can apply for Relief from Abuse order for a vulnerable adult at any time, even when the courts are closed. This includes nights, weekends, and holidays. The courts are open Monday - Friday, 8:00 am to 4:30 pm. Call the Judiciary’s after-hours number to apply for a Relief from Abuse order for a vulnerable adult when the courts are closed, including nights, weekends, and holidays: 800-540-9990.

Once you file your request for emergency relief, the complaint and statement in support of the request are given to the judge for expedited review.

If the Request is Granted

If the court grants the request for emergency relief, it will issue a temporary order. The temporary order will detail the type of restrictions the defendant must follow.

The court will schedule a hearing within 14 court days of the order date. You will receive a copy of the temporary order and information about the date and time of your hearing.

The court will send a copy of the complaint and statement in support of the request along with the temporary order with the date of the hearing to law enforcement. Law enforcement will deliver the documents to (serve) the defendant. The temporary order is not effective until the defendant is served.  

Be sure to go to the hearing!

• If you do not go to the hearing your case will be dismissed, even if the defendant has not been served.
• If the defendant has not been served by the time of the hearing, you can ask to extend the temporary order and schedule a new hearing.
• If the defendant has been served and they do not go to the hearing, you can ask the the court to grant a final order without any input from the defendant.

The temporary order is in effect until the hearing.

If the Request is Denied

The judge may deny the request for relief if the information provided does not meet the requirements for an order to be issued. 

• You have the right to ask for a hearing. You must make the request within seven days of the denial. At the hearing you can give court information to support your request for an order. To request a hearing, file an Intent to Pursue or Withdraw Complaint Exploitation (form 400-00859). You can find the form at the bottom of this page in the Forms section. There is no temporary order in place.
• You can instead decide to withdraw your request by filing an Intent to Pursue or Withdraw Complaint Exploitation (form 400-00859). If you withdraw your request, the case will be closed. The complaint and affidavit will be kept confidential, and the defendant will not be able to see them. 
• If you do not file an Intent to Pursue or Withdraw Complaint Exploitation (form 400-00859), the court will assume you have withdrawn your request. The case will be closed. The complaint and affidavit will be kept confidential, and the defendant will not be able to see them.

If you ask for a hearing, the court will set a hearing date. The court will send a copy of the Complaint, Statement in Support, Intent to Pursue or Withdraw Complaint, a copy of the order denying your request for a temporary order, and hearing information to law enforcement. Law enforcement will serve the documents on the defendant.

Be sure to go to the hearing!

• If you do not go to the hearing your case will be dismissed, even if the defendant has not been served.
• If the defendant has not been served by the time of the hearing, you can ask to reschedule the hearing.
• If the defendant has been served and they do not go to the hearing, you can ask the the court to grant a final order without any input from the defendant.

There is no temporary order in place before the hearing.  

See the Going to Court web page for information about getting reading for a court hearing. 

• If your hearing is scheduled to be in person and you would like to appear remotely by video or phone instead, you must notify the court in writing. Use the Miscellaneous Motion (form 400-00830) to make your request.
• If your hearing is scheduled to be remote by video or phone and you would like to appear in person instead, you must ask for permission in writing. Use the Miscellaneous Motion (form 400-00830) to make your request.

If you would like to ask for an ADA accommodation or an interpreter, contact the court right away.

• The form to request an ADA accommodation is on the Americans with Disabilities Act web page.
• The form to request an interpreter is on the Language Access: Interpreters and Translators web page.

Plaintiff

If you filed the request for relief from abuse, neglect, or exploitation, you are the plaintiff. Be on time for your hearing. This is your opportunity to present information from you and your witnesses to the court. If you do not attend the hearing, your request for a final RFA order will be dismissed. Any temporary order will expire on that day.

If the complaint has been filed on your behalf by an interested person, the court must determine at the hearing whether you are capable of expressing your wishes with respect to your requests, and whether you wish to pursue the case.

Defendant

If you have been served with a temporary order for relief from abuse, neglect, or exploitation, or with a notice of hearing, you are the defendant.

Before the hearing date, you have the right to ask the judge to change the restrictions of the order. You need to make this request in writing by filing a Motion to Modify Temporary RFA Order Prior to Scheduled Hearing (form 400-00158). You can find the form at the bottom of this page.  

Be on time for your hearing. This is your opportunity to present information from you and your witnesses to the court. If you do not attend the hearing, the court will grant a final order if the plaintiff's testimony supports it. You won't get a chance to give the court your side of the story.

Both Parties

You may want to talk to or hire an attorney. The Finding Legal Help web page has information about ways to get the help of an attorney.

If there are adult witnesses to the abuse, you may want to bring them to testify at the hearing. The judge may not accept written statements from people not in court, and may not allow them to testify by telephone.

If there are witnesses who will require a court order (subpoena) to attend your hearing, you must request a subpoena from the court clerk well before your hearing date. This is so that it can be properly served on (delivered to) your witness.

Be on time for your hearing. If your hearing is in person, the court will provide separate areas for plaintiffs and defendants if possible.

Do not expect to talk to each other before the hearing.

Have your paperwork with you at the hearing.

Be ready to take notes.

You may want to have a support person with you. The judge will decide whether that person will be allowed to sit with you or speak to the judge. 

If you are bringing exhibits (papers or pictures related to your case), bring a copy for the court, one for the other person in the case, and one to keep. If you are bringing a tape recording, also bring the equipment needed to play it. The judge may not allow what you bring to become part of the case.

See the Going to Court web page for information about getting ready for the hearing. 

If your hearing is in person, please note there is no child care available at the courthouse. Children are not allowed in the courtroom. Please arrange for someone to care for your children during the hearing.

The court has issued a final order intended to protect you from abuse, neglect, or exploitation. If the defendant violates the order, contact law enforcement.

Service

Usually, the defendant receives a copy of the final order at the end of the hearing. If the defendant was not at the hearing, it is the court’s responsibility to have law enforcement serve the final order on the defendant. If the defendant is not personally served, the order will not be enforceable, and your safety could be at risk.

Enforcement 

All orders forbid the defendant from abusing, neglecting, or exploiting you. Depending on what your order says, the defendant may not contact you or be near you, your home, work, school, or vehicle. You should immediately report any violations of the order to law enforcement. They will help you enforce your order. Keep a copy of the order with you.

Coverage 

All law enforcement officers can check a nationwide list to see whether your order is in effect and what its terms are. Your order is enforceable throughout the state and the country.

Understanding your order 

You need to read your order and understand it. The order is only against the defendant. This means that only the defendant can violate the order. Do not encourage contact with the defendant if the defendant is ordered not to contact you. Any criminal case against the defendant is separate from this relief from abuse, neglect, or exploitation case. This order will not change conditions of release or probation conditions against the defendant that have been issued. A change or dismissal of this order for relief from abuse, neglect, or exploitation does not change the defendant’s conditions of release or probation conditions, if any.

Changes to the order 

Only the court can change or dismiss the order. You or the defendant can request a change to the order in writing by filing a Motion to Modify/Extend/Vacate Relief from Abuse form (form 400-00153). The judge may schedule a hearing before making any changes to an existing order. You can find the form in the Related Forms section of the Relief from Abuse web page.  

Communication

If your order prevents contact between you and the defendant, the judge must change the order before the defendant may have contact with you.

Expiration

Please note the expiration date of your order on the first and last pages. If you want to extend the order beyond the expiration date, you must file a written request with the court. Be sure to file it a few weeks before the order ends.

The court has issued a final order for relief from abuse, neglect, or exploitation. You can be charged with a crime in criminal court if you violate this order.

Understanding your order

Read the order carefully. You want to be sure you understand what it says so you don't violate any of its requirements. If you don't understand something in the order, talk to an attorney. The Finding Legal Help web page has information about ways to get the help of an attorney. Keep a copy of the order with you.

Enforcement

The order is only against you. Only you can violate it. If you do, you can be arrested. The order will be enforced by law enforcement, and you may be subject to proceedings and punishment for criminal contempt.

What to do

If accidental contact with the plaintiff happens (usually in a public place), get away from the situation immediately. If the order does not allow telephone contact and the plaintiff calls you, hang up the phone.

Changes to the order 

You or the plaintiff can request a change to the order in writing by filing a Motion to Modify/Extend/Vacate Relief from Abuse form (form 400-00153). The judge may schedule a hearing before making any changes to an existing order. You can find the form in the Related Forms section of the Relief from Abuse web page.  

Coverage 

All law enforcement officers can check a nationwide list to see whether the order is in effect and what its terms are. Your order is enforceable throughout the state and country.

Criminal orders 

Any criminal case against you is separate from this order for relief from abuse, neglect, or exploitation. This order (or its dismissal) will not change conditions of release or probation conditions against you.

Expiration 

This order will remain in effect until the expiration date on the first and last pages. It will be enforced as written until it expires.