Legal Statutes: Vermont
UPDATED September 24, 2012
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- Vermont Statutes (select sections)
- Title Twelve. Court Procedure
- Part 9. Particular Proceedings
- Chapter 178. Orders Against Stalking or Sexual Assault
- Title Thirteen. Crimes and Criminal Procedure
- Part 1. Crimes
- Chapter 1. General Provisions
- Chapter 19. Breach of the Peace; Disturbances
- Subchapter 4. Other Disturbances of the Peace
- Subchapter 7. Stalking
- Chapter 56. Custodial Interference
- Chapter 59. Lewdness and Prostitution
- Subchapter 1. Lewd and Indecent Conduct
- Chapter 64. Sexual Exploitation of Children
- Chapter 72. Sexual Assault
- Subchapter 1. Crimes; Trials
- Title Fourteen. Decedents' Estates and Fiduciary Relations
- Part 4. Fiduciary Relations
- Chapter 111. Guardianship
- Subchapter 2. Persons for Whom Guardians Appointed2
- Article 1. Guardians of Minors
- Title Fifteen. Domestic Relations
- Chapter 5. Desertion and Support
- Subchapter 3A. Parentage Proceedings
- Chapter 11. Annulment and Divorce
- Subchapter 3A. Child Custody and Support
- Chapter 18. Grandparents' Visitation
- Chapter 19. Uniform Child Custody Jurisdiction Act [Repealed]
- §§ 1031 to 1051. Repealed by 2011, No. 29, § 8, eff. July 1, 2011
- Chapter 20. Uniform Child Custody Jurisdiction and Enforcement
- Subchapter 2. Jurisdiction
- Chapter 21. Abuse Prevention
- Subchapter 1: General Provisions
- Subchapter 3: Address Confidentiality for Victims of Domestic Violence, Sexual Assault or Stalking
- Title Fifteen B. Uniform Interstate Family Support Act (1996)
- Chapter 3. Civil Provisions of General Application
- Vermont Court Rules
- Rules for Family Proceedings
Subchapter 4. Other Disturbances of the Peace
back to top1030. Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child
(a) A person who commits an act prohibited by a court or who fails to perform an act ordered by a court in violation of an abuse prevention order issued under chapter 21 of Title 15 or chapter 69 of Title 33, a protective order that concerns contact with a child and is issued under chapter 51 of Title 33, or an order against stalking or sexual assault issued under chapter 178 of Title 12, after the person has been served notice of the contents of the order as provided in those chapters; or a foreign abuse prevention order or an order against stalking or sexual assault issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
(b) A person who is convicted of a second or subsequent offense under this section or is convicted of an offense under this section and has previously been convicted of domestic assault under section 1042 of this title, first degree aggravated domestic assault under section 1043 of this title, or second degree aggravated domestic assault under section 1044 of this title shall be imprisoned not more than three years or fined not more than $25,000.00, or both.
(c) Upon conviction under this section for a violation of an order issued under chapter 21 of Title 15, the court shall, unless the circumstances indicate that it is not appropriate or not available, order the defendant to participate in domestic abuse counseling or a domestic abuse program approved by the department of corrections. The defendant may at any time request the court to approve an alternative program. The defendant shall pay all or part of the costs of the counseling or program unless the court finds that the defendant is unable to do so.
(d) Upon conviction for a violation of an order issued under chapter 178 of Title 12, the court may order the defendant to participate in mental health counseling or sex offender treatment approved by the department of corrections. The defendant shall pay all or part of the costs of the counseling unless the court finds that the defendant is unable to do so.
(e) Nothing in this section shall be construed to diminish the inherent authority of the courts to enforce their lawful orders through contempt proceedings.
(f) Prosecution for violation of an abuse prevention order or an order against stalking or sexual assault shall not bar prosecution for any other crime, including any crime that may have been committed at the time of the violation of the order.
1989, Adj. Sess., No. 294, § 1; 1991, Adj. Sess., No. 180, § 4; 1995, Adj. Sess., No. 170, § 30; 2005, Adj. Sess., No. 193, § 2; 2007, Adj. Sess., No. 174, § 4, eff. July 1, 2008; 2007, Adj. Sess., No. 185, § 5, eff. Jan. 1, 2009.