When Vermont DCF gets involved with your family, it can be nerve-racking for everyone. If DCF starts a court case involving you and your family, you can become incredibly uncertain about what will happen next. You always have a right to consult with an attorney. If you have any questions, you should give us a call. A court case involving DCF is complex and has many stages. However, below is a good run down of what to expect in such a case. Vermont DCF Court Case Phases Petition A DCF investigator or family support worker writes up an affidavit and provides it to the State’s Attorne ..read more

In Vermont, you can apply for a “sexual assault or stalking protective order,” which is what is commonly referred to as a “Restraining Order.” The sexual assault or stalking protective order is an order from the court which is used to stop violent, harassing and threatening behavior from a non-family or household member. First, determine if this order is right for you. If it is, follow our tips for filing a sexual assault or stalking protective order. Do you Qualify for a Sexual Assault or Stalking Protective Order? Any person who is NOT a family or household member may seek relief from ..read more

What is a Stalking Protective Order? A Stalking Protective Order is a civil court order, which protects a victim from someone who is NOT a family or household member who has stalked the victim. 12 V.S.A. § 5133. Stalking is when someone, either directly or indirectly through a third party, purposefully and repeatedly (2 or more times) follows, monitors, surveils, threatens, makes threats about you or interferes with your property. The Stalker must know or should know that their actions would reasonably cause the victim to: fear for his or her safety or the safety of a family member; or su ..read more

An RFA is a civil court document that intends to stop violent, harassing and threatening behavior by  preventing the abuser from having contact or communication with the victim. 15 V.S.A.  § 1101. Domestic Assault is a criminal charge that is defined as: “Any person who attempts to cause or willfully or recklessly causes bodily injury to a family or household member or willfully causes a family or household member to fear imminent serious bodily injury.” 13 V.S.A. § 1042. When Do Relief From Abuse Orders and Domestic Assault Charges Overlap? If someone is charged criminally ..read more

In Vermont, child custody agreements are called Parental Rights & Responsibilities (PR&R) orders. You can always consult an attorney if you have questions about child custody related issues. Here are some basic things you’ll want to consider, prior to entering into a PR&R agreement. Such an agreement can alleviate stress and create a predictable schedule and routine for you and your child. The Court will require evidence to make its decision about child custody issues including parental rights and responsibilities. This evidence could include your testimony about what y ..read more

When Vermont DCF gets involved with your family, it can be nerve-racking for everyone. If DCF starts a court case involving you and your family, you can become incredibly uncertain about what will happen next. You always have a right to consult with an attorney. If you have any questions, you should give us a call. A court case involving DCF is complex and has many stages. However, below is a good run down of what to expect in such a case. Vermont DCF Court Case Phases Petition A DCF investigator or family support worker writes up an affidavit and provides it to the State’s Attorne ..read more

Being involved with DCF and/or a CHINS court case can be extremely stressful for families. Those involved should absolutely speak with a defense attorney as soon as possible. Here are some common questions answered about DCF and CHINS cases. 1. What Is a DCF / CHINS Court Case? The Department for Children and Families (“DCF”) is the state agency responsible for investigating allegations of harm or risk of harm to children in Vermont. There are times where DCF investigators and law enforcement officers jointly investigate allegations of harm to Children. However, DCF does handle investigat ..read more

In Vermont, you can apply for a “sexual assault or stalking protective order,” which is what is commonly referred to as a “Restraining Order.” The sexual assault or stalking protective order is an order from the court which is used to stop violent, harassing and threatening behavior from a non-family or household member. First, determine if this order is right for you. If it is, follow our tips for filing a sexual assault or stalking protective order. Do you Qualify for a Sexual Assault or Stalking Protective Order? Any person who is NOT a family or household member may seek relief from ..read more

If you have been served with a Vermont Relief from Abuse Order, or with a notice of hearing, you are the Defendant. You should immediately contact an attorney at Burke Law to review the temporary RFA and ensure that you are following all the conditions. A violation of even a temporary RFA can result in criminal charges so it is very important that you follow the conditions. You should be provided with a hearing date along with the temporary RFA. This hearing will determine if the temporary RFA becomes a final order and what the conditions and length of the RFA will be. Before the hearing da ..read more

What is a Stalking Protective Order? A Stalking Protective Order is a civil court order, which protects a victim from someone who is NOT a family or household member who has stalked the victim. 12 V.S.A. § 5133. Stalking is when someone, either directly or indirectly through a third party, purposefully and repeatedly (2 or more times) follows, monitors, surveils, threatens, makes threats about you or interferes with your property. The Stalker must know or should know that their actions would reasonably cause the victim to: fear for his or her safety or the safety of a family member; or su ..read more