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H 628

An act relating to domestic abuse orders of protection

2025-2026 Regular Session Introduced by Angela Arsenault

The bill lets courts issue temporary protective orders for abusers under DOC supervision and requires the defendant to continue paying household bills during the order.

Read first time and referred to the Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 628

Overview

H.628 ( introduced in Vermont for the 2025-2026 session) amends domestic abuse protections to allow a court to issuing a temporary protective order against a defendant who has abused the plaintiff and is currently under the supervision of the Department of Corrections. In addition, the bill authorizes a temporary order requiring the defendant to continue paying household bills for which he was responsible at the time the order was requested. The act takes effect July 1, 2026.

Purpose and intent

  • Expand the circumstances under which a protective order can be issued to include defendants who are incarcerated under DOC supervision and have a history of abuse against the plaintiff.
  • Provide for financial protections for the plaintiff during the protective order period by mandating continued payment of household expenses by the defendant.
  • Offer comprehensive protective relief that can address safety, custody, financial support, and ancillary needs (pets, documents, vehicles, etc.) in a single order.

Key provisions and changes

  • Authority to grant relief: The court may grant relief if it finds the defendant abused the plaintiff and either presents a danger of future abuse or is incarcerated under DOC supervision with qualifying prior offenses (e.g., murder, kidnapping, various forms of domestic or sexual violence, stalking, etc.).
  • Scope of orders: The protective order may include multiple provisions, such as:
    • Refraining from abuse and from contacting the plaintiff or their children (directly or through third parties), with contact restrictions and geographic proximity limits.
    • Immediate vacating of the shared residence and granting the plaintiff sole possession of the home.
    • Temporary parental rights and responsibilities, and conditions for parent-child contact to protect the child and plaintiff.
    • Temporary child support if the defendant is obligated to support the child(ren), for up to three months (extendable if related to a consolidated action for separation/divorce/parentage).
    • Temporary maintenance of the plaintiff’s living expenses by the defendant for up to three months, if the defendant has a duty to support the plaintiff.
    • Continuation of payment by the defendant for household bills the defendant was responsible for at the time the order was sought, for a fixed period not to exceed three months.
    • Temporary orders regarding possession, care, and control of any pets.
    • Return of personal documentation (e.g., immigration documents, birth certificates, IDs) to the plaintiff or the plaintiff’s children as appropriate.
    • Temporary vehicle possession awarded to the plaintiff under specified conditions (ownership, loan responsibility, control, or past restrictions on use).
    • Requirement to complete a domestic violence accountability program approved by the Council on Domestic Violence; failure to complete may result in civil contempt proceedings. Completion is treated as a substantial change in circumstances for purposes of modifying the order, and non-completion can influence whether the order is extended.
  • Duration and extension: Several reliefs are set for a fixed period not to exceed three months, with potential extensions if the proceedings are consolidated with other actions (e.g., legal separation, divorce, or parentage), or if program completion affects modification proceedings.

Who is affected

  • Plaintiffs: Victims of domestic abuse and their children, who may seek relief under this expanded framework.
  • Defendants: Individuals who have abused the plaintiff and are under DOC supervision, including those convicted of listed serious offenses.
  • Households: Household members, including joint occupants and those sharing residences, who may be subject to protective orders, custody arrangements, and financial obligations during the relief period.
  • Children and pets: May be affected via temporary custody/contact provisions and pet-related orders.
  • Domestic violence accountability program participants: The program may be required and outcomes (including non-completion) can impact ongoing orders.

Procedural and timing aspects

  • Filing and proof: A plaintiff must file a complaint and submit an affidavit supporting the order; hearings and notice to the defendant remain standard, with the plaintiff bearing the burden of proving abuse by a preponderance of the evidence.
  • Effective date: The act takes effect July 1, 2026.
  • Contempt and enforcement: Civil contempt procedures apply for non-completion of the accountability program, and program completion is treated as a factor in modifying orders.
  • Scope of relief: The court has broad discretion to tailor protections to safety needs, finances, custody, and ancillary issues as described above.

Notable details

  • The bill explicitly adds a mechanism to require continued payment of household bills for a fixed period (up to three months) when the defendant is abusive and under DOC supervision.
  • It creates a comprehensive set of potential protections within a single order, including housing, finances, child-related provisions, and documentation return.
  • It links accountability program participation to the potential modification of orders, introducing a potential incentive for compliance.

If you’d like, I can compare this bill to existing Vermont domestic abuse orders of protection provisions or provide a side-by-side table of the sections and provisions.

Compiled from official sources — confirm details with the bill’s official record.

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