Vermont H 628: An act relating to amending a birth certificate to reflect gender identity

Bill Text

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H.628 1
Introduced by Representative Arsenault of Williston 2
Referred to Committee on 3
Date: 4
Subject: Domestic relations; abuse prevention 5
Statement of purpose of bill as introduced: This bill proposes to permit the 6
court to issue an order of protection against a defendant who has abused the 7
plaintiff and is currently under the supervision of the Department of 8
Corrections and to issue an order that the defendant continue to pay household 9
bills for which the defendant was responsible at the time the plaintiff requested 10
the order for a fixed period of time. 11
An act relating to domestic abuse orders of protection 12
It is hereby enacted by the General Assembly of the State of Vermont: 13
Sec. 1. 15 V.S.A. § 1103 is amended to read: 14
§ 1103. REQUESTS FOR RELIEF 15
(a) Any family or household member may seek relief from abuse by 16
another family or household member on behalf of themselves or their children 17
by filing a complaint under this chapter. A minor 16 years of age or older, or a 18
minor of any age who is in a dating relationship as defined in subdivision 19
1101(3) of this chapter, may file a complaint under this chapter seeking relief 20

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on the minor’s own behalf. The plaintiff shall submit an affidavit in support of 1
the order. 2
(b) Except as provided in section 1104 of this title, the court shall grant 3
relief only after notice to the defendant and a hearing. The plaintiff shall have 4
the burden of proving abuse by a preponderance of the evidence. 5
(c)(1) The court shall make such orders as it deems necessary to protect the 6
plaintiff or the children, or both, if the court finds that the defendant has 7
abused the plaintiff, and: 8
(A) there is a danger of further abuse; or 9
(B) the defendant is currently incarcerated under the supervision of 10
the Department of Corrections and has been convicted of one of the following: 11
murder, attempted murder, kidnapping, domestic assault, aggravated domestic 12
assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, 13
lewd or lascivious conduct with a child, use of a child in a sexual performance, 14
or consenting to a sexual performance. 15
(2) The court order may include the following: 16
(A) An order that the defendant refrain from abusing the plaintiff or 17
the plaintiff’s children, or both, and from interfering with their personal liberty, 18
including restrictions on the defendant’s ability to contact the plaintiff or the 19
plaintiff’s children, or both, in any way, whether directly, indirectly, or through 20
a third party, with the purpose of making contact with the plaintiff, including in 21

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writing or by telephone, email, or other electronic communication, and 1
restrictions prohibiting the defendant from coming within a fixed distance of 2
the plaintiff, the children, the plaintiff’s residence, or other designated 3
locations where the plaintiff or the plaintiff’s children are likely to spend time. 4
(B) An order that the defendant immediately vacate the household 5
and that the plaintiff be awarded sole possession of a residence. 6
(C) A temporary award of parental rights and responsibilities in 7
accordance with the criteria in section 665 of this title. 8
(D) An order for parent-child contact under such conditions as are 9
necessary to protect the child or the plaintiff, or both, from abuse in accordance 10
with section 665a of this title. An order for parent-child contact may, if 11
necessary, include conditions under which the plaintiff may deny parent-child 12
contact pending further order of the court. 13
(E) If the court finds that the defendant has a duty to support the 14
plaintiff, an order that the defendant pay the plaintiff’s living expenses for a 15
fixed period of time not to exceed three months. 16
(F) An order that the defendant continue to pay household bills for 17
which the defendant was responsible at the time the plaintiff requested the 18
order for a fixed period of time. 19
(G) If the court finds that the defendant has a duty to support the 20
child or children, a temporary order of child support pursuant to chapter 5 of 21

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this title, for a period not to exceed three months. A support order granted 1
under this section may be extended if the relief from abuse proceeding is 2
consolidated with an action for legal separation, divorce, or parentage. 3
(G)(H) An order concerning the possession, care, and control of any 4
animal owned, possessed, leased, kept, or held as a pet by either party or a 5
minor child residing in the household. 6
(H)(I) An order that the defendant return any personal documentation 7
in the defendant’s possession, including immigration documentation, birth 8
certificates, and identification cards: