Senate approves judiciary amendment to allow after-hours emergency orders against assault; third reading ordered

The Vermont Senate on Feb. 10 amended S.9 to permit people to obtain emergency protection orders against assault outside regular court hours and ordered the bill to third reading.

The amendment, recommended by the Senate Judiciary Committee, directs the court administrator to establish procedures ensuring after-hours access to orders against assault and to designate an authorized person to receive requests submitted after regular court hours, including by reliable electronic means. The amendment allows an applicant’s affidavit to be sworn or affirmed by oath administered over the telephone and authorizes a judicial officer to decide whether to issue an order based on the affidavit communicated telephonically or by reliable electronic means. If issued, the order will be delivered to the appropriate law enforcement agency for service. The bill sets an effective date of Sept. 1, 2025, to allow the courts to establish procedures and staffing to implement the changes.

“For survivors in congregate settings, this will make people feel safer,” said the Senator from Addison, thanking the Judiciary Committee for moving the measure and for resolving technical language after last year’s introduction. The Senate Judiciary Committee, reporting through the Senator from Franklin, said advocates and court officials supported extending after-hours access for assault protection orders in the same manner domestic violence emergency orders are now available.

Committee testimony cited differences in petition volume: in February 2024 there were about 1,354 petitions for stalking orders compared with roughly 32 petitions for assault protection orders; advocates asked to limit added after-hours access to assault orders at this time. The committee report said the process for after-hours requests would mirror that used for emergency domestic violence orders and emphasized that the civil protection process is separate from any criminal investigation or prosecution.

The Judiciary Committee reported S.9 out of committee with a 5-0-0 vote and recommended amendment pages 21–22 of the session calendar. The Senate then voted by voice to adopt the committee’s amendment; the presiding officer declared “the ayes have it.” The Senate subsequently ordered the bill read a third time.

The committee record shows testimony from the BRP project director of Vermont Legal Aid, legislative counsel, the Vermont Network Against Domestic and Sexual Violence, the chief superior judge of the Vermont judiciary, representatives of the Department of Public Safety, and offices of the defender general and juvenile defender general. The amendment text (as summarized in the committee report) limits the expansion to orders against assault and does not extend after-hours access to orders against stalking.

The amendment specifies that temporary emergency protection orders issued under the statutes are civil, may be effective for 10 days pending a final hearing, and that a criminal charge is not required to obtain a civil protection order. The bill’s Sept. 1, 2025 effective date is intended to allow courts to put procedures and staffing in place before after-hours processing begins.