Vermont 2023-2024 Regular Session

Vermont House Bill H0045

Introduced
1/12/23  
Refer
1/12/23  
Engrossed
2/2/23  
Refer
2/7/23  
Report Pass
5/3/23  
Report Pass
5/4/23  
Enrolled
5/9/23  
Enrolled
5/12/23  

Caption

An act relating to abusive litigation filed against survivors of domestic abuse, stalking, or sexual assault

Impact

The passage of this bill would introduce substantial changes to existing state laws regarding litigation and protective orders. Courts would be empowered to issue orders that restrict a perpetrator's ability to file legal actions against the victim, provided that the criteria set forth in the bill are met. This is expected to alleviate the burden on survivors who might otherwise face repeated legal harassment from their abusers, thereby contributing to their overall emotional and psychological well-being. Additionally, it establishes a rebuttable presumption in court that certain types of litigation initiated by abusers are primarily for the purpose of harm, streamlining judicial determinations in these cases.

Summary

House Bill H0045 aims to create specific legal measures against abusive litigation that is initiated by perpetrators of domestic abuse, stalking, or sexual assault against their victims. The bill defines 'abusive litigation' and establishes a framework for victims to request court orders to restrict such actions. This legal framework is designed to safeguard survivors from further harassment and to streamline the judicial process associated with dealing with abusive litigants, thereby enhancing the court's ability to protect vulnerable individuals.

Sentiment

Overall, the sentiment surrounding H0045 appears largely positive, particularly among domestic violence advocacy groups and legislators supporting the protection of survivors. Proponents argue that the bill is a necessary and overdue means of improving the legal protections for those affected by domestic violence and related crimes. However, there may also be concerns around the implementation of such measures and potential unintended consequences that could arise from overly broad interpretations of what constitutes abusive litigation.

Contention

Notably, there could be contention regarding the definition and proof of 'abusive litigation,' particularly in cases where the motivations behind filings may be disputed. Some legal experts and potential opponents may worry that the bill could lead to potential abuse of the judicial system if misapplied, where legitimate legal grievances could be dismissed as frivolous or abusive. The challenge will be to implement the provisions in such a way that enables the protection of genuine victims while not hindering lawful legal actions.

Companion Bills

No companion bills found.

Previously Filed As

VT S0028

An act relating to abusive litigation filed against survivors of domestic abuse, stalking, or sexual assault

VT S0214

An act relating to emergency orders against stalking or sexual assault

VT HB1533

Protecting survivors of domestic abuse from abusive litigation.

VT S0009

An act relating to after-hours access to orders against sexual assault

VT HB1965

Relating To Abusive Litigation.

VT SB2604

Relating To Abusive Litigation.

VT H5883

Abusive Litigation

VT S0604

Courts -- Abusive Litigation

VT SB01502

An Act Concerning Sentence Reduction Or Relief For Survivors Of Domestic Violence, Sexual Assault, Stalking Or Human Trafficking.

VT AB1493

Tenancy: victims of domestic violence, sexual assault, stalking, human trafficking, or elder abuse.

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