House amends H27 to add coercive controlling behavior to civil abuse orders

Montpelier — The Vermont House advanced House Bill 27 on Jan. 10 after the Judiciary Committee recommended amendments to add coercive controlling behavior to the civil definition of abuse used in relief-from-abuse proceedings.

A committee reporter told members that H27 expands the definition of abuse for civil protection orders to include coercive controlling behavior defined as a pattern of conduct that recklessly causes or has the effect of causing a reasonable person to fear for safety or to suffer substantial emotional distress. The committee emphasized that the change applies only to civil protection orders and does not alter criminal definitions related to domestic assault.

The committee outlined current process protections: a litigant can request an ex parte temporary order and the court must hold a hearing within 14 days; the plaintiff bears the burden to prove abuse by a preponderance of the evidence. The bill would take effect July 1, 2024, to allow the judiciary time to update forms and training materials.

Committee members noted data showing domestic violence accounts for a large share of violent calls to law enforcement and cited Vermont’s Domestic Violence Fatality Review Commission findings in support of stronger civil protections. The House voted by voice to amend the bill as recommended by the Judiciary Committee and ordered third reading.