Restraining Orders

For the purposes of getting this type of order, Vermont defines the terms as follows:

Abuse means:

• a medical treatment or other action that does either of the following things, either on purpose or carelessly:
  
  • endangers the vulnerable adult’s life, health, or welfare; or
  • is likely to hurt the vulnerable adult’s health;
• behavior that unnecessarily causes harm, pain, or suffering to the vulnerable adult, whether it was done on purpose or carelessly:
• confinement, isolation, or restraint of the vulnerable adult;
• interference with the vulnerable adult’s freedom of movement, unless it is necessary to protect them or others;
• any sexual activity or acts with anyone when the vulnerable adult does not or cannot consent;
• actions that cause serious emotional or psychological distress to the vulnerable adult;
• giving or threatening to give a drug or other substance to the vulnerable adult that is not a legitimate medical or therapeutic treatment;
• withholding necessary:
  
  • medication;
  • care;
  • medical equipment; or
  • treatment; or
• causing a vulnerable adult to ask for or agree to get or not get treatment by:
  
  • lying;
  • force;
  • threat;
  • undue influence;
  • harassment;
  • duress; or
  • fraud.¹ 

Neglect happens when a caregiver fails to do something that results or could result in physical or psychological harm. The failure can be either careless or on purpose. This includes a failure to:

• provide care, goods, or services that are necessary to maintain the vulnerable adult’s health or safety, including:
  
  • food;
  • clothing;
  • medicine;
  • shelter;
  • supervision; and
  • medical services, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive;
• try to protect the vulnerable adult from abuse, neglect, or exploitation by others;
• carry out a plan of care for the vulnerable adult, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive; or
• report significant health changes to the vulnerable adult’s medical professional, if the caregiver works for an organization that provides personal care.² 

Neglect does not include any actions the vulnerable adult takes themselves.² 

Exploitation means doing any of the following to a vulnerable adult:

• using, taking, moving, or spending the vulnerable adult’s money or property on purpose and without permission;
• getting, sharing, or using the image, likeness, personal accounts, or documents of the vulnerable adult without permission;
• breaching a legal duty owed to the vulnerable adult by:
  
  • a guardian;
  • an agent; or
  • someone else who has a legal duty (fiduciary);
• getting or trying to get or control the vulnerable adult’s money or property through:
  
  • lies;
  • force;
  • threat;
  • undue influence;
  • harassment;
  • coercion; or
  • fraud;
• refusing to return money or property when the vulnerable adult or their representative asks for it;
• purposely not using the vulnerable adult’s money or assets to support the vulnerable adult; or
• pressuring or convincing the vulnerable adult to work without enough pay in order to benefit someone else.³ 

¹ VT ST 33 § 6902(1)
² VT ST 33 § 6902(21)
³ VT ST 33 § 6902(13)