Raynes v. Rogers, 183 Vt. 513 (2008)

In Raynes v. Rogers, the parties lived together for approximately six years. Following their separation, the plaintiff moved out, and the parties had a dispute regarding the ownership of some belongings and animals. On one occasion, the plaintiff went to the defendant’s house for dinner, and they got into an argument. The plaintiff picked up the defendant’s small dog and took it with her to leave. This led to the defendant kicking the plaintiff’s car door and using physical force against her to recover the dog. The plaintiff obtained an emergency abuse prevention order. At the hearing for that order to become permanent, the defendant admitted that he chased the plaintiff, grabbed her, kicked the door of her car, and hit her in the face. The defendant also began to call the plaintiff and monitor her. The family court determined that this warranted the plaintiff to be in fear of further harm. The defendant argued that he used reasonable force to protect his dog, as the dog belonged to him. The Court rejected this argument and found that the common-law defense of property is irrelevant in the determination of whether a victim needs protection from abuse.

Topics

• Domestic and intimate partner violence

Geographical location

• North America
• United States
• Vermont

Keywords

• family law
• division of property
• use of force
• order of protection

Year

• 2008

External URL

• Raynes v. Rogers, 183 Vt. 513 (2008)

Court

• Vermont Supreme Court

Type

• Domestic Case Law

Jurisdiction

• Vermont