Poss v. Alarie
Annotate this CaseDefendant Seth Alarie appealed a final relief-from-abuse (RFA) order requested by plaintiff Carissa Poss, his former girlfriend. On February 6, 2023, plaintiff filed a form RFA complaint alleging defendant physically abused and stalked her on two previous occasions. The family division issued a temporary RFA order on that date, and set a hearing for ten days later. Defendant was served with the complaint, both affidavits, the temporary order, and the notice of hearing at 4 p.m. on February 15. Both parties appeared at the hearing pro se. After the hearing, the trial court found by a preponderance of the evidence that defendant had abused and stalked plaintiff. The court issued its findings and conclusions orally from the bench and followed up with a written order prohibiting defendant from, among other things, contacting plaintiff or coming within 300 feet of plaintiff, her residence, place of employment, or car for one year. Represented by counsel on appeal, defendant attacked the proceedings, arguing that due process rights applied to RFA proceedings and that the court violated those rights by holding the hearing after he received less than twenty-four hours’ notice and not granting a continuance for defendant to retain counsel. He argued the trial court violated other due process rights when it did not permit him to cross-examine plaintiff and took testimony outside the scope of the facts alleged in the pleadings. Finding no deprivation of due process nor other reversible error, the Vermont Supreme Court affirmed.
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