me and him argued and then he punched me in the hallway and it who punched you in the hallway your boyfriend my ex boyfriend but you're still arrested I'm trying to protect my kid incident domestic assault response Vermont USA date unknown from footage location Chittenden County area Vermont agencies local Vermont law enforcement Chittenden County Court hello what's going on so I I'm staying here at the Seabird Motor Inn my ex boyfriend was living with his parents over at the Quality Inn he contacted me knew I was here and I'm not supposed to have any guests there so I didn't call the police earlier because yeah I can't get down to there of these guys right so but like 11 o'clock last night he was like either you're letting me in or I'm gonna cause a scene so I was like okay let you in because you can't lose your job for the kids yeah so I let him in this probably gonna be too much information but I woke up at like 3:30 to him masturbating in the bed and I woke up and I was upset and I was like can you not do that that's really disrespectful yeah and I kept crying and he's said because I kept crying punched me in my back three times I'm not sure if you can see any marks or not but it was my whole spine alright and then um he took my phone I was able to wrestle my phone back from him but as I ran to the bathroom with my phone and the kids he took my shoes my phone cord the $1 I have in change yeah and my lighter okay so I walked to the Quality Inn yeah that way I could have shoes on my feet right I walked there because that's where his parents live and I was like I need my stuff I knocked on the door and everything he threw all the stuff at me which was good um I was and I was like can I have a key to the room because I couldn't couldn't find it when he left so I took it because I mean took everything else already so then I walk I walked down with Polly and I was at the door his dad told me to get the out of here he's gonna me yeah back me into the corner and then his dad said walk that downstairs me and him argued and then he punched me in the hallway and it who punched you in the hallway your boyfriend my ex boyfriend OK yeah and then it snapped my glasses and I and busted up my face a good number okay then I walked this way because I would just wanted to get away from him yeah I tried to call 9 1 1 but he followed me so I kept hanging up so that way he didn't no I was calling the police yeah and we have a Protection order out of New Hampshire right so I just don't know what to do I just called you guys I just can't get kicked out of here right I have these two and yeah his dad is saying that he's gonna call them to get me kicked out and all right um I'm having the worst day of my life yeah I'm sorry I'm sorry you're going through this buddy buddy no do you want rescue no I mean it should be okay I don't think it needs stitches alright it bled a little bit but I stopped at Dunkin Donuts for a water which they ever so nicely gave me cause I was gonna give them my dollar yeah but and then I grabbed some napkins so that way I could yeah it's not bleeding so much anymore alright do you wanna go into your room and so I can grab grab a statement and uh yeah I just don't want to get kicked out for police presence oh we we come here all the time and okay people don't get kicked out okay I have to not just for me being there I have to get a new cup I have to see if they can open my door cause I can't find the key okay alright and I don't know if anybody's there what room are you in I'm in a 38 okay down back yes okay alright um yeah let's try to get you into your room and see if I can get them to let me inside like I said I don't know where the key is yup I searched them all up and down looking for it but there's no one at home okay I have a feeling Alyssa called you guys yep yep we knew it yeah is justice around yeah I had to send him for a walk okay um I'm his father um we sent for him he was in probation in Jersey yep she has I found a way to get over here yep they have a case in Jersey and she's not supposed to be here yep she's been manipulating the system for over 2 years now alright she's put him on charges false allegations she he to avoid fighting with her he took the probation yep it's been a long saga and every time he tries to stay away from her she will come from whatever state she's in he was in Jersey and come here follow us alright she's followed us from New Hampshire to New York to New Jersey and now to here that we're here to stay he works here she came with the kids and he told her because of their altercations they're constantly arguing and fighting he told her you can't stay here right this is my job I have you know he stays on property and we took we helped her with the hotel voucher yep she got the room in the t bird and after that she's been coming back and forth back and forth and harassing us since she came last night in the middle of the night left the kids in the parking lot came upstairs banging our door down for him to go back to go to the hotel with her well he was at the hotel before she did that huh no she made she came here last night for him to go with her to the hotel she literally in front of my daughter was like you have to leave with me you can't I'm not leaving unless you do and then what she does is threaten us that she's gonna call the police yep and this is what she does every single time and all we're trying to do is not be involved in her her insanity she's mentally disabled she's bipolar whatever she is but she's manic and then she does these things and she's constantly like causing controversy I don't know what she told you but I'm letting you know a little bit of context so can you get in touch with justice cause I need to talk to him where is justice did he go to the store yeah you sent them but I let that little this one oh he didn't go there OK he didn't go no OK I know where he's at I thought you were in my truck dude you don't even need to talk to me bro but here I want you to see the texts that she's been texting me I told her to stop well I'll report and look at she's harassing you see like I'll it's like this is gone going yeah like this is ridiculous I keep asking her to stop every time she goes like that yeah you ain't gonna listen y'all gotta fix this I keep telling you this get all the Protection just how old are you I'm 23 okay can I talk to you over here in private what happened last night so I came here to go to my parents because I've got there's auto protections against me and I'm not supposed to be around her so I've been trying to flee from her she keeps she follows me any state I go yeah I from New Hampshire Jersey here multiple times yeah was knocking on the door banging she literally came in there was saying that she was gonna call the cops if I didn't go with her to the hotel she's staying at so at this point I'm in a catch I've been in a catch 22 because I'm scared of for my freedom because I'm currently on probation I'm trying to get it transferred out here because I just told my PL yeah I'm going out with my going over with my mom because things have been going on and out in Jersey I was struggling financially yeah and I can't really do nothing on the street yeah so I came back to my parents she followed yesterday she was basically manic pretty much threatening me with all kinds of different things that if I didn't go with her and spend the night with her I'd get arrested yeah and she'd call the cops and violate me for my probation that those were her words yeah and then it transferred into this morning as well and so what happened last night when she did that did you went to the hotel I walked with her and I tried to leave she followed again and literally called 9 1 1 and was like I'm going to get you arrested if you don't go with me so I did what I was I was scared of losing my freedom so I went with her last night I left around 5 in the morning yeah because she had told me she she I thought she was done because she had told me she didn't want to deal with me anymore she was done and she wanted me to leave so I thought that was my that was my free ticket out yeah so I came over here and I was I got back to the room and not even 20 minutes later she's knocking on the door saying I stole from her yeah saying I took her room key this that this finding any and every excuse to make me come out with her saying that I need to help her with the kids this that this and like I'm telling you I have probation I can't be around her or the kids that's in literally on the release papers they gave me when I went to court it literally says you cannot be within 200 feet of Alyssa I mean it sucks that I have to stay away from my kids but I'm trying to do this for my freedom how does she get the Mark on her eye in the broken glasses that I don't know I know there I know there was more a moment where she was gripping up on me and I know I shoved her arm off of me in the hallway and on the way out like right by the door yeah and then other than that it was it was mostly just me having to follow her with her threatening cops and this that this and then she's saying and then she was telling him that I hit her this a bunch of other things saying that she's gonna get me arrested if he doesn't tell me I need to go with her and all this stuff and I'm I'm just like what am I supposed to do I'm scared of my freedom at this point you don't mind if I come in no go ahead all right and I am recording just so you know that's fine just so you know I did say it was a massive yeah yeah thank you very much nobody is there all right yeah thanks so are the children his or yes the children are his OK yeah and this all occurred in front of the children unfortunately yeah how did he find out that you were here have you guys been maintaining contact we have been talking yes yeah OK yeah does the p R O allow for contact in regards to the children no it does not okay no it does not um in New Hampshire you are allowed to unfortunately the way their law set up is kind of stupid it where I am allowed to contact him me and him had been in contact with each other cause he I believe the dumbass promised of I'm gonna do better yeah it won't happen again yeah so the TRO allows you to contact him but he can't contact you correct yeah it's it's sort of the same way here yeah I don't know how yeah when we issue the restraining order it you know and he has and he has bail orders out of Jersey okay so he's for the same type of stuff yeah alright smashed my car windshield okay so are you here on a voucher or I am here on a voucher that's why I was so worried about you coming in here yeah through Economic Services yes if you wanna have a seat and there's the statement for just tell me what happened alright so I'm gonna have like I asked our dispatch to reach out to our outreach team so I'll fill them in when they call they're they come on at uh 8:30 OK um so if you get a knock on the door it's gonna be one of them we're gonna go down and try to pick justice up and if he runs a arrest warrant will be put out for you um I just looked up steps for mont s t E P s yeah they said to call the hotline back they said to call my best friend and see if he'll let me stay yeah yeah um and also reach out to economic services and see I think they might be open now or at 8:30 see if they can place you somewhere else because you were just a victim of domestic violence this morning I'm only supposed to be here for a week is like a trial run yeah so I'm gonna see if uh if you can't get to New Hampshire reach out to them and get you out of the area yeah yeah yeah because if he does run it's too walkable yeah right it's too walkable right 45 is I think it's a 45 minute walk yeah if you run it half that alright so I have your phone number so I'll reach back out to you after everything gets said and done okay okay thank you alright so there's a there's a restraining order in place correct yes she's OK stop I mean no no I'm sorry you guys are talking over me we're gonna stop right now so there's a restraining order in place correct yes he's the defendant in that restraining order correct and she keeps coming out here wait hold on and he and he spent time with her yesterday correct well I don't know that part well she came over here last night and forced him to leave with her so he left with her correct he had no choice no he did have a choice he's in violation of the order so what were we supposed to do call us call us that's what I'm saying my job too but I got cameras don't worry the cameras like the video so here it is it doesn't matter if there's cameras if they laugh together if she came it doesn't matter that's crazy it doesn't matter so the the defendant has no rights underneath these these Protection order even if she's the one that constantly violates the Protection order that doesn't make sense doesn't make any sense can I ask one question yeah can I get a Protection order for my job and my my we can trespass against her can we do that can I do that I cannot give you a Protection order you're not no no if I if I could go to court trespass against her and protect ourselves we can trespass her from this place cause I but we're not gonna need we're gonna need to hear from the owners alright so that's the part I got my boss when she get in i'mma talk to she's the maintenance engineer I get that but we gotta hear from the owner or the or the manager of the facility I got you this time I need you to turn around put your hands behind your back this mom OK I checked them for proper fit I'm gonna double lock them so they don't tighten up on me OK you're right I should have called the cops I was scared that she was gonna get me arrested those feel alright I double lock those feel alright on you they're not too tight may I ask why I'm going yeah for domestic assault and violation of your abuse prevention order I didn't assault her though okay well she's claiming that you did she forced me to go okay I'm gonna hang on to your license you want I'm gonna put that right back in there I'll talk to your parents before we get there isn't much you guys can do I'm just gonna get in trouble with Jersey though this is what she wanted she's probably gonna get this to me gonna have a seat so what's gonna happen is you're gonna go back to our office I'm gonna do some paperwork and then I'm gonna bring you to court okay um and you'll have to probably be in the holding area for court for a little while because unfortunately it takes a little while at court okay and then we'll see what goes on from there um you might get released with conditions um part of those will probably be but if but I already have probation so they're probably just gonna keep me correct well Vermont's a little different than New Jersey all right so um so we'll have to see what happens at that point alright alright thank you I'll be right back with you before all of this you hey hey but you're still arrested I'm trying to protect my kid come here come here come here take a breath take a breath OK take a breath he's 23 years old okay but she's abusing him I get that I get that but there's a is there something she can we can do to stop her Protection order in place I understand that what can we do to protect ourselves from her and this we'll get it through we need to hear from management here that you wanna notice a trespass I will help don't worry puppy okay so here's what's gonna happen is we're gonna bring him back to the station we're gonna process him he'll go to court today all right he's on probation okay what's he on probation for for her for her okay because she came to our house she came to where he was resting in Jersey does he have any warrants or anything in Jersey no okay is he trans is he living Jersey yes no he was living here did he transfer his probation let me explain he was living here with us since January but they did not he was dealing with the case in New Jersey we left New Jersey because she went to his aunt's house while he was sleeping busted in the house caused a big fight stalked him and he threw a rock at the car and busted the window to because she he wanted her to stop harassing his aunt's house she called the cops he got in trouble for that and then he came up here while he was dealing with the case the courts knew that he was staying with us he was supposed to have his his probation transferred here what is his transfer here uh domestic assault in violation of his abuse prevention order so she's a piece of work God is so I'mma pray for her because she's evil and she is the one that's the aggressor he's the victim in this I promise you I'm telling you from the bottom of my soul he's the victim in this and if you guys please do like all the numbers I can show you with domestic abuse or not abuse prevention orders our hands are tied I I completely have to follow the law so we've got no we've got no choice we're really in the matter right now all right we are gatherers of facts we're gonna gather all the facts we're gonna send it all up to court okay and with him he'll be in court today he will be in court today it's gonna take me an hour and a half two hours to do the paperwork um I'm getting the I'm trying to get the charging affidavit from New Jersey um and the baby okay he's having a heart attack do you want an ambulance do you have angina or do you take he has heart issues that he's not taking pills being treated for and this girl causes him heart attacks every time she does this this is not his fault I'm promising you this girl is insane and she's using the law to her advantage she's making up allegations she's done this in the past and she's continuing to do it and the law is enabling her and it's not fair because she's using the system to her advantage right now my grandkids are in danger because she he is the sole caretaker she cannot stay with those kids that's what all of this is for because we got her she got into the hotel and we are trying to keep them apart she keeps following us and we're trying to help her and help him to stay away from each other yeah and she still keeps coming yeah and it's like what the hell yeah well unfortunately for justice if he had called us when she showed up I did but she also threatens him and scares him out of it so we're gonna get out of here all right yeah parties Victim Alyssa protected party under nhrsa 173 b Suspect justice age 23 subject of abuse prevention order on Active New Jersey Probation for prior domestic incident charges filed 1 domestic assault 2nd offense 13VSA section 1,044 Class C Felony 2 violation of Abuse Prevention Order 13VSA section 5,133 Arraignment Chittenden County Burlington Vermont mandatory arrest 13VSA section 2,516 a law enforcement officer shall arrest a person if the officer has probable cause to believe that person committed domestic assault within the preceding 24 hours shall not may officer discretion is removed by statute probable cause standard Illinois v Gates 462 U s 2 1 3 1 9 8 3 totality of circumstances test requires only a substantial chance that criminal activity occurred not certainty not proof beyond reasonable doubt three independent pillars satisfied here three pillars of probable cause this incident 1 visible facial injury and broken glasses documented on body cam 2 victims detailed internally consistent statement 3 suspects own admission I know I shoved her arm off of me in the hallway partial admission of physical contact domestic assault elements 13 vsa section 1,043 a person commits domestic assault if they wilfully cause or attempt to cause physical harm to a household member a shove resulting in facial bruising and broken glasses satisfies the physical harm element on its face force reasonableness Graham v Conner 490 U s 3 8 6 1 9 8 9 reasonableness is judged from the perspective of a reasonable officer on the scene applied here a contact force sufficient to produce visible facial bruising is not de minimis it constitutes actionable physical harm under section 1,043 regardless of characterization Protection Order Origin nhrsa 173 b order issued under New Hampshire's Protection of persons from Domestic Violence Statute Defendant Justice Protected Party Alyssa NH Law permitted the protected party to initiate contact the defendant's obligations remain absolute regardless of her actions cross state enforcement 18 USC section 2,265 full faith and credit any Protection order issued by a court of one state shall be accorded full faith and credit by the court of another state the nhrsa 173 b order carries identical enforcement authority in Vermont as any order issued under 15 Avs a section 1,201 one directional obligation 13 v s a section 5,133 a knowing violation of an abuse prevention order is a criminal offence the obligation rests exclusively on the defendant the protected party's initiation of contact does not constitute a defense to the defendant's violation the order runs one way why courts uphold this asymmetry Vermont and NH legislators recognize that protected parties often maintain contact under coercion fear or financial dependency allowing the defendant to use the victim's contact as a defense would nullify Protection orders in the majority of real world DV cases constitutionally upheld under the 14th Amendment second offense escalation 13 VS a section 1,043 versus section 1,044 first offense class a misdemeanor section 1,043 second or subsequent offense class C felony section 1,044 penalty up to 5 years imprisonment plus fine up to $10 0 0 0 prior NJ domestic incident establishes the predicate prior offense Probation Jeopardy Multi jurisdiction exposure Active NJ Probation plus Vermont Felony arrest equals 3 simultaneous legal proceedings 1 Vermont section 1,044 Felony 2 Vermont section 5,133 order violation 3 NJ Probation Revocation a no new charges probation condition makes the arrest alone a reportable violation to the NJ Probation Officer Custodial Arrest Authority Atwater versus city of Lago Vista 532 U S 3 1 8 2 0 0 1 full custodial arrest is constitutionally permissible even for minor misdemeanor offenses Vermont's section 2,516 goes further it mandates arrest upon probable cause eliminating any ad water tight balancing inquiry no discretion remains Scene Detention Authority Michigan v Summers 452 U S 6 9 2 1 9 8 1 officers may lawfully detain individuals on scene incident to a lawful investigation separating and privately interviewing the suspect before effecting the arrest was procedurally sound and consistent with Summer's authority equal Protection basis US Const amend X I v mandatory arrest statutes like 13 v s a section 2,516 are grounded in 14th amendment equal Protection domestic violence victims are entitled to uniform law enforcement response regardless of the accused sympathetic circumstances or family advocacy that's right just had to get it out of the unlock stuff alright step right on out and gonna go towards that green door just we got a bunch of turn in stolen stuff so just watch that right right through here hey come on in right alright and put that on alright you can go ahead and relax yeah I patted it down real quick let me just a pat you down one more time you don't have any guns knives hand grenades nothing like that on you right I'm not supposed to have any sort of weapon yeah alright just go ahead I know I patted you down real quick absolutely but I just want to double check venter there is still my wallet in that yeah yeah I'm just gonna look through that again make sure there's no nothing in there that absolutely can you take your shoes off real quick for me here I'm just gonna put this right out here and I'll stay there for the duration until we go to court then I'll put it back in your pocket alright just turn up up up turn your shoes and lock them alright good you're good we're good alright just hang tight if you need anything give a holler I'm down at the other end of the room but I'll have the camera on so I should be able to see you um you want a cup for water or anything no thanks okay alright like I said it's gonna take just a little bit for me to do my paperwork alright okay so check them for proper fit I'm gonna double lock them so they don't tighten up on you alright thank you welcome good hmm alright comfortable as comfortable can be got your wallet in your pocket yes alright bye please um yeah I'll get you up to Burlington you'll be with me for a while unless I can talk to sheriffs into they have sheriffs there but sometimes they don't take take over custody um thank you yeah I have a Justin Hugo 2nd degree AG domestic did they not have quarters I was on my way to court I got into Burlington and they're like oh it's a in service day this is a set off so then of course it took me like an hour to get in touch with a judge to get conditions so I'm so now unfortunately I'm here with for you guys you all set I think so okay how's your day been I've been dealing with this it's 7 it's 7:30 other than that how's your day oh good thanks the rest defense why it fails defendant's claim victim coerced him into violating the order by threatening to call police under Vermont criminal law the rest requires imminent threat of serious bodily harm fear of arrest does not satisfy the the rest threshold this argument is not a recognized defense to Section 5,133 sentencing aggravators Vermont DV framework at sentencing under section 1,044 courts must consider one history of abuse between parties documented across multiple states two children present during the offense confirmed on record three prior Protection order violations present here children's presence also triggers mandatory DCF report under 33 VSA section 4,912 Vermont mandatory reporting statute lesson 1 legal remedy versus self help the defendant had access to a legal remedy at every point of alleged coercion call police call his probation officer document threats in writing seek a counterprotective order he acknowledged this at arrest I should have called the cops under section 2,516 that mechanism was available to him he did not use it Lesson 2 Protection order compliance is non negotiable a Protection order defendant cannot waive the order's obligations by complying with the protected party's contact the order's criminal enforcement under section 5,133 does not require the defendant to have initiated contact presence alone when prohibited satisfies the offence lesson 3 second offense triggers felony exposure any individual subject to a domestic assault finding conviction plea or prior arrest used as predicate faces automatic felony escalation under 13 VSA section 1,044 upon a subsequent incident this applies even if the prior matter was resolved in another state lesson 4 out of state orders are fully enforceable under 18 USC section 2,265 Protection orders issued anywhere in the US are enforceable in every state with the same force as locally issued orders interstate relocation does not reduce suspend or modify the obligations imposed by an existing Protection order Statutory Framework Summary 13V s a section 1,043 domestic assault first offense Class a misdemeanor 13V s a section 1,044 domestic assault 2nd offense Class C Felony 13 VSA section 5,133 violation of Abuse Prevention Order 13VSA section 2,516 mandatory arrest domestic violence 15AVSA section 1,201 Vermont Relief from Abuse Act nhrsa 173 b NH Protection from Domestic Violence 18 USC section 2,265 full faith and credit for Protection Orders 33 v s a section 4,912 Vermont Mandatory Reporting Children Case Law summary Illinois versus Gates 462 US 2 1 3 1 9 8 3 probable cause standard Graham versus Conner 490 US 3 8 6 1 9 8 9 force reasonableness add water versus Gates city of Lago Vista 532 US 3 1 8 2 0 0 1 custodial arrest Michigan v Summers 452 US 6 9 2 1 9 8 1 seen detention US Const Amend I v warrantless arrest probable cause US Const Amend X I v Equal Protection mandatory arrest basis