Vermont v. Waters

The complainant in this case and defendant Tyler Waters lived together for several years and have a minor child together. After they broke up, complainant got a relief-from-abuse (RFA) order against defendant. A 2009 modification of the final RFA order was based on findings that defendant had abused complainant, there was a danger of further abuse, and defendant represented a credible threat to complainant’s safety. The order prohibited defendant from, among other things, abusing, threatening, stalking, or harassing complainant. It prohibited defendant from communicating or attempting to communicate directly or indirectly with complainant, except that it specifically stated, "[d]efendant may have contact by telephone only." Complainant reported to the police that due to the volume of communications from defendant she felt "harassed, bullied, and made to feel guilty." The State charged defendant with violating the RFA order. Specifically, the State alleged that defendant had violated the prohibition against harassing complainant. The ultimate issue before the Supreme Court in this case was whether it was plain error for the trial court to instruct a jury that it could convict defendant for violating an abuse-prevention order prohibiting him from harassing petitioner if it concluded that he engaged in conduct that would cause a reasonable person to be "annoyed, irritated, tormented or alarmed." The Supreme Court concluded that the instruction was plain error, and that the evidence presented at trial could not support a conviction for violating the abuse-prevention order, as worded. View "Vermont v. Waters" on Justia Law