Benson v. Muscari

Although I generally agree with the majority that the evidence in this case is sufficient to support the family court’s order, I part company on the adequacy of the findings. The majority defends the findings as adequate under the circumstances, establishing a rule that essentially eliminates the requirement of findings in abuse prevention cases, because they are inconsistent with a policy of “inexpensive and uncomplicated proceedings that allow an abused family member to obtain immediate relief.” Rapp v. Dimino, 162 Vt. 1, 4, 643 A.2d 835, 837 (1993). Ironically, we are administering in this…