Asking for an Order Against Sexual Assault
If someone has sexually assaulted you or your minor children (under the age of 16), you can file a request in the Civil Division of the Superior Court for an order to protect you. The order can require the person stay away from you, your minor children, or both, and may make other orders necessary to protect you, your minor children, or both, from the person. A minor 16 or older can make a request on their own behalf.
The person asking for the order is the plaintiff. The person the order would be against is the defendant.
Get Help
If you are in immediate danger, call 911.
Filing Hours
You can apply for an order against sexual assault at any time, even when the courts are closed. This includes nights, weekends, and holidays.
Filing During Business Hours
Court business hours are Monday - Friday, 8:00 am to 4:30 pm. An application for an order against sexual assault must be submitted by 4:15 pm in order to be processed before the court closes.
Filing After Hours
Call the Judiciary’s after-hours number to apply for an order when the courts are closed: 800-540-9990.
Statewide Sexual Violence Hotline
Call the hotline for information about your local sexual violence advocacy group: 800-489-7273. You can also visit the Vermont Network Against Domestic and Sexual Violence website.
988 Suicide and Crisis Lifeline
Call or text the 988 Suicide and Crisis Lifeline or use their chat service 24/7, 365 days a year. The Lifeline will connect you to a live counselor who can provide emotional and mental health support. Counselors are also available if you just need someone to talk to.
Reporting Abuse
Requirements
You can ask for an order against sexual assault from the Civil Division only if the other person is not a family member or someone you have ever lived with, and is not someone you have dated.
- If the person you're seeking protection from is a family member, is someone you have lived with, or is someone you have dated, you do not meet the requirements to ask for an order against sexual assault. You may qualify for a request for relief from abuse order, which is filed in the Family Division of the Superior Court. See the Relief from Abuse web page for more information about that process.
- If the person you're seeking protection from is not a family member or someone you have ever lived with, and is not someone you have dated but they didn't sexually assault you, you may be able to ask for an order against stalking if their behavior meets the requirements for that kind of order. See the Applying for an Order Against Stalking web page for information about the requirements for an order against stalking.
Is this the right kind of protective order for you?
There are several different types of protective orders in Vermont. The main difference is the relationship between the parties, what kind of behavior has occurred, and the court division in which the request is filed. The process also varies.
Not sure which type of protective order is right for your situation? The Protective Orders web page provides information about each type of protective order, who may ask for one, and what kind of protections an order could provide.
Abusive Litigation
Survivors of domestic violence, sexual assault, or stalking can ask the court for an order to restrict the other party’s ability to file new litigation against them. See the Abusive Litigation web page for more information.
Forms
Find forms to ask for an order against sexual assault at the bottom of this web page. Read about forms generally on the About Court Forms web page.
Not finding what you're looking for?
Call or email the Access and Resource Center at 802-879-1185 or selfhelp@vtcourts.gov.
The person asking for the order is the plaintiff.
The person the order would be against is the defendant.
Sexual assault includes:
- sex without consent, including with threats or by administering drugs (“sexual assault”)
- sex without consent combined with significant violence (“aggravated sexual assault”)
- using a child in sexual performance
- a parent or guardian consenting to sexual performance by a child
- indecent acts with the intent of arousing or gratifying sexual desires (“lewd and lascivious conduct”)
Stay away means the defendant may not knowingly:
- initiate or maintain a physical presence near the plaintiff.
- engage in nonphysical contact with the plaintiff directly or indirectly.
- engage in nonphysical contact with the plaintiff through third parties who may or may not know of the order.
For example, the defendant may not talk to, call, text, mail, email, or use any other form of communication to make contact with the plaintiff. They may not ask other people to give the plaintiff messages from the defendant.
If someone has sexually assaulted you or your minor children (under the age of 16), you can file a request in the Civil Division of the Superior Court for an order. The order can require the person stay away you, your minor children, or both, and may make other orders necessary to protect you, your children, or both, from the person.
1. Fill out the required forms
Fill out the forms in one of these ways:
- Download and complete the fillable PDF forms listed at the bottom of this web page.
- Print the forms from the bottom of this web page and fill them out.
- Pick up the paper forms at the courthouse from the Civil Division.
2. File the completed forms
There is no fee to ask for an order against sexual assault.
File your completed forms with the Civil Division of the Superior Court. You can file in person at the courthouse, by email, or by mail. See the Filing Procedures web page for information about filing options and requirements.
You can apply for an order against sexual assault at any time, even when the courts are closed. This includes nights, weekends, and holidays. The courts are open Monday - Friday, 8:00 am to 4:30 pm. Call the Judiciary’s after-hours number to apply for an order against sexual assault when the courts are closed, including nights, weekends, and holidays: 800-540-9990.
3. The judge makes a decision
The judge will review your request and decide whether your situation meets the requirements for a temporary emergency order against sexual assault.
If the judge issues a temporary emergency order:
- A hearing will be scheduled.
- The complaint, affidavit, hearing notice, and temporary order will be given to law enforcement.
- They will give the papers to (serve) the defendant.
- The temporary order is not in effect until the defendant is served.
If the judge doesn't issue a temporary emergency order and you want to pursue your request:
- File an Intent to Pursue or Withdraw Complaint - Sexual Assault (form 100-00251SA) within 5 days. The court will schedule a hearing.
- The complaint, affidavit, and hearing notice will be given to law enforcement.
- They will serve the order on the defendant.
- No court order is in place.
If the judge doesn't issue a temporary emergency order and you don't want to pursue your request:
- File an Intent to Pursue or Withdraw Complaint - Sexual Assault (form 100-00251SA) within 5 days, or do nothing.
- The court will close the case.
- The defendant won't get a copy of the complaint and affidavit you filed.
The hearing may be held in person or remotely.
You are responsible for making sure your witnesses attend the hearing. File any exhibits (evidence) – such as documents, photos, or videos – with the court before the hearing. Video, audio, and photo exhibits must be filed in the Vermont Digital Evidence Portal (VDEP). Email itsupport@vtcourts.gov for VDEP help.
Visit the Going to Court web page for more information about getting ready for your hearing. At the hearing, ask the judge to consider what you have filed. They will decide if the exhibits meet the requirements for proper evidence. They may decide some of the exhibits you filed can't be considered as evidence.
The judge will hear testimony and decide whether to issue a final order against sexual assault.
- If the judge issues a final order, it will be for a specific period of time. The order will say how long it will be in effect.
If the defendant is not at the hearing, law enforcement will serve the order on the defendant. - If the judge doesn't issue a final order, the temporary order will end and the case will be closed.
If an order against sexual assault is issued, the defendant may be forbidden from contacting you in any way, including by email, text, mail, phone, or some other method. The defendant may also be ordered to stay away from you.
If the defendant does contact you in violation of the order, they could be arrested. The police and the prosecutor decide what action to take if this happens.