Protective Orders
A protective order is an order from the court which protects someone from being physically or sexually abused, threatened, or stalked. In other states, these kinds of orders may be called restraining orders, orders of protection, orders against abuse, or no contact orders.
There are 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.
If a person violates a protective order they can be arrested and charged with a crime.
This page describes each type of protective order, who may ask for one, what kind of protections an order could provide, and links to web pages providing forms and more information about each process.
If you are in immediate danger, call 911.
Not finding what you're looking for?
Call or email the Access and Resource Center at 802-879-1185 or selfhelp@vtcourts.gov.
Where to File
These cases are filed in the Family Division of the Superior Court:
You can apply for these kinds of orders 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 one of these kinds of orders submitted during court business hours must be filed 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.
These cases are filed in the Civil Division of the Superior Court:
You can ask for an order against stalking during court business hours: Monday - Friday, 8:00 am - 4:30 pm.
You can ask for an order against sexual assault at any time, including nights, weekends, and holidays.
Filing During Business Hours - Order Against Sexual Assault
Court business hours are Monday - Friday, 8:00 am to 4:30 pm. An application for one of these kinds of orders submitted during court business hours must be filed by 4:15 pm in order to be processed before the court closes.
Filing After Hours - Order Against Sexual Assault
Call the Judiciary’s after-hours number to apply for an order when the courts are closed: 800-540-9990.
A version of this information is also available as a chart in a PDF document.
Types of Protective Orders
The types of protective orders are described below, including who can ask for the order and what may be included in the order.
You can also navigate directly to the web pages which describe the process and provide forms by following these links:
Relief From Abuse Order (RFA) | Order Against Stalking | Order Against Sexual Assault | Relief From Abuse (RFA) for Vulnerable Adult |Extreme Risk Protection Orders
Relief From Abuse Order (RFA)
Who can ask for the order?
You can ask for an RFA order if a family or household member has abused you or your children.
A request for an RFA order is filed in the Family Division of the Superior Court.
A household member includes:
- Someone you live with or used to live with.
- Someone you are in a sexual relationship with, or used to be in a sexual relationship with.
- Someone you are dating or used to date.
Abuse includes:
- Tried to cause harm
- Caused physical harm
- Made you afraid of imminent physical harm
- Child abuse
- Stalking
- Sexual assault
- Coercive controlling behavior (see the Relief from Abuse web page for a definition)
You can ask for an order for yourself and your minor child, or for an order just on behalf of your minor child. Anyone 16 or older can file a request on their own behalf.
What may be included in the order?
- No abuse
- Stay away
- No contact
- No firearms
- No stalking or sexual assault
- Vacate residence
- Stay away from residence
- Custody of children
- No cruel treatment of pets
- Temporary possession of pets
- Possession of personal property
- Return personal documents
- Temporary possession of vehicle
- Require defendant to take a domestic violence accountability program
Who can ask for the order?
You can ask for an order against stalking if someone other than a family or household member has stalked you or your children. For example, the person is a friend, a co-worker, a classmate, a casual acquaintance, or a stranger.
A request for an order against stalking is filed in the Civil Division of the Superior Court.
Stalking is when a person:
- follows, monitors, surveils, threatens you or another person, or interferes with your property. There must be at least 2 incidents. Calling you names or telling lies about you is not stalking.
- uses an electronic tracking device to surveil you or your online activity continuously for 12 hours or more without your authorization.
The behavior must be serious enough that a reasonable person would fear for their physical safety or the safety of a family member, or it would cause them to suffer substantial emotional distress.
Substantial emotional distress can by evidenced by:
- fear of unlawful sexual conduct, unlawful restraint, bodily injury or death, or
- significant modifications in your actions or routines, including moving from an established residence, changing established daily routes to and from work that cause a serious disruption in your life, changes to your employment or work schedule, or the loss of a job or time from work.
Stalking can include phone calls, mail, email, social media comments, faxes, and written notes.
You can ask for an order for yourself, or for an order on behalf of your minor child. Anyone 16 or older can file a request on their own behalf.
What may be included in the order?
- Stay away
- No contact
Who can ask for the order?
You can ask for an order against sexual assault if someone other than a family or household member has sexually assaulted you or your children. For example, the person could be a friend, a co-worker, a classmate, a casual acquaintance, or a stranger.
A request for an order against sexual assault is filed in the Civil Division of the Superior Court.
Sexual assault includes these criminal acts, and the person asking for protection was the victim:
- Lewd and lascivious conduct
- Lewd and lascivious conduct with a child
- Sexual assault
- Aggravated sexual assault
- Using a child in sexual performance
- Consenting to a sexual performance by a child
You can ask for an order for yourself, or for an order on behalf of your minor child. Anyone 16 or older can file a request on their own behalf.
What may be included in the order?
- Stay away
- No contact
Relief From Abuse (RFA) for Vulnerable Adult
Who can ask for the order?
A vulnerable adult can make the request, or an interested person can make the request on behalf of a vulnerable adult. Interested persons include:
- An agent of the vulnerable person acting under a power of attorney or an advanced directive
- A court-appointed guardian
- Adult Protective Services
- Department of Disabilities, Aging, and Independent Living (DAIL)
A request for an RFA order for a vulnerable adult is filed in the Family Division of the Superior Court.
See the Relief from Abuse, Neglect, or Exploitation of a Vulnerable Adult web page for definitions of vulnerable adult, abuse, neglect, and exploitation.
What may be included in the order?
- No abuse, neglect or exploitation
- Stay away
- No contact
- No threatening, assaulting, molesting, or interfering with personal liberty
- No firearms
- Vacate household
- Stay away from residence
- No following
Extreme Risk Protection Orders
Who can ask for the order?
You can ask for an ERPO if you believe a family or household member poses an imminent and extreme risk of harming themselves or others.
A request for an ERPO is filed in the Family Division of the Superior Court.
What may be included in the order?
Temporarily prohibits them from buying, having, or receiving firearms or explosives.