En Español
National Domestic Violence Hotline: 1-800-799-SAFE (7233) or (TTY) 1-800-787-3224

Know the Laws: Vermont

UPDATED March 29, 2017

Relief from Abuse Orders

Print this page
View All

A relief from abuse order is a civil order that provides protection from a family or household member.

After the hearing

back to topI was not granted a relief from abuse order. Is there another order I can get?

If you were not granted an relief from abuse order because you are not considered a family or household member of the abuser, you may be able to get a stalking or sexual assault prevention order.  You can only file for a stalking or sexual assault prevention order for yourself or your child if you are filing against someone who is NOT a family or household member and one of the following crimes has been committed against you.

  • Stalking is when someone does two or more of the following acts:
    • following you;
    • lying in wait for you (hiding in order to attack or harm you); or
    • threatening behavior directed at you or a member of your family.
Note: The acts must serve no legitimate purpose and cause you to reasonably fear for your safety or cause you substantial emotional distress.* To file for a stalking or sexual assault relief from abuse order, you will need to go to the superior court in the county where you live.  If you leave your home to escape abuse, you have the option to file in the county where you used to live or in the county that you moved to.***

See our Sexual Assault or Stalking Protective Orders page for more information.

* VT ST T. 12 § 5131(1),(3),(6)
** VT ST T. 12 § 5131(5)
*** VT ST T. 12 § 5132

 

Did you find this information helpful?

back to topWhat should I do when I leave the courthouse?

Here are some things you may want to consider doing.  However, you will have to evaluate each one to see if it works for your situation.

  • Review the order before you leave the courthouse.   If something is wrong or missing, ask the clerk to correct the order before you leave.
  • Make several copies of the order as soon as possible.
  • Keep a copy of the order with you at all times.
  • You may want to leave copies of the order at your work place, at your home, at the children's school or daycare, in your car, with a sympathetic neighbor, and so on.
  • Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
  • Give a copy of the order to anyone who is named in and protected by the order.
  • If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
  • You may wish to consider changing your locks (if permitted by law) and your phone number.

Did you find this information helpful?

back to topWhat can I do if the abuser violates the order?

You can call the police or sheriff, even if you think it is a minor violation. The abuser can be arrested, and fined, imprisoned or both.*

It is a good idea to write down the name of the responding officer(s) and their badge numbers in case you want to follow up on your case.

Make sure a police report is filled out, even if no arrest is made. If you have legal documentation of all violations of the order, it may help you have the order extended or modified in the future.

If the police do not believe there is enough evidence to arrest the abuser who has violated the order, you may file contempt of court charges against the abuser in the court where your order was issued.

* VT ST T. 13 § 1030

Did you find this information helpful?

back to topCan a relief from abuse order be modified (changed) or extended?

You can ask the court to modify or extend your relief from abuse order by filing a motion in the court where you received the order.  You can find the form online at the Vermont Judiciary website here.  You will have to attend a hearing to have an order extended or modified.  A judge may extend your order even if there were no incidents of abuse while you were protected by the order.  Only the judge, not your own actions or behavior, can change or cancel the relief from abuse order.

It is also be possible that the defendant (abuser) can file a motion to modify the parts of an ex parte relief from abuse order regarding child custody or possession of the home. If the judge thinks that the abuser has given "compelling" (convincing) reasons why the judge should change the order prior to the scheduled hearing date, the judge can schedule a hearing upon two days' notice (or less) to you to consider the abuser's request.*  At the hearing, you will have a chance to advocate to the judge why the order should not be changed.
 
* V.R.F.P. Rule 9(g)(1),(2)

Did you find this information helpful?

back to topWhat happens if I move?

Your relief from abuse order is good everywhere in the state.  If you move to a new county, you may want to contact the court clerk in that county to ask if you should file a copy of the order within your new county court.  If you choose to do so, be sure to tell the clerk if you need your address to be kept confidential.

Additionally, the federal law provides what is called "full faith and credit," which means that once you have a criminal or civil protection order, it follows you wherever you go, including U.S. territories and tribal lands.  Different states have different rules for enforcing out-of-state protection orders.  You can find out about your state’s policies by contacting a domestic violence program, the clerk of courts, or the prosecutor in your area.

To read more about how to get your relief from abuse order enforced in another state, or how to get an out of state order enforced in Vermont, please see our Moving to Another State with a Relief from Abuse Order page.

If you are moving out of state, you can call the domestic violence programs in the state where you are going to find out how that state treats out-of-state orders.

If you are moving to a new state, you may also call the National Center on Protection Orders and Full Faith & Credit (1-800-903-0111, ext. 2) for information on enforcing your order there.

Note: If you are looking to enforce a civil protective order on a military installation, or a military protective order off the installation, please see our Military Protective Orders page for more information.

Did you find this information helpful?

back to top