Vermont: Restraining Orders
Restraining Orders
Relief from Abuse Orders
Basic information
What is a relief from abuse order?
A relief from abuse order is a court order that is designed to stop violent, harassing and threatening behavior. It can also stop the abuser from any contact or communication with you, and protect you and your family from the abuser.1
1 VT ST 15 § 1101
What is the legal definition of domestic abuse in Vermont?
This section defines domestic abuse for the purposes of getting a relief from abuse order. Domestic abuse means that one or more of the following are done between family or household members:
- attempting to cause or causing physical harm;
- placing someone in fear of immediate (“imminent”) serious physical harm;
- child abuse;
- stalking (see subsection (6));
- sexual assault (see subsection (5)); or
- coercive controlling behavior.1
Coercive controlling behavior means a pattern of behavior that unreasonably interferes with someone’s free will and personal liberty, including:
- isolation from friends, relatives, or other sources of support;
- preventing access to basic necessities;
- controlling or monitoring movements, communications, daily behavior, finances, economic resources, or access to services;
- using force, threat, or intimidation, including threats based on immigration status, to make the victim:
- act in a way the victim has the right not to act; or
- not act in a way the victim has the right to act;
- animal cruelty meant to intimidate the victim; or
- forced sex acts or threats of a sexual nature, including:
- threatened acts of sexual conduct;
- threats based on the victim’s sexuality; or
- threats to release sexual images.2
1 VT ST 15 § 1101(1)
2 VT ST 15 § 1101(2)
What types of relief from abuse orders are available? How long do they last?
There are temporary relief from abuse orders and permanent relief from abuse orders.
In general, an ex parte temporary relief from abuse order offers you protection from the time you file your complaint until the court hearing for the permanent relief from abuse order, which usually takes place within 14 days. An ex parte order means it is given without the knowledge of the abuser or his/her presence in the courtroom. The law also allows for a petitioner to apply for an ex parte order over the telephone, including when the courts are closed on nights or weekends. When the courts are closed, you can ask for the help of law enforcement or you can call the after-hours temporary relief from abuse order telephone number: 800-540-9990. If the judge approves an ex parte order when the courts are closed, it will be delivered to the appropriate law enforcement agency.2
Temporary relief from abuse orders can be granted if the judge believes that defendant has abused you and/or your children and that there is a danger of further abuse. If the abuser fails to appear at the final hearing, the temporary order will remain in effect until the final order is served on the abuser.1 Note: If the judge denies your request for an ex parte temporary order, you are supposed to be notified of the judge’s reasons for the denial in writing. You will then have seven days to request that the court still hold a hearing within 14 days for you to request a permanent order. The abuser will be notified and have a chance to appear in court to object to the order.3
A permanent relief from abuse order is designed to offer you longer-lasting and more comprehensive protection than a temporary relief from abuse order. It can last for a “fixed period” of time. A permanent relief from abuse order can be issued only after the abuser receives notice of the hearing, and you and the abuser both have a chance to tell your sides of the story at the final hearing. You can present evidence and witnesses to prove you were abused and it may be best to be represented by a lawyer, especially if the abuser has one. If you don’t appear at the final hearing, your petition will usually be dismissed – the only exception is if the judge believes there is “good cause” to postpone the final hearing and continue the temporary order until that date.4
Go to our VT Finding a Lawyer page for free and paid legal referrals. Most relief from abuse orders expire after one year, but you may be able to have it extended.5 Please see our Can a relief from abuse order be modified (changed) or extended? page for more information.
If you don’t qualify for a relief from abuse order, you can get more information about stalking and sexual assault prevention orders on our page called I was not granted a relief from abuse order. Is there another order I can get?
1 VT ST 15 § 1104(a), (b)
2 VT ST 15 § 1106(b)
3 V.R.F.P. Rule 9(e)
4 VT ST 15 § 1105(b)(2)
5 VT ST 15 § 1103(e)
What protections can I get in a relief from abuse order?
An ex parte temporary relief from abuse order can:
- order the abuser to stop contacting you and/or your children directly, indirectly, or through a third party, including in writing or by telephone, e-mail, or other electronic communication;
- order the abuser to stop abusing and interfering with the personal liberty of you and/or your children;
- order the abuser to stay a certain distance away from you, your children, your home, and your work;
- order the abuser to not mistreat or kill any animal (pet) owned or possessed by you, the defendant, or a minor child living in the household;
- If the abuser forced you and/or your children out of the home and you have no where to go, the judge can order the defendant to immediately leave the home and order that you have sole possession of the home;
- grant you temporary custody of your children if the judge believes that there is an immediate danger of physical or emotional harm to the children; and
- order the abuser to immediately give up his/her firearms and to not get any new firearms while the order is in effect.1
A permanent relief from abuse order can:
- order the abuser to stop contacting you and/or your children directly, indirectly, or through a third party, including in writing or by telephone, e-mail, or other electronic communication;
- order the abuser to stay away from you and/or your children, your work, children’s school or other locations you specify;
- order the abuser to stop abusing and interfering with the personal liberty of you and/or your children;
- order the abuser to immediately leave the home you share with him/her and give you sole possession of the home;
- award temporary rights and responsibilities (temporary custody) of minor children to you and give the defendant parent-child contact under such conditions as are necessary to protect the you and/or the children from abuse;
- order the abuser to pay you spousal support for up to three months;
- order the abuser to pay you child support for up to three months;
- decide the possession, care and control of any animal owned or kept by you, the abuser, or a child in the home;
- order that the defendant return to you any personal documentation in his/her possession, including immigration documentation, birth certificates, and identification cards for you and/or your children;2 and
- anything else you need to keep you and/or your children safe.
Whether a judge orders any or all of the above depends on the facts of your case.
1 VT ST 15 § 1104(a)
2 VT ST 15 § 1103(c)(2)
In which county can I file for a relief from abuse order?
You can file a petition in the county where you live. If you’ve left home to avoid further abuse, you can file the petition in the county where you lived previously, or in the county where you currently live.1 However, if you are trying to keep your address confidential, filing in the county where you have fled to would likely not be a good idea since it would alert the abuser to the fact that you are living in that county.
1 VT ST 15 § 1102(c)
Si el agresor vive en otro estado, ¿puedo conseguir una orden en su contra?
Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.
Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:
- El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
- Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
- Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.
Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.
Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.
Who can get a relief from abuse order
Am I eligible for a relief from abuse order?
You can be eligible to file for a relief from abuse order if you have been abused by a family or household member, which includes any of the following:
- someone with whom you are living with or have lived;
- someone with whom you share or have shared a home;
- someone with whom you are having or used have a sexual relationship;
- someone you are dating or have dated;
- a spouse or former spouse; or
- a family member, related by blood or marriage.1
A minor of any age who is in a dating relationship can file against a dating partner. However, to file in one of the other categories, the minor must be at least 16 years old to file on his/her own.2
Note: When deciding whether to give you an order, a judge must believe that the defendant has abused you and/or your children and either:
- there is a danger of further abuse; or
- the abuser is currently incarcerated and has been convicted of one of the following:
- murder;
- attempted murder;
- kidnapping;
- domestic assault;
- aggravated domestic assault;
- sexual assault;
- aggravated sexual assault;
- stalking;
- aggravated stalking;
- lewd or lascivious conduct with child; or
- use of a child in a sexual performance, or consenting to a sexual performance.3
1 VT ST 15 § 1103(a)
2 VT ST 15 § 1104(a)
3 VT ST 15 § 1103(c)(1)
Can I get a relief from abuse order against my same-sex partner?
In Vermont, you may apply for a relief from abuse order against a current or former same-sex partner as long as the relationship meets the requirements listed in Am I eligible for a relief from abuse order? You must also be the victim of an act of domestic abuse, which is explained here What is the legal definition of domestic abuse in Vermont?
You can find information about LGBTQIA victims of abuse and what types of barriers they may face on our LGBTQIA Victims page.
Can a minor file for an order?
A minor of any age who is/was in a dating relationship can file against a dating partner. However, to file in one of the other categories, the minor must be at least 16 years old to file on his/her own. If s/he is younger than 16, his/her parent (or legal guardian) can file for him/her.1
1 VT ST 15 §§ 1103(a), 1104(a)
How much does it cost to get a relief from abuse order?
Do I need an attorney?
While it is not necessary to hire a lawyer to file for a relief from abuse case, it may be in your interest to hire an attorney, especially if the abuser is represented by one. A domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free. Go to our VT Finding a Lawyer page to find help in your area.
Steps for getting a relief from abuse order
Step 1: Go to the family court and request an application.
Go to the family division of the superior court (family court) in your area. You can find a court near you by going to our VT Courthouse Locations page. Find the court clerk and request a petition for a relief from abuse order, and also tell the clerk if you want an ex parte temporary relief from abuse order. You can also find links to petitions online by going to our VT Download Court Forms page.
Weeknights and weekends, you can apply for an ex parte temporary relief from abuse order at your local police station. You can call the after-hours temporary relief from abuse order telephone number: 800-540-9990. A family court clerk will be in contact with either you or the police and usually will meet you at the police station. In exceptionally dangerous circumstances or in cases of physical disabilities, other arrangements may be made with the family court clerk.
A domestic violence worker may be able to help you file the complaint both during business hours and after hours or you can go alone and get assistance from a court clerk. To find a domestic violence organization in your area, see VT Advocates and Shelters.
Step 2: Fill out the application.
Carefully fill out the forms. Write briefly about the most recent incident of violence, using descriptive language (slapping, hitting, grabbing, choking, threatening, etc.) that fits your situation. Be specific. Include details and dates, if possible. A domestic violence organization may be able to provide you with help filling out the form. See VT Advocates and Shelters for the location of an organization near you.
Note: Do not sign the petition until you have shown it to a clerk, as the form may need to be notarized or signed in the presence of court personnel.
Step 3: A judge will review your application.
After you finish filling out your application, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. The judge will decide whether or not to issue the temporary order, and will set a date for a hearing for the final order. You will be given papers that state the time and date of your hearing for a permanent relief from abuse order. The hearing will take place within 14 days of your filing your complaint.1
When deciding whether to give you an order, a judge must believe that the defendant has abused you and/or your children and either:
- there is a danger of further abuse; or
- the abuser is currently incarcerated and has been convicted of one of the following:
- murder;
- attempted murder;
- kidnapping;
- domestic assault;
- aggravated domestic assault;
- sexual assault;
- aggravated sexual assault;
- stalking;
- aggravated stalking;
- lewd or lascivious conduct with child; or
- use of a child in a sexual performance, or consenting to a sexual performance.2
1 VT ST 15 § 1104(b)
2 VT ST 15 § 1103(c)(1)
Step 4: Service of process
The abuser must be served with a notice of hearing and with any temporary relief from abuse order that a judge has granted you. Your relief from abuse order will not be valid until the abuser is served. If your order is issued during normal business hours, the court clerk should forward your paperwork to law enforcement to serve the abuser.1
Do not try and serve the abuser in person with the papers yourself.
You can find more information about service of process in our Preparing for Court – By Yourself section, in the question called What is service of process and how do I accomplish it?
1VT ST 15 § 1105(a)
Step 5: The hearing
Whether a judge grants you a temporary order or not, you may be given a court date for a hearing on your petition within ten business days (assuming that your petition is not dismissed). The hearing will be in front of a judge, who will decide whether or not to give you a final relief from abuse order.1
It is very important that you attend the court hearing. If you do not go to the hearing, your temporary order will expire and you will have to start the process over. If you absolutely cannot attend, contact the court immediately and ask how you can get a “continuance” for a later court date.
If the abuser was served and does not attend the hearing, the court may issue a “default judgment” against him/her and you may receive a final relief from abuse order in his/her absence. The judge also may decide to pick a new hearing date to give the abuser another chance to come to court. If this happens, be sure to ask the judge to extend your temporary order if you have one.
At the hearing, you will have the chance to testify in court and present evidence and witnesses to prove the abuse and harassment you have experienced. The abuser will also be allowed to be present evidence and testify in the hearing to defend himself/herself. You may want to get a lawyer to represent you at that hearing, especially if you think the abuser will have one. Go to our VT Finding a Lawyer page for a listing of free and paid lawyers. If you are going to be in court without a lawyer, you can visit our At the Hearing section for ways that you can show the judge that you were abused. You can learn more about the court system in our Preparing for Court – By Yourself section.
After the hearing
What 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.
Can the abuser have a gun?
Once you get a protection order, there may be laws that prohibit the respondent from having a gun in his/her possession. There are a few places where you can find this information:
- first, read the questions on this page to see if judges in Vermont have to power to remove guns as part of a temporary or final order;
- second, go to our State Gun Laws section to read about your state’s specific gun-related laws; and
- third you can read our Federal Gun Laws section to understand the federal laws that apply to all states.
You can read more about keeping an abuser from accessing guns on the National Resource Center on Domestic Violence and Firearms’ website.
What can I do if the abuser violates the order?
You can call the police even if you think it is a minor violation. Intentionally violating a relief from abuse order can be put in jail for up to one year, fined up to $5,000, or both. The penalties increase can increase to up to three years in prison and up to $25,000 in fines (or both) if s/he has a prior conviction for violating a sexual assault or stalking protective order, a relief from abuse order, or an order preventing contact with a child or if s/he a prior conviction for domestic assault or aggravated domestic assault.1
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. 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.
You also have the option for filing for contempt in the court where your order was issued.
For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.
1 VT ST 13 § 1030(a),(b)
Can 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.1 At the hearing, you will have a chance to advocate to the judge why the order should not be changed.
1 V.R.F.P. Rule 9(g)(1),(2)
Is there anything I can do if my abusive partner continually files court proceedings against me?
Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone who the court has already determined committed abuse, stalking, or sexual assault against you, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.
At what point in the court process can I request an order to restrict abusive litigation?
You may request an order restricting abusive litigation at any point, including:
- in any answer or response to a new case the abuser has filed;
- by making a motion at any time in an existing case;
- in an answer or response to a motion the abuser has filed; or
- orally at a hearing in front of a judge.1
1 VT ST 15 § 1182(a)
What happens if the judge issues an order restricting abusive litigation?
If the judge grants your request for an order restricting abusive litigation, the abuser’s current case will be dismissed or denied. The judge may also award you attorney’s fees and the costs of responding to the abusive litigation.1
Afterwards, the abuser will be required to submit any future cases to the court for review before anything can be served on you.2 The judge would then either issue an order that allows the case to go forward or prohibits the case from continuing. If the abuser serves any new case or petition on you without attaching a copy of the order allowing that case to be filed, you may respond simply by filing a copy of the judge’s order restricting abusive litigation.3
1 VT ST 15 § 1184
2 VT ST 15 § 1185(b)
3 VT ST 15 § 1185(g)
What 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.
Si me dan una orden de protección, ¿aparecerá en una búsqueda en el internet?
De acuerdo a la ley federal, que aplica a todos los estados, territorios y tierras tribales, se supone que las cortes no publiquen información que podría revelar su identidad y localización en el internet. Esto aplica a:
- la petición que presenta;
- la orden de protección, orden de restricción o interdicto que le dio la corte; o,
- que se registró la orden en otro estado. 1
1 18 USC § 2265(d)(3)
I 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.1
- Sexual assault is when someone commits one of the following crimes against you:
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.3
See our Sexual Assault or Stalking Protective Orders page for more information.
1 VT ST 12 § 5131(1),(3),(6)
2 VT ST 12 § 5131(5)
3 VT ST 12 § 5132
Sexual Assault or Stalking Protective Orders
Basic info
What is a sexual assault or stalking protective order?
A sexual assault or stalking protective order is a civil court order, which can protect you from someone who is not a family member or household member who has stalked or sexually assaulted you.1 A family member is a current or former spouse or someone related to you by blood or marriage. A household member is defined as someone who you:
- live or lived with;
- have or had a sexual relationship with; or
- date or dated.2
When deciding if someone is your “household member,” it doesn’t matter how long you lived with, dated, or had an intimate relationship with the other person.2
If a family member or household member has stalked or sexually assaulted you, you may be eligible for a relief from abuse order instead. For more information, see the Relief from Abuse Orders section.
1 VT ST 12 § 5133(a)
2 VT ST 15 § 1101(3)
What is the definition of stalking in Vermont?
Stalking is when someone repeatedly (at least 2 times) follows, monitors, surveils or threatens you, makes threats about you, or interferes with your property. These actions can be done directly or indirectly (through another person) and by using a device or through any other actions.1 The stalker must know or should know that his/her actions would reasonably cause you to:
- fear for your safety or your family member’s safety; or
- suffer substantial emotional harm. This “substantial emotional harm” can be shown by:
- your fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death; or
- significant changes that you have made in your actions or routines, including:
- moving from your home;
- changing your daily routes to and from work even though it causes a serious disruption in your life;
- changing your job or your work schedule; or
- losing a job or losing time from work.2
1 VT ST 12 § 5131(1)(A)
2 VT ST 12 § 5131(6)
What is the definition of sexual assault in Vermont?
For the purpose of getting this protective order, “sexual assault” is defined as when the abuser commits one of the following crimes against you - however, s/he does not have to be arrested for the crime and it does not have to be reported to the police for you to file for this protective order. His/her actions, however, must match the description of one of the crimes below – click on each crime to read its definition:
- lewd and lascivious conduct;
- lewd and lascivious conduct with a child (i.e., inappropriately touching a child under age 16 for sexual pleasure);
- sexual assault;
- aggravated sexual assault;
- use of a child in a sexual performance; or
- consenting to a sexual performance (this is when a parent, guardian, or custodian of a child allows the child to be used for a sexual performance). (Note: To file for a protection order under this ground, it would be the child/victim filing against his/her guardian).1
1 VT ST 12 § 5131(5)
What types of protective orders are available? How long do they last?
There are two types of protective orders - the temporary ex parte order and the final order.
Temporary ex parte order
You can file a complaint and affidavit (sworn statement) for a temporary protective order during regular court hours. If the judge believes that the abuser/defendant stalked or sexually assaulted you, the judge can give you a temporary ex parte protective order without prior notice to the abuser/defendant. A temporary protective order can state that the abuser has to stay away from you and/or your children and can include any other terms to protect the safety of you and/or your children.1
Final protective order against stalking or sexual assault
Every order will give a date (within the next 14 days), a time, and the place that the defendant can appear to petition the court to modify (change) or to dismiss the order. At this court hearing, you will have to prove that the defendant stalked or sexually assaulted you to get the protective order continued.2 If the defendant was convicted criminally of sexual assault, the judge can issue a protection order without considering whether or not the defendant poses a risk of future harm. However, if s/he was not convicted criminally of sexual assault, the judge must believe that s/he sexually assaulted you and that there is a danger of further harm to you. The judge can consider the defendant’s past behavior as relevant evidence of future harm but, in general, the judge cannot consider evidence about your reputation or your past sexual conduct (although there are exceptions).3
If necessary, the judge can add additional protections to the final order. At this hearing, the abuser/defendant has the right to offer evidence to prove that s/he did not stalk or sexually assault you. Both you and the abuser can offer witnesses, testimony, and other evidence to prove your case. You may want to be represented by a lawyer at this hearing, especially if the abuser has one. Go to our VT Finding a Lawyer page for free and paid legal referrals.
Final protective orders against stalking or sexual assault will be for a fixed period of time, which will be stated in the order. The order can be extended, however. For more information, see Can the order be changed or extended?
1 VT ST 12 § 5134(a)
2 VT ST 12 § 5134(b)
3 VT ST 12 § 5133(d)(1),(c)
What protections can I get in a sexual assault or stalking protective order?
A sexual assault or stalking protective order can order the abuser to stay away from you and/or your children.1 Under Vermont law, “stay away” means that the offender cannot:
- be physically close to you; or
- have nonphysical contact with you directly or through a third person (regardless of whether or not the third person knows about the order).2 Note: “Nonphysical contact” means s/he cannot contact you in writing, or through telephone calls, mail, e-mail, social media commentary or comments, or other electronic communication or fax.3
The judge can also order anything else that the judge believes is necessary to protect you and/or your children.1
1 VT ST 12 § 5133(d)
2 VT ST 12 § 5131(7)
3 VT ST 12 § 5131(3)
Si el agresor vive en otro estado, ¿puedo conseguir una orden en su contra?
Si el/la agresor/a vive en un estado diferente al suyo, el/la juez/a podría no tener “jurisdicción personal” (poder) sobre ese/a agresor/a. Esto significa que es posible que el tribunal no pueda otorgar una orden en contra de él/ella.
Hay algunas formas en las que una corte puede tener jurisdicción personal sobre un/a agresor/a que es de otro estado:
- El/la agresor/a tiene una conexión sustancial a su estado. Quizás el/la agresor/a viaja regularmente a su estado para visitarlo/a, por negocios, para ver la familia extendida, o el/la agresor/a vivía en su estado y huyó recientemente.
- Uno de los actos de maltrato “ocurrió” en su estado. Quizás el/la agresor/a le envía mensajes amenazantes o le hace llamadas acosadoras desde otro estado pero usted lee los mensajes o contesta las llamadas mientras usted está en su estado. El/la juez/a puede decidir que el maltrato “ocurrió” mientras estaba en su estado. También puede ser posible que el/la agresor/a estaba en su estado cuando le maltrató pero desde entonces se fue del estado.
- Otra forma para que la corte adquiera jurisdicción es si usted presenta su petición en el estado donde usted está, y el/la agresor/a recibe notificación de la petición de la corte mientras él/ella está en ese estado.
Sin embargo, aunque nada de esto aplique a su situación, eso no necesariamente significa que usted no pueda conseguir una orden. A usted le pueden dar una orden por consentimiento o el/la juez/a puede encontrar otras circunstancias que permitan que la orden sea dada. Puede leer más sobre jurisdicción personal en nuestra sección de Asuntos Básicos del Sistema Judicial - Jurisdicción Personal.
Nota: Si el/la juez/a de su estado se niega a dar una orden, usted puede pedir una orden en la corte del estado donde vive el/la agresor/a. Sin embargo, recuerde que es probable que usted necesite presentar la petición en persona y asistir a varias citas en la corte, lo cual podría ser difícil si el estado de el/la agresor/a es lejos.
Who is eligible
Who can qualify for a sexual assault or stalking protective order?
If someone who is not a family member or household member has stalked or sexually assaulted you, you may be eligible to file for this order. You can file on behalf of yourself and/or your minor children. If the victim of stalking or sexual assault is a minor, s/he can file a complaint on his/her own if s/he is at least 16 years old.1 For the legal definition of sexual assault, see What is the definition of sexual assault in Vermont? and for the definition of stalking, see What is the definition of stalking in Vermont?
1 VT ST 12 § 5133(a)
Can a minor file for an order?
A minor victim can file a complaint on his/her own if s/he is at least 16 years old. If s/he is younger than 16, his/her parent (or legal guardian) can file for him/her.1
1 VT ST 12 § 5133(a)
Can my past sexual history be used against me in court?
In general, the judge cannot consider evidence about your sexual reputation or your past sexual conduct (although there are exceptions).
Certain evidence of your past sexual conduct may be admitted if it affects your credibility (how believable you are) or if it is material (very relevant/important) to a fact that is an issue in your case. In this case, the court may consider evidence of:
- Your past sexual conduct with the abuser;
- Specific instances of sexual conduct that resulted in pregnancy, disease, or the presence of semen; and/or
- Specific instances of your past false allegations of violations of one of the following crimes:
- Lewd and lascivious conduct
- Lewd or lascivious conduct with a child
- Voyeurism
- Sexual assault
- Aggravated sexual assault
- Aggravated sexual assault of a child
- Sexual exploitation of an inmate
- Sexual exploitation of a minor 1
1 VT ST 12 § 5133(c)
How to get an order
Where do I file for a sexual assault or stalking protective order?
To file for a protective order, you go to the superior court in the county where you live. If you have left your home in order to avoid being sexually assaulted or stalked, you can file the order in the county where you previously lived or in the current county you live in.1
1 VT ST 12 § 5132
How much does the protective order cost?
What steps do I take to apply for an order?
These are the basic steps to getting an order:
Step #1: Go to superior court to file a complaint and affidavit.1
Step #2: The judge reviews your paperwork and may question you. The judge may then grant a temporary ex parte order and a court date is set for a hearing on the final order.
Step #3: The abuser must be notified of the complaint, temporary ex parte order and the hearing through a process called “service” prior to the hearing date. You can use a law enforcement officer to personally serve (notify) the abuser - you cannot deliver the papers yourself. The person serving the complaint must file a “return of service” with the court indicating the date, time, and place that the order was personally delivered to the abuser. This is your proof that the abuser was properly served if s/he does not show up to court for the hearing. If service cannot be made prior to the hearing date, you can request additional time to serve the abuser/defendant and the judge will determine how much time is needed to complete service.2
Step #4: After the abuser is served, you will have a hearing in court on the scheduled hearing date. During this hearing, you must prove to the judge that the abuser has sexually assaulted or stalked you through witnesses, testimony, and other evidence. The abuser/defendant has a right to offer evidence that s/he did not sexually assault or stalk you. You may want to have an attorney represent you at the hearing. Go to our VT Finding a Lawyer page for free and paid legal referrals. If you have to represent yourself, you can find some helpful information on our Preparing for Court page.
The judge will determine if you will receive a final order. If the judge believes that the defendant stalked you or the defendant has been criminally convicted of sexual assault, the judge can grant you an order against stalking or sexual assault without considering whether or not the defendant poses a risk of future harm. However, if s/he was not convicted criminally of sexual assault, you must prove to the judge that s/he sexually assaulted you and that there is a danger of further harm to you.3
In either case, the judge may add additional protections to your order than the protections you had on your temporary ex parte order.4
Note: During the hearing, the judge can consider the defendant’s past behavior as relevant evidence of future harm but, in general, the judge cannot consider evidence about your reputation or your past sexual conduct (although there are exceptions). See Can my past sexual history be used against me in court? for more information.
1 VT ST 12 § 5133(a),(h)
2 VT ST 12 § 5135
3 VT ST 12 § 5133(c),(d)(1)
4 VT ST 12 § 5133(d)
After the hearing
What happens if the abuser violates the order?
You can call the police even if you think it is a minor violation. Intentionally violating a sexual assault or stalking protective order can be put in jail for up to one year, fined up to $5,000, or both. The penalties increase can increase to up to three years in prison and up to $25,000 in fines (or both) if s/he has a prior conviction for violating a sexual assault or stalking protective order, a relief from abuse order, or an order preventing contact with a child or if s/he a prior conviction for domestic assault or aggravated domestic assault.1
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. 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.
You also have the option for filing for contempt in the court where your order was issued.
1 VT ST 13 § 1030(a),(b)
Can the order be changed or extended?
When your order expires, you can file a motion with the court to extend your order. The judge can extend it for such additional time as the judge believes is necessary to protect you and/or your children. There does not have to be another incident of stalking or sexual assault during the time you had the order to extend it.1
To change an order, you or the abuser can file a motion to modify (change) the order if there has been a substantial change in circumstance. The judge can change the order at any time.1
1 VT ST 12 § 5133(e)
What can I do if the abuser keeps filing court proceedings against me?
Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone who the court has already determined committed abuse, stalking, or sexual assault against you, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.
At what point in the court process can I request an order to restrict abusive litigation?
You may request an order restricting abusive litigation at any point, including:
- in any answer or response to a new case the abuser has filed;
- by making a motion at any time in an existing case;
- in an answer or response to a motion the abuser has filed; or
- orally at a hearing in front of a judge.1
1 VT ST 15 § 1182(a)
What happens if the judge issues an order restricting abusive litigation?
If the judge grants your request for an order restricting abusive litigation, the abuser’s current case will be dismissed or denied. The judge may also award you attorney’s fees and the costs of responding to the abusive litigation.1
Afterwards, the abuser will be required to submit any future cases to the court for review before anything can be served on you.2 The judge would then either issue an order that allows the case to go forward or prohibits the case from continuing. If the abuser serves any new case or petition on you without attaching a copy of the order allowing that case to be filed, you may respond simply by filing a copy of the judge’s order restricting abusive litigation.3
1 VT ST 15 § 1184
2 VT ST 15 § 1185(b)
3 VT ST 15 § 1185(g)
Si me dan una orden de protección, ¿aparecerá en una búsqueda en el internet?
De acuerdo a la ley federal, que aplica a todos los estados, territorios y tierras tribales, se supone que las cortes no publiquen información que podría revelar su identidad y localización en el internet. Esto aplica a:
- la petición que presenta;
- la orden de protección, orden de restricción o interdicto que le dio la corte; o,
- que se registró la orden en otro estado. 1
1 18 USC § 2265(d)(3)
Extreme Risk Protection Orders
An extreme risk protection order temporarily restricts a respondent’s access to guns in certain situations to protect him/her and others.
Basic info
What is an extreme risk protection order?
An extreme risk protection order is a civil court order that allows a judge to restrict an individual’s access to dangerous weapons.1 The person against whom the order is filed is known as the respondent.
1 VT ST 13 § 4053(a)
How can an extreme risk protection order help me?
In an extreme risk protection order, the judge can order that the respondent not:
- have any dangerous weapons in his/her possession;
- purchase any dangerous weapons; and
- receive any dangerous weapons.1
A “dangerous weapon” is defined as an explosive or a firearm.2
1 VT ST 13 § 4053(e)
2 VT ST 13 § 4051(2)
What types of extreme risk protection orders are there? How long do they last?
There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.
Ex parte extreme risk protection orders: An ex parte extreme risk protection order is issued without the respondent having notice of the case before the hearing.1 Ex parte extreme risk protection orders are issued on a temporary, emergency basis and last for up to 14 days.2
Final extreme risk protection orders: A judge can issue a final extreme risk protection order after the respondent is served with notice of the case and has a chance to participate in a hearing. If the judge finds that the respondent is a risk to himself/herself or others, the judge can issue a final extreme risk protection order for up to six months.3
1 VT ST 13 § 4054(b)(1)
2 VT ST 13 § 4054(b)(1), (c)(1)
3 VT ST 13 § 4053(e)(2)
Who can file for an extreme risk protection order?
The person who files for the extreme risk protection order is known as the petitioner. A judge can issue an extreme risk protection order against a respondent who poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. The following people may file for an extreme risk protection order:
- a State’s Attorney;
- the Office of the Attorney General;
- the respondent’s family member; or
- the respondent’s household member.1
The law in Vermont defines “household members” as people who live together or are engaged in a dating or sexual relationship. To determine whether something qualifies as dating, the judge may consider:
- the nature of the relationship;
- how long the relationship has existed; and
- how often the parties interact.2
1 VT ST 13 § 4053(a)
2 VT ST 13 § 4051(7)
Getting the order
How do I get an extreme risk protection order?
If you are the respondent’s family or household member, you may file a petition requesting an extreme risk protection order. Your petition must say (allege) that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. You must include an affidavit with your petition that says why the order should be issued.1 This affidavit should include what dangerous weapons the respondent has access to and whether the respondent has any abuse prevention orders or orders against stalking or sexual assault issued against him/her.2
If you file a petition, the court will send a copy of your petition to the State’s Attorney in the county where you filed.3 If the judge decides to issue an ex parte extreme risk protection order in your case, the State’s attorney will be substituted as the petitioner and you will no longer be considered a party in the case. If the judge denies your request for an ex parte order but schedules a hearing on whether to issue a final order, the State’s attorney will be substituted as the petitioner at least seven days before that hearing.4
A State’s Attorney or the Office of the Attorney General may also file a petition for an extreme risk protection order on their own. If that happens, you may want to speak to the State’s Attorney or the Office of the Attorney General to tell them what you know about the respondent’s weapons or actions.
1 VT ST 13 §§ 4053(a), (c)(1)
2 VT ST 13 § 4053(c)(3)
3 VT ST 13 § 4053(d)(2)
4 VT ST 13 § 4053(b)(2)
How will the judge make a decision?
A judge will issue an ex parte order if the petitioner proves that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. In order for the judge to issue a final extreme risk protection order, the same “extreme risk” would have to be proved at a hearing. However, at the hearing for the final order, the respondent would have to first be notified and have the opportunity to attend the hearing and present evidence to convince the judge otherwise.2
The petitioner can prove that the respondent is at risk of harming others by showing the judge that:
- the respondent physically harmed or tried to physically harm another person;
- the respondent’s threats or actions have placed others in reasonable fear of physical harm; or
- the respondent’s actions or failure to act presented a danger to someone in the respondent’s care.3
The petitioner can show that the respondent is a risk to himself/herself by showing that the respondent:
- threatened suicide or serious bodily harm; or
- attempted suicide or serious bodily harm.4
1 VT ST 13 § 4054(b)(1)(A)
2 VT ST 13 § 4053(e)(1)
3 VT ST 13 § 4054(b)(2)(A)
4 VT ST 13 § 4054(b)(2)(B)
What if the respondent violates the order?
If the respondent intentionally fails to follow the terms of the extreme risk protection order, s/he may be committing a crime. If the respondent is convicted of violating the order, the judge could sentence the respondent to go to prison for up to one year, pay a fine of up to $1,000, or both.1
1 VT ST 13 § 4058(b)(1)
Can an extreme risk protection order be renewed?
If the judge decides that the respondent still poses an extreme risk of harm to himself/herself or others by possessing a dangerous weapon, the judge can renew the extreme risk protection order for another six months. The State’s Attorney or the Office of the Attorney General may request a renewal 14-30 days before the current order expires.1 If you originally filed the petition for this order, the law does not allow you to ask the court for a renewal because the prosecutor will be substituted as petitioner prior to the hearing to get the order.2 However, you could contact the State’s Attorney or Office of the Attorney General a few months before the order will expire to tell them if you still think the respondent poses a danger and to ask the lawyer in charge of the case to renew the order.
1 VT ST 13 § 4055(b)
2 VT ST 13 § 4053(b)(2)
Moving to Another State with a Relief from Abuse Order
If you are moving out of state or are going to be out of the state for any reason, your relief from abuse order can still be enforceable.
General Rules
Can I get my relief from abuse order from Vermont enforced in another state?
If you have a valid Vermont relief from abuse order that meets federal standards, it can be enforced in another state. The Violence Against Women Act (VAWA), which is a federal law, states that all valid restraining orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories. See How do I know if my relief from abuse order is good under federal law? to find out if your order qualifies.
Each state must enforce out-of-state restraining orders in the same way it enforces its own orders. Meaning, if the abuser violates your out-of-state restraining order, s/he will be punished according to the laws of whatever state you are in when the order is violated. This is what is meant by “full faith and credit.”
¿Cómo puedo saber si mi orden de DVPO es respetada por las leyes federales?
Una DVPO es respetada en cualquier lugar dentro de los Estados Unidos si cumple con los siguientes requisitos:
- Fue emitida para prevenir violencia, amenaza o comportamiento violento en contra de otra persona o fue emitida para prohibir cualquier comunicación o contacto con otra persona.
- La corte que emitió la orden tiene jurisdicción sobre las personas y el caso. (En otras palabras, la corte tenia la autoridad para oír el caso.)
- El agresor fue notificado sobre la existencia de la orden y tuvo oportunidad de ir a la corte y decir su versión de la historia.
- En el caso de las órdenes de emergencia ex-parte, el agresor debe recibir la notificación y la oportunidad de ir a la corte para decir su versión de la historia en una audiencia programada antes de que la orden temporal expire.1
Nota: Las DVPOs civiles que son emitidas en cortes estatales pueden ser respetadas en bases militares. Sin embargo, las órdenes de protección militares (MPOs) podrían no ser respetadas fuera de las bases militares. Es importante verificar con el secretario de la corte o con un defensor en una organización local de violencia doméstica. También puede visitar nuestra página de Info Militar para obtener más información.
1 “>
(1) 18 USC 2265
Tengo una orden de protección temporal ex-parte. ¿Puede esta ser respetada en otro estado?
Las órdenes temporales ex-parte pueden ser respetadas en otros estados, como cualquier DVPO, siempre y cuando el agresor haya sido notificado y haya tenido una oportunidad de ser escuchado en una audiencia antes de que la orden temporal expire.
Nota: El nuevo estado (el estado al cual usted se mudará) no puede extender la orden temporal, ni tampoco emitir una orden permanente cuando la temporal expire. Si usted necesita extender su orden temporal, usted debe contactar a la corte en el estado que se emitió la orden y hacer los arreglos necesarios para estar en la audiencia en persona o por teléfono (si esta es una opción ofrecida por la corte).
Getting your Relief from Abuse Order enforced in another state?
How do I get my relief from abuse order enforced in another state?
Federal law does not require you to take any special steps to get your relief from abuse order enforced in another state.
Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid relief from abuse order is enforceable regardless of whether it has been registered or filed in the new state.1 Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.
Note: In Vermont, the court administrator is required to prepare a form that will make it easier for courts in other states to enforce a Vermont relief from abuse order. Local domestic violence organizations should also have relief from abuse order envelopes that you can put your order in to make enforcement easier.
Note: It is important to keep a copy of your restraining order with you at all times. It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.
1 18 U.S.C. § 2265(d)(2)
Do I need anything special to get my relief from abuse order enforced?
In most states, you will need a certified copy of your relief from abuse order. A certified copy says that it is a “true and correct” copy; in Vermont, a certified copy has a raised seal. If your copy is not a certified copy, call or go to the court that gave you the order and ask for a certified copy. You can find contact information for courthouses in Vermont on our VT Courthouse Location page.
Note: It may be a good idea to keep a copy of the order with you at all times. You may also want to bring several copies of the order with you when you move 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. You may want to give a copy to the security guard or person at the front desk where you live and/or work and to anyone who is named in and protected by the order.
¿Puedo obtener ayuda? ¿Necesito un abogado?
Usted no necesita un abogado para que su DVPO sea respetada en otro estado.
Sin embargo, usted podría buscar ayuda de un defensor en una organización local de violencia doméstica o de un abogado en el estado al cual se mudará. Un defensor de violencia doméstica le informará sobre las ventajas y desventajas de registrar su DVPO y le ayudará en el proceso si usted decide registrar la orden.
Para encontrar un defensor de violencia doméstica o un abogado en el estado al cual usted se mudará, vaya a la página de Enlaces y Recursos y escoja el estado que desee. Luego, haga clic en Intercesoras y Albergues para encontrar albergues y organizaciones en su área.
Enforcing custody provisions in another state
Se me otorgo la custodia temporal mediante mi DVPO. ¿Puedo llevarme a mis hijos fuera del estado?
Esto dependerá de lo que dice la provisión de custodia en su DVPO. Tal vez usted tenga que obtener permiso de la corte antes de mudarse. Si su agresor tiene derecho de visitación, usted deberá cambiar su orden, o demostrarle a la corte que hay una alternativa real y justa para las visitas del otro padre.
Para obtener más información acerca de las leyes de custodia en Vermont, vaya a nuestra página Información sobre Custodias.
Si usted no esta segura acerca de la posibilidad de llevar a sus hijos fuera del estado, es importante que hable con un defensor de violencia doméstica o con un abogado que entiende las leyes de custodia y violencia doméstica. Ellos le podrán orientar mejor para que usted tome la decisión correcta con respecto a usted y a sus hijos. Usted puede encontrar información de organizaciones de violencia doméstica y asistencia legal en el área de Vermont en nuestra pagina de VT Enlaces y Recursos.
Se me otorgo la custodia temporal mediante mi DVPO. ¿Respetará otro estado la orden de custodia?
Las provisiones de custodia, visitación, y manutención de los hijos que están incluidas en la DVPO, pueden ser respectadas en más de un estado. Los oficiales que hacen cumplir la ley y las cortes en otros estados están obligados por la ley federal a respetar y hacer cumplir estas provisiones.1
1 18 U.S.C 2266
Enforcing your Out-Of-State Order in Vermont
If you are planning to move to Vermont or are going to be in Vermont for any reason, your protection or restraining order can be enforced.
General Rules for Out-of-State orders in Vermont
Can I get my protection order enforced in Vermont? What are the requirements?
Your protection order can be enforced in Vermont as long as:
- It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.1
- The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
- The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
- In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.2
Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.
1 18 U.S.C. § 2266(5)
2 18 U.S.C. § 2265(a), (b)
Can I have my out-of-state protection order changed, extended or canceled in Vermont?
Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Vermont.
To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where the abuser is living. To find out more information about how to modify a protection order, see the Restraining Orders page for the state where your order was issued.
If your order does expire while you are living in Vermont, you may be able to get a new one issued in Vermont but this may be difficult to do if no incidents of abuse have taken place in Vermont. To find out more information on how to get a relief from abuse order in Vermont, visit our VT Restraining Orders page.
I was granted temporary custody with my out-of-state protection order. Will I still have temporary custody in Vermont?
As long as the child custody provision complies with certain federal laws,1 Vermont can enforce a temporary custody order that is a part of a protection order.
To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area. To find a lawyer in your area click the VT Finding a Lawyer page.
1 The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.
Registering your Out-of-State order in Vermont
¿Qué es el National Crime Information Center Registry (Centro de Registro Nacional de Información de Crímenes)? ¿Quién tiene acceso?
<p>El National Crime Information Center Registry (NCIC) (Centro de Registro Nacional de Información de Crímenes) es una base de datos nacional utilizada por agencias del orden público en los Estados Unidos, Canadá, y Puerto Rico. Es administrada por el FBI y los oficiales de autoridad competente.</p>
<p>Antes de mudarse a Vermont, el estado donde le fue otorgada su orden de protección puede que ya haya ingresado su orden en el NCIC, de lo contrario su orden será ingresada en el NCIC una vez que esta haya sido registrada en VT.</p>
<p><strong>Nota:</strong> La mayoría de los oficiales judiciales tienen acceso al NCIC, pero esta información está encriptada para evitar el acceso de intrusos.</p>
How do I register my protection order in Vermont?
You can register your protection order in any family court by filing a certified copy of the order with the court. The court will make you swear under oath in an affidavit (a written statement) that to the best of your knowledge the order is presently in effect as written.
You may also bring a copy of the order (it does not have to be a certified copy) to the law enforcement department in your area. The law enforcement officer may ask you to swear under oath or in writing that the order is still in effect. The law enforcement officer will then enter the order into the law enforcement database, if s/he believes it to be a valid copy.
You do not need a lawyer to register your protection order. If you are confused or worried about the process, you can contact a local domestic violence organization in Vermont to ask for help from a local advocate. To find a local domestic violence organization in Vermont, please go to our VT Advocates and Shelters page.
Do I have to register my protection order in Vermont in order to get it enforced?
Police officers must enforce your protection order whether or not you register it. If it is not registered, you will need to show the officer a copy of your protection order, and you may have to swear in writing that it is still in effect.
While you do not have to register your protection order in order to get it enforced, one benefit of registration is that you may be able to get your order enforced, even if you are not carrying a copy of the order with you when the police officer arrives at the scene. Protection orders that are registered in Vermont are kept in the Vermont Protection Order Database, and Vermont police officers should have access to this registry when they come on the scene.
Will the abuser be notified if I register my protection order?
Under the federal Violence Against Women Act (VAWA), which applies to all U.S. states and territories, the court is not permitted to notify the abuser when a protective order has been registered or filed in a new state unless you specifically request that the abuser be notified.1 However, you may wish to confirm that the clerk is aware of this law before registering the order if your address is confidential.
However, remember that there may be a possibility that the abuser could somehow find out what state you have moved to. It is important to continue to safety plan, even if you are no longer in the state where the abuser is living. We have some safety planning tips to get you started on our Safety Tips page. You can also contact a local domestic violence organization to get help in developing a personalized safety plan. You will find contact information for organizations in your area on our VT Advocates and Shelters page.
1 18 U.S.C. § 2265(d)
What if I don't register my protection order? Will it be more difficult to have it enforced?
If your order is not entered into the National Criminal Information Center (NCIC) database (a national database of protection orders that some states keep records in), and you do not have a copy of your order with you when the police officer arrives, it may be more difficult to have your order enforced because it will be hard for the Vermont police officer to make sure that your order is real.
However, if you have a certified copy of your protection order with you, and if it is listed in the NCIC, then it may not matter if your protection order is registered in Vermont or not.
If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area. An advocate there may be able to help you decide what the safest plan of action is for you in Vermont. To see a list of local domestic violence organizations in Vermont, go to our VT Advocates and Shelters page.
Does it cost anything to register my protection order?
There is no cost to register your order in Vermont.