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Legal Information: Vermont

Restraining Orders

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Updated: 
December 13, 2019

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 T. 12 § 5133(a)

Can a minor file for an order?

Yes. 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 T. 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:

    1. Your past sexual conduct with the abuser;
    2. Specific instances of sexual conduct that resulted in pregnancy, disease, or the presence of semen; and/or
    3. Specific instances of your past false allegations of violations of one of the following crimes:

1 VT ST T. 12 § 5133(c)