Vermont Family Law on Domestic Violence

Domestic violence crimes are not tolerated under Vermont law. The state has punishments in place for offenders and protections for victims designed to interrupt the endless cycle of intimidation, abuse, and violence.

If you’re experiencing domestic abuse in Vermont, figuring out what to do and how to protect yourself can be confusing. There’s a lot of information to sift through. To help, we’ve got answers to questions about domestic violence in Vermont, such as how to get yourself out of danger, what protections to seek, and what a future without abuse might look like.

If you’d prefer a more straightforward delivery of facts and helpful information, try FindLaw’s Vermont Domestic Abuse Laws article. Otherwise, read on to learn about domestic abuse crimes under family law in Vermont.

Does Domestic Violence Only Take Place Between a Married Couple?

It can, but it’s not limited to spouses. Anyone considered a family or household member under Vermont family law qualifies. They must share one of the following relationships with someone for an offense to be domestic abuse:

• Spouses
• Former spouses
• Family members by marriage
• Family members by blood (consanguinity)
• People in a sexual relationship or who were in a sexual relationship
• People sharing a home or who shared a home
• People living together or who lived together
• People who are dating or have dated (with or without having sex)

Dating relationships are examined by the court to determine if the relationship is developed enough to be eligible for a domestic violence crime. If those involved aren’t considered family or household members, the crime is still committed. A sexual assault that isn’t deemed domestic violence is still sexual assault and subject to prosecution.

Do All Domestic Violence Crimes Involve Physical Assault?

Many of the crimes considered domestic violence under family law in Vermont are physical in nature, but other types of abuse qualify as well. Domestic violence is about gaining, maintaining, and exerting control over a victim. The types of crimes considered domestic violence in Vermont are:

• Child abuse
• Sexual assault
• Stalking
• Causing physical harm
• Attempting to cause physical harm
• Causing fear of imminent serious physical harm

Any of these crimes is a domestic violence offense when committed against someone considered a family or household member. Intimidating a victim with the threat of physical violence is a domestic abuse offense, even if the abuser doesn’t cause actual physical harm. Having domestic violence attached to a charge often enhances the penalty.

What Can I Do To Keep My Abuser Away From Myself and My Kids?

If you’re being abused or feel in danger of imminent physical harm, call law enforcement first. Law enforcement officers in Vermont receive special training for handling domestic dispute calls. If your abuser is arrested for a domestic violence offense, certain powerful protections become available to you. Depending on the crime, your abuser might be incarcerated as well.

If possible, it’s a good idea to have a plan in place with options for different situations. There are both state programs and domestic violence assistance organizations that can help.

Available in both temporary and permanent forms, Vermont Relief From Abuse (RFA) orders are a powerful tool for preventing further domestic violence from an abuser. Carrying specific conditions tailored to each case, these court orders offer protection to victims and impose penalties on violators.

An ex parte temporary RFA order is what a victim applies for if they’ve suffered abuse that qualifies as domestic violence or feel harm is imminent. Victims, also known as petitioners, file for a temporary order in the Family Division of their local Superior Court. Victims can apply for an RFA when the courts are closed by calling the Judiciary‘s after-hours number: 800-540-9990.

Petitioners have four options for filing their RFA:

• Bring the completed forms to the courthouse
• Fill out the forms at the courthouse
• Email the forms and call to alert the court
• E-file the documents and call to alert the court

If the court rules that abuse occurred and the threat of further abuse exists, an ex parte RFA is issued. They do not need to hear from the abuser, known as the defendant, to approve the ex parte RFA. It will be served by law enforcement and may contain conditions, including:

• Surrendering all firearms and not possessing firearms while the RFA is in effect
• Leaving a shared dwelling and not returning unless on a scheduled appointment to get personal belongings and accompanied by law enforcement
• No contact with the victim, their children, or their family
• No contact with the victim at their residence, work, or other specified locations
• No abuse of the victim
• No violation of the victim’s personal freedoms
• Abiding by any temporary custody orders or restrictions on parental rights
• No mistreatment of any shared household animal

The court can impose any protection it considers necessary on an RFA. A temporary RFA remains in effect until the court hearing for a permanent relief from abuse order takes place. The hearing is often held within two weeks of the defendant being served. Both sides offer their version of what happened, present evidence, and call witnesses at the case hearing.

If either the defendant is incarcerated for a domestic violence crime or the court feels the danger of further abuse still exists, a permanent RFA is issued. The duration of this final order is determined on a case-by-case basis, and the petitioner can request an extension before it expires.

All ex parte conditions can be part of the permanent RFA. It can also include:

• Ordering the defendant to return all personal documentation, such as passports, licenses, and other legal documents
• Ordering the defendant to pay up to three months of spousal support or child support
• Assigning permanent custody of household animals

As with ex parte orders, the court may include any condition in a permanent RFA to ensure the victim’s safety. The Violence Against Women Act (VAWA) ensures that Vermont RFAs are valid in all U.S. states and territories.

Vermont‘s Legal Help website offers a step-by-step walkthrough of the RFA filing process. Some steps include a video to help as well.

Are There Other Protections Available in Vermont?

There are other situational types of protection for victims of domestic violence in Vermont. The Safe at Home program offers address confidentiality, which helps keep an abuser from finding a victim who has moved. A fictitious address in Montpellier is used for all public records, and mail is forwarded to the victim’s residence.

State programs such as voter registration and driver’s license records are covered by Safe at Home, but real estate transactions are public records and cannot be concealed.

Victims of domestic abuse who are in a rental property have special rights as well. They can request:

• A change of locks
• Additional security measures, such as cameras
• Release from a lease agreement without penalty

The landlord has the right to see court papers as proof of domestic violence. They cannot share any information with the abuser, even if the abuser’s name is on the lease.

If you don’t qualify as a victim of domestic violence, that doesn’t mean you don’t have protections available. Depending on the crime, Vermont offers different types of restraining orders. If you’re not sure what you qualify for, consult Vermont‘s protective order chart.

Victims of both domestic violence and other offenses can seek protection against abusive litigation. This forces abusers to ask permission from the court to file any litigation against their victims. The court won’t permit it if the filing is intended to harass, stalk, or intimidate the victim.

What Should I Do if They Violate the Protective Order?

Call law enforcement as soon as possible. If your abuser violates an RFA in any manner, they’ll discover that Vermont is serious about RFA enforcement. A threat to violate an RFA is also a violation. RFAs work best when the victim contacts law enforcement for any and every violation.

Intentional violations of an RFA, either by doing something or not doing something they were supposed to, can lead to up to a year in jail and a fine of up to $5,000. A first violation involving an assault charge, or any subsequent violation, carries a penalty of up to three (3) years in prison and a fine of up to $25,000. That’s in addition to charges for any crime committed during the violation. Mandatory mental health counseling or sex offender treatment can be ordered at the defendant’s expense.

Can I Sue My Abuser?

You can sue your abuser to recover damages for lost wages, medical bills, or pain and suffering, to name a few. Vermont small claims courts handle cases of up to $10,000. If suing for more in Superior Court, it’s not a bad idea to consult a Vermont family law attorney.

How Do Domestic Violence Charges Affect Divorce and Child Custody?

Permanent RFAs are admissible as evidence in divorce and custody cases between the victim and the abuser. Vermont family law allows the court to determine if the abuser is permitted to see any children and under what restrictions it deems necessary. It can ban the abuser from seeing them at all if it feels the risk is too great.

“Intolerable severity” is grounds for divorce in Vermont, and domestic violence convictions are admissible as evidence. Being separated for at least six (6) months also works.

Additional Resources

• National Domestic Violence Hotline (800.799.7233)
• Relief From Abuse Roadmap – VTLawHelp.org
• Domestic Violence FAQ
• Vermont Network Against Domestic Violence
• State of Vermont Domestic Violence Resources

Domestic Violence Issues in Vermont? Speak with an Attorney

If you are a victim of domestic violence from a family member or an abusive partner and are in immediate danger, call 911. Both Vermont and rescue organizations can help with domestic violence. A skilled Vermont family law attorney can make sure you access protections to keep you safe from sexual violence, aggravated domestic assault, and all other types of domestic violence abuse.

If you have been served with a temporary order or protection and require legal assistance, contact a Vermont criminal defense lawyer. They can review your case, explain your options, and represent you in legal proceedings.