Vermont Protective Orders Laws

Depending on where you are, protective orders may be called different things. For victims of abuse in Vermont, it doesn’t matter what they’re called as long as they offer protection. By keeping abusers away from their victims, protective orders offer a solid form of relief.

With several different orders of protection available in Vermont, it’s challenging to know which one works best for your situation. This guide takes a look at how each type of restraining order works, the protections it offers, and what you need to do to get one.

If you need to know more about domestic abuse, FindLaw’s Vermont Domestic Violence Laws article gives a thorough overview of the subject. Read on to keep the focus on protective orders in the state of Vermont.

Protective Orders in Vermont: Basics

If you’re in immediate danger, call 911.

The different types of protective orders in Vermont are keyed to certain crimes committed by certain people. There’s little to no overlap between them when it comes to victims, but many of the conditions used to restrict abusers are shared between them. While every order is tailored for each case, some provisions are common:

• The abuser must stop abusing, harassing, or threatening to abuse the victim
• The abuser may have to surrender all firearms
• The abuser must not contact the victim
• The abuser must stay away from the victim and any minor child
• The abuser may have to vacate a shared dwelling and stay away
• Temporary custody of children awarded to the victim

Protective orders may contain some of these conditions, all of these conditions, none of these conditions, or anything the court deems necessary for the victim’s safety.

Protective orders issued in Vermont are valid anywhere else in the United States, including on Native American reservations, under federal law. This applies to orders from elsewhere in Vermont as well. The state refers to these as “foreign protective orders.” Considered civil contempt of court, violators face a fine of up to $1,000 and up to six months in jail.

Violating protective orders issued in Vermont carries harsh penalties. A first violation of most types of orders can result in up to a year in jail and a fine of up to $5,000. A second offense, or a first one involving domestic or aggravated assault, means up to three years in prison and a fine of up to $25,000.

The courts can also mandate participation in mental health counseling or sex offender treatment. This is in addition to any penalties from convictions of criminal acts committed during the order violation.

Protective Orders in Vermont: Types of Orders

The protective order you apply for will depend on both the criminal act committed and your relationship with the other person involved. No Vermont protective order covers all situations, so let’s look at what’s available to make it clear which one’s for you.

Relief From Abuse Order (RFA)

Relief from abuse orders (RFAs) are designed to help victims of domestic abuse. To qualify as eligible for RFA protection, the offense must fit the definition of domestic abuse. The victim and the abuser must be considered family or household members, which means they share one of the following relationships:

• Spouses
• Former spouses
• Family members by consanguinity (blood relatives)
• Family members by marriage (stepfamily or in-laws)
• People who are sharing a home or have shared a home
• People who are living together or have lived together
• People who have a sexual relationship or have had a sexual relationship
• People who are dating or have dated (the court rules on whether a relationship qualifies)

If people who fit one of the categories above have an abusive crime committed between them, it’s domestic violence. Domestic violence abuse acts in Vermont are:

• Stalking
• Sexual assault
• Abuse of children
• Causing physical harm
• Attempting to cause physical harm
• Causing fear of imminent physical harm
• A pattern of coercive and controlling behavior

If the conditions are met, the victim is eligible for an RFA. RFAs come in two forms: temporary ex parte RFAs and permanent RFAs. While victims can file for relief on their own, it’s a good idea to get help from an advocate.

If you’ve been abused or feel that abuse is imminent, call 911. Law enforcement agencies can help you begin the filing process and may arrest your abuser if they see just cause.

The first step is petitioning for a temporary ex parte RFA. Some forms need to be filled out, including an affidavit detailing what happened. These can be emailed, taken to the Family Division of the courthouse, or filled out there. If you need relief and the courts are closed, call the Vermont Judiciary‘s after-hours number to begin the process: 800-540-9990.

Next, you’ll speak with a judge, who’ll review your petition and ask you questions. If the court agrees that a threat of domestic violence exists, a temporary ex parte RFA is issued. Your abuser isn’t present for this (“ex parte“), and law enforcement serves the order to them. The temporary RFA lasts until the court hearing, which is scheduled within 14 days.

At the hearing, both sides offer their version of what happened, present evidence, and call witnesses, including law enforcement officers. If the preponderance of evidence proves abuse occurred and could occur again, the court can make the RFA into a permanent order. The duration is up to the judge, and permanency is possible.

Amendments and additions to the conditions are common. These include rulings on child custody, child support, and any other matters the court deems necessary.

Relief From Abuse for a Vulnerable Adult

An RFA order for a vulnerable adult works much the same way a regular RFA does. The main difference is that this RFA doesn’t require the abuser to be a family or household member. The victim’s abuser could be a caregiver or someone involved with the adult’s well-being.

Protections are focused on removing the abuser from the victim’s life. Penalties for violation of a vulnerable adult RFA depend on the offense. Crimes committed during a violation face separate prosecution.

Order Against Stalking/Order Against Sexual Assault

These civil court restraining orders are for victims of either stalking or sexual assault by someone who isn’t a family or household member. In Vermont, stalking is considered repeated following, surveillance, monitoring, or threatening, while sexual assault covers abusive sexual crimes.

Unlike RFAs, sexual assault and stalking protective orders are filed in Civil Court. Otherwise, they follow the same procedure of petitioning for a temporary order before a court hearing on a final protective order. If the danger of further abuse exists, the conditions will focus on keeping the abuser away from the victim and ceasing all contact.

The court determines the period of time for the final order. Permanency is an option. Violations carry up to six months in jail and a fine of up to $1,000 in addition to penalties for criminal acts.

Extreme Risk Protection Order (ERPO)

Extreme risk protection orders (ERPO) are also known as red flag laws. They’re court orders filed when it’s believed that someone with access to firearms is a danger to both themselves and others. ERPOs are designed to separate the person named in the order (respondent) from firearms to lower the possibility of violence.

ERPOs are filed by Vermont state attorneys, the attorney general’s office, or family and household members of the respondent. Like RFAs, a temporary ex parte order is issued by the court before a hearing within 14 days. The respondent can argue to keep their firearms by explaining why they’re not a threat.

If the court agrees that the ERPO is necessary, a final ERPO is issued with a duration of six months. If the order expires or an extension is refused, the respondent has 90 days to reclaim their firearms. Refusal to surrender weapons under a temporary ERPO carries a fine of up to $1,000 and up to a year in jail. Violations of the order incur up to six months in jail and a fine of up to $1,000.

Vermont Protective Orders Laws: Additional Information

• National Domestic Violence Hotline (800.799.7233)
• Vermont Network Against Domestic Violence
• Vermont Court Locator
• Vermont Family Law on Domestic Violence
• Relief From Abuse Roadmap – VTLawHelp.org
• Vermont Judiciary Forms

Need More Help? Contact an Attorney

If you’re facing imminent danger or are in fear of imminent serious physical harm, call 911 or get to law enforcement officers in any way possible. Being the victim of domestic violence can be traumatic and frightening, and it can feel overwhelming to try to pursue an order of protection.

If you’re ready to escape the endless cycle of abuse, consider contacting a Vermont family law attorney near you. An expert in Vermont law can get you temporary relief to stop the sexual violence, lascivious conduct, and all other sorts of abuse you’re suffering from.

If a Vermont protective order has been issued against you, speaking with a Vermont criminal defense attorney should be your first move. Your entire future is in jeopardy. A lawyer can examine your case, explain your options, and represent you in all legal proceedings.