Resource for a Recourse: Online Resource Center for Survivors of Abuse

VERMONT : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Domestic abuse means the occurrence of one or more of the following acts between family or household members:

attempting to cause or causing physical harm
placing another in fear of imminent serious physical harm
abuse to children
stalking
sexual assault

You are eligible to file for a Relief from Abuse Order if you have been abused by:

Someone you are living with or have lived with,
Someone you share or have shared a dwelling with,
Someone you are having or used to be having a sexual relationship with,
Someone you are dating or have dated ("Dating" means a social relationship of a romantic nature.), or
A spouse or former spouse, or
A family member, related by blood or marriage.

This definition includes same-sex couples who have lived together or dated. Please remember that it is up to the judge, so please talk to someone at a local domestic violence organization if you need protection from a same-sex partner to help determine how a judge will rule and how best to position your case.

If you are a teen, you may also apply for a Relief from Abuse order against a current or former dating partner. However, courts are not consistent and some may require that a parent or guardian be present at your hearing or help you file. Please talk to someone at a local organization to help you with your case and to determine how the court in your area handles situations like this.

Types of protective orders:

Temporary Relief from Abuse Order (temporary RFA)

This offers you protection from the time you file your complaint until the court hearing that you must have in order to receive a Permanent Relief from Abuse Order (RFA), which usually takes place within 10 days. Temporary RFA's are granted if the judge believes that one is necessary to prevent immediate harm to you or your family. You may receive a temporary order without the knowledge of the abuser, or his presence in the courtroom. However, he will know about it when the court "serves" him with (gives him a copy of) the order.

A Permanent Relief from Abuse Order (RFA)

This designed to offer you longer-lasting and more comprehensive protection than a Temporary Relief from Abuse Order (temporary RFA). A RFA can be issued only after a court hearing in which you and the abuser both have a chance to tell your sides of the story. Most RFA's expire after one year, but you may be able to have it extended.

A Stalking and Sexual Assault Prevention Order

This designed to give you relief for a fixed amount of time. The time can be extended to protect you or your children, or both.

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Benefits:

A Relief from Abuse Order can:

Order the abuser to stop contacting you and/or your children
Order the abuser to stay away from your work, children's school or other locations you specify
Order the abuser to stop abusing you and/or your children and interfering with your or and/or your children's personal liberty
Order the abuser to vacate immediately any residence you share with him or her
Award temporary rights and responsibilities (temporary custody) of minor children to you or other persons
Order the abuser to pay you spousal support for up to three months
Order the abuser to pay you child support
Deny the abuser the right to visitation of your children if he has been convicted of committing or attempting sexual assault, lewd and lascivious conduct, kidnapping or sexual exploitation of children. (For a full list, see Sec. 1115 in VT Legal Statutes)
Order your abuser to hand over any firearms in his possession to the authorities and forbid him from buying firearms for the length of the order.
Decide the possession, care and control of any animal owned or kept in the home.
Anything else you need to keep you and/or your children safe.

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Costs:

There is no fee for filing a Relief from Abuse Order.

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Violations:

Call the police or sheriff, even if you think it is a minor violation. An abuser can be arrested, fined, or imprisoned or both. It is a good idea to write down the name of the responding officer(s) and their badge number 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 will help you have the order extended or modified.

If the police do not believe there is enough evidence to arrest an abuser who has violated the order, you may file contempt of court charges against the abuser in a civil court (family court section of district court). There may also be criminal penalties for a violation of a Stalking or Sexual Assault Order. 10 If you have moved to a new county you may be able to file civil charges in your new area, or the court may have to return to the court where you received your order originally. You will have to prove that the abuser violated the order.

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