Vermont Restraining Orders: Filing, Hearings, and Penalties

To get a restraining order in Vermont, you file a free complaint and a sworn affidavit at the Family Division of the Superior Court, and a judge reviews it the same day and can issue a temporary order on the spot. Vermont restraining orders come in three forms: a Relief from Abuse (RFA) order if the person is a family or household member, an order against stalking or sexual assault if they are not, and an Extreme Risk Protection Order aimed specifically at firearms. All three are free to file, and you can start the process at any hour.

Which Order Fits Your Situation

The RFA is the most common. It applies when the person harming you is a family or household member, which Vermont defines broadly to include anyone you currently live with or have lived with, anyone you have or had a sexual relationship with, anyone you are dating or have dated, people who share a child, and current or former spouses. “Abuse” reaches further than physical harm: it includes putting you in fear of serious physical harm, stalking, sexual assault, and coercive controlling behavior. A pattern of controlling behavior by a household member can be enough on its own.¹

If the person is a coworker, acquaintance, neighbor, or stranger, you file an order against stalking or sexual assault instead. Stalking means a purposeful course of conduct that would cause a reasonable person to fear for their safety or suffer substantial emotional distress. A course of conduct means at least two acts of following, monitoring, surveilling, or threatening, and it also covers using electronic tools to track your location or monitor your online activity for 12 or more hours or on two or more occasions.²³

The third type, an Extreme Risk Protection Order (ERPO), does not order someone to stay away or stop contact. It only prohibits a person from buying, possessing, or controlling firearms and explosives when they pose an extreme risk of harming themselves or someone else, and it requires clear and convincing evidence, a higher bar than the other two orders.⁴ If you need distance from a person and firearm removal, an RFA or stalking order can do both.

Any family or household member can file an RFA on their own behalf or on behalf of their children. Minors 16 or older can file on their own, and a minor of any age in a dating relationship can also file independently.⁵⁶ Minors 16 and older can also file stalking or sexual assault complaints on their own behalf.³

How to File

There is no filing fee for any Vermont protection order.⁷³⁴

For an RFA, you complete two main forms: a Complaint for Relief from Abuse, which identifies you and the person you need protection from, and an Affidavit, where you describe under oath what happened. A separate service information form tells law enforcement how to find the other party. Forms are available at the Vermont Judiciary website or from any Superior Court clerk’s office.

The affidavit is the document that carries the most weight. Write about specific incidents: dates, locations, what was said and done, and whether weapons were involved. Include a physical description of the other party and their address, workplace, or other locations where they can be found so the sheriff can serve them. Court clerks can point you to resources but cannot give legal advice.

During regular business hours (Monday through Friday, 8:00 a.m. to 4:30 p.m.), file at the Family Division of the Superior Court. A clerk reviews your forms and a judge evaluates your affidavit the same day, usually while you wait. This is called an ex parte review because the judge decides without the other party present.

After-Hours and Emergency Filing

You can apply for an RFA at any time, including nights, weekends, and holidays.⁷ After hours, call the Vermont Judiciary’s emergency line at 800-540-9990. A judge can issue a temporary order over the phone based on a sworn affidavit, and you can take the oath by phone with an authorized court employee.⁶ If you are in immediate physical danger, call 911 first.

To grant a temporary emergency order, the judge must find immediate danger of further abuse. If the judge is satisfied, the order takes effect immediately.⁶

What a Temporary Order Can Include

A temporary order can address the immediate, practical problems abuse creates. Under Vermont law, a temporary emergency order can require the other party to:

Stop all abuse and stop interfering with your personal liberty or your children’s.
Stay away from you, your children, your home, and your workplace by a fixed distance.
Stop all contact with you, whether direct, indirect, or through third parties, including phone, email, and social media.
Leave the home if you have been forced out and would otherwise lack shelter.
Surrender all firearms and stop acquiring new ones while the order is in effect.
Give up temporary custody of minor children if there is immediate danger of physical or emotional harm to them.

All of these are available at the temporary stage, before any final hearing.⁶ The temporary order stays in effect until the court dismisses it or a judge rules on your petition at the final hearing.⁸

The Final Hearing

After the temporary order issues, the court coordinates with the local sheriff’s department to serve the other party with a copy of the order and notice of the hearing date. The other party must receive actual notice before the hearing can go forward. If law enforcement can’t locate them in time, the court will continue the hearing and extend the temporary order until service is completed.⁸

At the hearing, both sides testify under oath and can present evidence. The judge decides whether abuse occurred by a preponderance of the evidence, meaning it is more likely true than not. If the judge finds abuse and a danger of further abuse, the temporary order converts to a final order with broader relief available.⁵

One point that catches people off guard: if you filed the complaint and don’t show up to the final hearing, the court will dismiss your petition. The judge may grant a continuance for good cause, but don’t count on it.⁸

What a Final Order Can Include

A final RFA order can go well beyond no-contact provisions. A single order can address the practical fallout of leaving an abusive situation and may include:

No-contact and stay-away provisions covering you, your children, your home, and other locations you frequent.
Sole possession of the home, ordering the other party to vacate immediately.
Temporary parental rights and responsibilities, including conditions for any parent-child contact and the ability to deny contact if needed to protect you or your children.
Living expenses for up to three months if the other party has a duty to support you, and temporary child support for up to three months (extendable if the RFA is consolidated with a divorce or parentage case).
Use of a vehicle if you are the owner, co-owner, primary payor on the loan, or have been restricted from using it.
Return of immigration documents, birth certificates, and identification cards.
Possession and care of household pets.
Completion of an approved domestic violence accountability program.

The judge tailors the order to the specific situation based on the evidence.⁵

Firearms Restrictions

At the temporary stage, a judge can order the other party to immediately turn over all firearms and stop acquiring new ones while the order is in effect.⁶

Federal law independently prohibits anyone subject to a qualifying final protection order from possessing, shipping, or receiving firearms or ammunition. This applies automatically when the order was issued after a hearing with notice and an opportunity to participate, restrains the person from threatening or harassing an intimate partner or child, and either includes a credible-threat finding or explicitly prohibits the use of physical force. The federal prohibition applies even if the state order says nothing about guns.⁹ The federal restriction only reaches final orders, not temporary ex parte ones, because the other party must have had notice and a chance to be heard.

How Long the Order Lasts

A final RFA order lasts for a fixed period set by the judge. When that period runs out, you can ask the court to extend it for as long as the judge considers necessary to protect you and your children. You do not need to show that new abuse happened while the order was in place to get an extension.⁵

Either party can also ask to modify the order at any time by filing a motion and showing a substantial change in circumstances. The statute specifically notes that the other party’s successful completion of a domestic violence accountability program counts as a substantial change for modification purposes.⁵

Stalking and sexual assault orders follow the same structure: a fixed period with the possibility of extension on motion, and modification available on a showing of changed circumstances.³ ERPOs last up to six months.⁴

Penalties for Violating an Order

Intentionally violating any Vermont protection order is a crime. A first offense carries up to one year in jail, a fine of up to $5,000, or both. The same penalties apply to protection orders issued by other states or tribal courts.¹⁰

A second or subsequent violation, or a first violation by someone with a prior domestic assault conviction, jumps to up to three years in prison and a fine of up to $25,000.¹⁰

If the other party violates the order, call 911 immediately, then contact the court to report the violation. Keep records of every incident: screenshots of messages, voicemails, and notes about any in-person contact. This documentation supports the criminal case and any future motion you file to extend or strengthen the order.

1
Vermont General Assembly. Vermont Code 15 V.S.A. 1101 – Definitions
2
Vermont General Assembly. Vermont Code 12 V.S.A. 5131 – Definitions
3
Vermont General Assembly. Vermont Code 12 V.S.A. 5133 – Orders Against Stalking or Sexual Assault
4
Vermont General Assembly. Vermont Code 13 V.S.A. 4053 – Extreme Risk Protection Orders
5
Vermont General Assembly. Vermont Code 15 V.S.A. 1103 – Requests for Relief
6
Vermont General Assembly. Vermont Code 15 V.S.A. 1104 – Emergency Relief
7
Vermont Judiciary. Relief From Abuse
8
Vermont General Assembly. Vermont Code 15 V.S.A. 1105 – Service
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
10
Vermont General Assembly. Vermont Code 13 V.S.A. 1030 – Violation of an Abuse Prevention Order, an Order Against Stalking or Sexual Assault, or a Protective Order Concerning Contact with a Child