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How To Get A Restraining Order In Vermont
A restraining order, called a Relief from Abuse Order in Vermont, is a rule from the court that helps keep a person safe if someone they live with has hurt them, scared them, or threatened them. To get this protection, a person files a request with the Family Division or sometimes the Civil Division of the Superior Court, explaining what happened and why they need help. The judge can quickly issue a temporary order that stops the abusive person from contacting or approaching the victim and can decide who stays in the home or has temporary custody of children. A hearing is held soon afterward to decide if the order should be extended. Situations that usually lead to a restraining order include physical violence, threats, stalking, or other serious actions that cause fear for safety. Individuals can learn more by checking Vermont civil court records, as any restraining order that is granted becomes part of these official records.
Types Of Restraining Orders in Vermont
People in Vermont can ask the court for different kinds of restraining orders to help keep them safe from harm or threats. Each type is used for a certain situation, depending on who is causing the problem and what they have done. The most common types of restraining orders per Vermont Laws include:
Relief from Abuse Order: This protects someone who has been hurt, threatened, followed, or sexually harmed by a family member or someone they live with.
Order Against Stalking: This keeps a person safe from someone who keeps following or bothering them again and again, even if that person is not part of their family.
Order Against Sexual Assault: This protects someone who has been sexually attacked by a person who is not part of their family or household and stops that person from coming near them.
Extreme Risk Protection Order (ERPO): This is a rule that can take away a person's guns for a while if there is strong proof they might hurt themselves or someone else.
Are Restraining Orders Public Records In Vermont?
Yes. Most restraining orders in Vermont are public court records that almost anyone, such as employers or landlords, can view by asking the court, as described in the Vermont Rules for Public Access to Court Records, Rule 4. However, Rule 6(b) explains that some records stay private, like the first complaint and sworn statements filed before a hearing, any documents the judge decides to seal, and notes or drafts created by judges and court staff.
How To Lookup Restraining Orders In Vermont
Restraining orders can be looked up by visiting a courthouse clerk's office to use public access terminals or request case files by name or docket number. Online access is limited because the state's Public Portal generally does not display family-related filings like domestic abuse orders due to privacy protections.
Most court records are open for people to see, but private information like health issues, money matters, or anything about kids is usually blocked or kept secret. Only the people in the case, their lawyers, or someone with special permission from a judge can see everything in the record. Some basic facts may show up on third party websites, but that information is often missing parts or out of date.
Can You Lookup A Restraining Order Online?
No. One cannot look up the full text of a restraining order online in Vermont. The Public Portal only shows limited docket information—such as filing dates and case numbers—and full "Relief from Abuse" documents are available only to the parties involved, their attorneys, or anyone holding a court order.
How To File A Restraining Order In Vermont
To file a restraining order in Vermont, a person must first select the correct type of order based on the situation. After choosing the right order category, the petitioner completes the required Judicial Council or local court forms, which typically include a complaint or petition describing what happened and an affidavit swearing the facts are true (for example, Complaint for Relief from Abuse (Form 400-00150C), Affidavit in Support of Relief from Abuse, Confidential Notification for Relief from Abuse, Complaint for Order Against Stalking, Complaint for Order Against Sexual Assault, Declaration in Support of Request for Order Against Stalking or Sexual Assault, Confidential Address Form for Stalking or Sexual Assault, Petition for Extreme Risk Protection Order, Affidavit in Support of Extreme Risk Protection Order Complaint, and Protection Order Service Information). These forms can be downloaded from the official Vermont Judiciary website.
After filling them out, the person asking for protection files the papers at the right court. Most cases with family or people one lives with go to the Family Division, while stalking and sexual assault cases usually go to the Civil Division. When the forms are turned in, the clerk will schedule a hearing, often within a few days. If the situation is very serious, the person can ask the judge for a temporary order the same day to stay safe until the full hearing happens.
After filing, the person must make sure the respondent (the person the order is against) gets copies of all the papers, including any temporary order. This is usually done by a sheriff or an official process server to prove the respondent was properly told about the case and the court date.
If someone under 18 needs a restraining order, a parent, guardian, or another grown-up they trust must fill out forms like the "Complaint for Relief from Abuse on Behalf of a Child", "Affidavit in Support of Relief from Abuse Complaint for Child", and "Complaint for Order Against Stalking on Behalf of a Minor". For older adults or people who cannot take care of themselves, a guardian, caregiver, or someone chosen to help can file the papers. They also have to complete forms available on the Relief from Abuse, Neglect, or Exploitation of a Vulnerable Adult web page.
Can You File A Restraining Order For No Reason In Vermont?
No. One cannot file a restraining order in Vermont without a valid reason. Under Vermont law (15 V.S.A. § 1103), the person requesting the order must show by a preponderance of the evidence—meaning it is more likely than not—that abuse has occurred and that there is a risk of further harm. Without this proof, a judge will not issue the order.
What Proof Do You Need For A Restraining Order In Vermont?
A person asking for a restraining order in Vermont must show that it is more likely than not that abuse happened. This means they need to give the judge strong proof that supports their story.
This proof can include things like police reports that describe past incidents, text messages or emails that show threats or harassment, medical records and photos of injuries, statements from witnesses who saw what happened, and written threats such as letters or voicemails. The judge looks at all of this carefully and decides if the abuse probably happened. If the judge agrees, a restraining order will be given.
How Long Does It Take To Get A Restraining Order In Vermont?
Temporary ("ex parte") relief can often be granted the same day a petitioner files—or even the same night via the after-hours police station process—when one requests a temporary order to fill the gap until a full hearing. The court then schedules the full hearing, which in most counties falls within ten business days of filing (roughly two weeks).
How Long Does A Restraining Order Last In Vermont?
Emergency (ex parte) orders expire at the first hearing, which must be held no more than 14 days after issuance (15 V.S.A. § 1104(b)). Temporary orders granted at that hearing remain in effect until the final hearing—typically scheduled within 10–14 days of filing. Final Relief from Abuse orders are issued for a fixed period set by the court and may be extended on motion of the petitioner before they expire (15 V.S.A. § 1103(e)).
How Much Does A Restraining Order Cost in Vermont?
Filing a relief-from-abuse order in Vermont generally costs nothing (15 V.S.A. § 1103(f)). However, the petitioner is responsible for:
- Process-service fees (typically $13 per person served by the sheriff)
- Paper copies of court documents at $0.25 per page (minimum $1)
- Certified copies at $5 each
- Postage for requests involving older cases (about $7.50)
Because violence-related filings are exempt from filing fees and fee waivers for service and copy costs are widely available, many victims pay nothing at all.
Can You Cancel A Restraining Order In Vermont?
Yes. Either the person who asked for the order or the person it is against can ask the court to change or end a Relief from Abuse order. They fill out a Motion to Modify, Extend, or Vacate the order (Form 400-00153 and Form100-00254) and turn it into the same court that issued the order (usually the Family Division for family matters or the Civil Division for stalking and sexual assault cases). They must include a written statement (called an affidavit) saying why they want the order changed and give a copy of both papers to the other person, then show the court they did. The court will hold a hearing about 10–14 days later, where each side can tell their story and share any proof.
Under 15 V.S.A. § 1103(e), the judge may extend an order upon motion of the plaintiff or may modify or vacate it at any time upon motion by either party, provided there is a substantial change in circumstances. After the hearing, the judge will approve, alter, or deny the requested change.
