Restraining Orders

After you finish filling out your application, bring it to the court clerk. The clerk will forward it to a judge. The judge may wish to ask you questions as s/he reviews your petition. The judge will decide whether or not to issue the temporary order, and will set a date for a hearing for the final order. You will be given papers that state the time and date of your hearing for a permanent relief from abuse order. The hearing will take place within 14 days of your filing your complaint.¹

When deciding whether to give you an order, a judge must believe that the defendant has abused you and/or your children and either:

• there is a danger of further abuse; or
• the abuser is currently incarcerated and has been convicted of one of the following:
  • murder;
  • attempted murder;
  • kidnapping;
  • domestic assault;
  • aggravated domestic assault;
  • sexual assault;
  • aggravated sexual assault;
  • stalking;
  • aggravated stalking;
  • lewd or lascivious conduct with child; or
  • use of a child in a sexual performance, or consenting to a sexual performance.²

¹ VT ST 15 § 1104(b)
² VT ST 15 § 1103(c)(1)