Restraining Orders

To file for a protective order against stalking or sexual assault, you must go to the Civil Division of the Superior Court in the county where you live.¹ If you have left your home to avoid being stalked or sexually assaulted, you can file in either the county you used to live in or the county you’re living in now.²

¹ VT ST 12 § 5132(a); see also Protective Orders on the Vermont Judiciary website
² VT ST 12 § 5132(b)

These are the basic steps to getting an order:

Step #1: Go to the Civil Division of the Superior Court to file a complaint and sworn statement asking for an order. You can find forms for this on our Vermont Download Court Forms page. You can file for a sexual assault order at any time, but a stalking complaint must be filed during regular court hours.¹

Step #2: The judge will review your paperwork and may question you. The judge may then grant a temporary ex parte order and set a court date for a hearing on the final order.

Step #3: The abuser must be notified of the complaint, temporary ex parte order, and the hearing through a process called “service” before the hearing date. You can use a law enforcement officer to notify (serve) the abuser personally - you cannot deliver the papers yourself. The person serving the complaint must file a “return of service” with the court, which lists the date, time, and place that the abuser was served. This is your proof that the abuser was served correctly if they do not show up to court for the hearing. If the abuser can’t be served before the court date, you can ask the judge for more time. The judge will determine how much time is needed to complete service.²

Step #4: After the abuser is served, you will have a hearing in court on the scheduled hearing date. During this hearing, you must prove to the judge that the abuser has stalked or sexually assaulted you through witnesses, testimony, and other evidence. If the abuser was criminally convicted, you can tell the judge that.³ The abuser has a right to offer evidence that they did not stalk or sexually assault you. You may want to have an attorney represent you at the hearing. Go to our Vermont Finding a Lawyer page for free and paid legal referrals. If you have to represent yourself, you can find some helpful information on our Preparing for Court page.

Note: During the hearing, the judge can consider the defendant’s past behavior as relevant evidence of future harm, but in general the judge cannot consider evidence about your reputation or past sexual conduct. However, there are exceptions to this rule.⁴ For more information, see Can my past sexual history be used against me in court?

¹ VT ST 12 §§ 5133(a), (h); 5136(b); see also Protective Orders on the Vermont Judiciary website
² VT ST 12 § 5135
³ VT ST 12 § 5133(d)
⁴ VT ST 12 § 5133(c)