This section defines domestic abuse for the purposes of getting a relief from abuse order.  Domestic abuse means that one or more of the following are done between family or household members:

• attempting to cause or causing physical harm;
• placing someone in fear of immediate (“imminent”) serious physical harm;
• child abuse;
• stalking (see subsection (6));
• sexual assault (see subsection (5)); or
• coercive controlling behavior.¹

Coercive controlling behavior means a pattern of behavior that unreasonably interferes with someone’s free will and personal liberty, including:

• isolation from friends, relatives, or other sources of support;
• preventing access to basic necessities;
• controlling or monitoring movements, communications, daily behavior, finances, economic resources, or access to services;
• using force, threat, or intimidation, including threats based on immigration status, to make the victim:
  
  • act in a way the victim has the right not to act; or
  • not act in a way the victim has the right to act;
• animal cruelty meant to intimidate the victim; or
• forced sex acts or threats of a sexual nature, including:
  
  • threatened acts of sexual conduct;
  • threats based on the victim’s sexuality; or
  • threats to release sexual images.²

¹ VT ST 15 § 1101(1)
² VT ST 15 § 1101(2)

An ex parte temporary relief from abuse order can:

• order the abuser to stop contacting you and/or your children directly, indirectly, or through a third party, including in writing or by telephone, e-mail, or other electronic communication;
• order the abuser to stop abusing and interfering with the personal liberty of you and/or your children;
• order the abuser to stay a certain distance away from you, your children, your home, and your work;
• order the abuser to not mistreat or kill any animal (pet) owned or possessed by you, the defendant, or a minor child living in the household;
• If the abuser forced you and/or your children out of the home and you have no where to go, the judge can order the defendant to immediately leave the home and order that you have sole possession of the home; 
• grant you temporary custody of your children if the judge believes that there is an immediate danger of physical or emotional harm to the children; and
• order the abuser to immediately give up his/her firearms and to not get any new firearms while the order is in effect.¹

A permanent relief from abuse order can:

• order the abuser to stop contacting you and/or your children directly, indirectly, or through a third party, including in writing or by telephone, e-mail, or other electronic communication;
• order the abuser to stay away from you and/or your children, your work, children’s school or other locations you specify;
• order the abuser to stop abusing and interfering with the personal liberty of you and/or your children;
• order the abuser to immediately leave the home you share with him/her and give you sole possession of the home;
• award temporary rights and responsibilities (temporary custody) of minor children to you and give the defendant parent-child contact under such conditions as are necessary to protect the you and/or the children from abuse;
• order the abuser to pay you spousal support for up to three months;
• order the abuser to pay you child support for up to three months;
• decide the possession, care and control of any animal owned or kept by you, the abuser, or a child in the home;
• order that the defendant return to you any personal documentation in his/her possession, including immigration documentation, birth certificates, and identification cards for you and/or your children;² and
• anything else you need to keep you and/or your children safe.

Whether a judge orders any or all of the above depends on the facts of your case.

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

When you and the abuser live in different states, the judge may not have “personal jurisdiction” (power) over an out-of-state abuser. This means that the court may not be able to grant an order against him/her.

There are a few ways that a court can have personal jurisdiction over an out-of-state abuser:

1. The abuser has a substantial connection to your state. Perhaps the abuser regularly travels to your state to visit you, for business, to see extended family, or the abuser lived in your state and recently fled.
2. One of the acts of abuse “happened” in your state. Perhaps the abuser sends you threatening texts or harassing phone calls from another state but you read the messages or answer the calls while you are in your state. The judge could decide that the abuse “happened” to you while you were in your state. It may also be possible that the abuser was in your state when s/he abused you s/he but has since left the state.
3. If you file your petition and the abuser gets served with the court petition while s/he is in your state, this is another way for the court to get jurisdiction.

However, even if none of the above apply to your situation, it doesn’t necessarily mean that you can’t get an order. If you file, you may be granted an order on consent or the judge may find other circumstances that allow the order to be granted.

You can read more about personal jurisdiction in our Court System Basics - Personal Jurisdiction section.

Note: If the judge in your state refuses to issue an order, you can file for an order in the courthouse in the state where the abuser lives. However, remember that you will likely need to file the petition in person and attend various court dates, which could be difficult if the abuser’s state is far away.

You can be eligible to file for a relief from abuse order if you have been abused by a family or household member, which includes any of the following:

• someone with whom you are living with or have lived;
• someone with whom you share or have shared a home;
• someone with whom you are having or used have a sexual relationship;
• someone you are dating or have dated;
• a spouse or former spouse; or
• a family member, related by blood or marriage.¹

A minor of any age who is in a dating relationship can file against a dating partner.  However, to file in one of the other categories, the minor must be at least 16 years old to file on his/her own.²  

Note: 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.³

¹ VT ST 15 § 1103(a)
² VT ST 15 § 1104(a)
³ VT ST 15 § 1103(c)(1)

A minor of any age who is/was in a dating relationship can file against a dating partner. However, to file in one of the other categories, the minor must be at least 16 years old to file on his/her own. If s/he is younger than 16, his/her parent (or legal guardian) can file for him/her.¹

¹ VT ST 15 §§ 1103(a), 1104(a)

While it is not necessary to hire a lawyer to file for a relief from abuse case, it may be in your interest to hire an attorney, especially if the abuser is represented by one.  A domestic violence organization in your area may be able to refer you to an attorney or legal aid service that will take your case for free.  Go to our VT Finding a Lawyer page to find help in your area.

Go to the family division of the superior court (family court) in your area.  You can find a court near you by going to our VT Courthouse Locations page. Find the court clerk and request a petition for a relief from abuse order, and also tell the clerk if you want an ex parte temporary relief from abuse order.  You can also find links to petitions online by going to our VT Download Court Forms page.

Weeknights and weekends, you can apply for an ex parte temporary relief from abuse order at your local police station. You can call the after-hours temporary relief from abuse order telephone number: 800-540-9990.  A family court clerk will be in contact with either you or the police and usually will meet you at the police station. In exceptionally dangerous circumstances or in cases of physical disabilities, other arrangements may be made with the family court clerk. 

A domestic violence worker may be able to help you file the complaint both during business hours and after hours or you can go alone and get assistance from a court clerk.  To find a domestic violence organization in your area, see VT Advocates and Shelters.

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)

Whether a judge grants you a temporary order or not, you may be given a court date for a hearing on your petition within ten business days (assuming that your petition is not dismissed).  The hearing will be in front of a judge, who will decide whether or not to give you a final relief from abuse order.¹

It is very important that you attend the court hearing.  If you do not go to the hearing, your temporary order will expire and you will have to start the process over.  If you absolutely cannot attend, contact the court immediately and ask how you can get a “continuance” for a later court date.

If the abuser was served and does not attend the hearing, the court may issue a “default judgment” against him/her and you may receive a final relief from abuse order in his/her absence.  The judge also may decide to pick a new hearing date to give the abuser another chance to come to court.  If this happens, be sure to ask the judge to extend your temporary order if you have one.

At the hearing, you will have the chance to testify in court and present evidence and witnesses to prove the abuse and harassment you have experienced.  The abuser will also be allowed to be present evidence and testify in the hearing to defend himself/herself.  You may want to get a lawyer to represent you at that hearing, especially if you think the abuser will have one.  Go to our VT Finding a Lawyer page for a listing of free and paid lawyers.  If you are going to be in court without a lawyer, you can visit our At the Hearing section for ways that you can show the judge that you were abused. You can learn more about the court system in our Preparing for Court – By Yourself section.

Here are some things you may want to consider doing. However, you will have to evaluate each one to see if it works for your situation.

• Review the order before you leave the courthouse. If something is wrong or missing, ask the clerk to correct the order before you leave.
• Make several copies of the order as soon as possible.
• Keep a copy of the order with you at all times.
• You may want to leave copies of the order at your work place, at your home, at the children’s school or daycare, in your car, with a sympathetic neighbor, and so on.
• Give a copy to the security guard or person at the front desk where you live and/or work along with a photo of the abuser.
• Give a copy of the order to anyone who is named in and protected by the order.
• If the court has not given you an extra copy for your local law enforcement agency, take one of your extra copies and deliver it to them.
• You may wish to consider changing your locks (if permitted by law) and your phone number.

You can call the police even if you think it is a minor violation. Intentionally violating a relief from abuse order can be put in jail for up to one year, fined up to $5,000, or both. The penalties increase can increase to up to three years in prison and up to $25,000 in fines (or both) if s/he has a prior conviction for violating a sexual assault or stalking protective order, a relief from abuse order, or an order preventing contact with a child or if s/he a prior conviction for domestic assault or aggravated domestic assault.¹

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 may help you have the order extended or modified in the future. It is a good idea to write down the name of the responding officer(s) and their badge numbers in case you want to follow up on your case.

You also have the option for filing for contempt in the court where your order was issued.

For more information about contempt, including the difference between criminal contempt and civil contempt, go to our general Domestic Violence Restraining Orders page.

¹ VT ST 13 § 1030(a),(b)

Abusers often misuse court proceedings in order to continue the abuse. This is called abusive litigation. If you are the victim of abusive litigation by someone who the court has already determined committed abuse, stalking, or sexual assault against you, you can ask the judge to issue an order restricting abusive litigation. See our Litigation Abuse section for more information on how to do this.

If the judge grants your request for an order restricting abusive litigation, the abuser’s current case will be dismissed or denied. The judge may also award you attorney’s fees and the costs of responding to the abusive litigation.¹

Afterwards, the abuser will be required to submit any future cases to the court for review before anything can be served on you.² The judge would then either issue an order that allows the case to go forward or prohibits the case from continuing. If the abuser serves any new case or petition on you without attaching a copy of the order allowing that case to be filed, you may respond simply by filing a copy of the judge’s order restricting abusive litigation.³

¹ VT ST 15 § 1184
² VT ST 15 § 1185(b)
³ VT ST 15 § 1185(g)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

A sexual assault or stalking protective order is a civil court order, which can protect you from someone who is not a family member or household member who has stalked or sexually assaulted you.¹ A family member is a current or former spouse or someone related to you by blood or marriage. A household member is defined as someone who you:

• live or lived with;
• have or had a sexual relationship with; or
• date or dated.²

When deciding if someone is your “household member,” it doesn’t matter how long you lived with, dated, or had an intimate relationship with the other person.²

If a family member or household member has stalked or sexually assaulted you, you may be eligible for a relief from abuse order instead. For more information, see the Relief from Abuse Orders section.

¹ VT ST 12 § 5133(a)
² VT ST 15 § 1101(3)

For the purpose of getting this protective order, “sexual assault” is defined as when the abuser commits one of the following crimes against you:

• lewd and lascivious conduct;
• lewd and lascivious conduct with a child;
• sexual assault;
• aggravated sexual assault;
• use of a child in a sexual performance; or
• consenting to a sexual performance.¹ 

The abuser does not have to be arrested for the crime, and it does not have to be reported to the police for you to file for this protective order.

¹ VT ST 12 § 5131(5)

A sexual assault or stalking protective order can order the abuser to stay away from you and/or your children.¹ Under Vermont law, “stay away” means that the offender cannot:

• be physically close to you; or
• have nonphysical contact with you directly or through a third person (regardless of whether or not the third person knows about the order).² Note: “Nonphysical contact” means s/he cannot contact you in writing, or through telephone calls, mail, e-mail, social media commentary or comments, or other electronic communication or fax.³

The judge can also order anything else that the judge believes is necessary to protect you and/or your children.¹

¹ VT ST 12 § 5133(d)
² VT ST 12 § 5131(7)
³ VT ST 12 § 5131(3)

A minor victim can file a complaint on his/her own if s/he is at least 16 years old. If s/he is younger than 16, his/her parent (or legal guardian) can file for him/her.¹

¹ VT ST 12 § 5133(a)

There is no filing fee to get a protective order.¹

¹ VT ST 12 § 5133(f)

When your order expires, you can file a motion with the court to extend your order. The judge can extend it for such additional time as the judge believes is necessary to protect you and/or your children. There does not have to be another incident of stalking or sexual assault during the time you had the order to extend it.¹

To change an order, you or the abuser can file a motion to modify (change) the order if there has been a substantial change in circumstance. The judge can change the order at any time.¹

¹ VT ST 12 § 5133(e)

You may request an order restricting abusive litigation at any point, including:

• in any answer or response to a new case the abuser has filed;
• by making a motion at any time in an existing case;
• in an answer or response to a motion the abuser has filed; or
• orally at a hearing in front of a judge.¹

¹ VT ST 15 § 1182(a)

According to federal law, which applies to all states, territories, and tribal lands, the courts are not supposed to make available publicly on the internet any information that would be likely to reveal your identity or location. This applies to all of these documents:

• the petition you file;
• the protection order, restraining order, or injunction that was issued by the court; or
• the registration of an order in a different state.¹

¹ 18 USC § 2265(d)(3)

For the purposes of getting this type of order, Vermont defines the terms as follows:

Abuse means:

• a medical treatment or other action that does either of the following things, either on purpose or carelessly:
  
  • endangers the vulnerable adult’s life, health, or welfare; or
  • is likely to hurt the vulnerable adult’s health;
• behavior that unnecessarily causes harm, pain, or suffering to the vulnerable adult, whether it was done on purpose or carelessly:
• confinement, isolation, or restraint of the vulnerable adult;
• interference with the vulnerable adult’s freedom of movement, unless it is necessary to protect them or others;
• any sexual activity or acts with anyone when the vulnerable adult does not or cannot consent;
• actions that cause serious emotional or psychological distress to the vulnerable adult;
• giving or threatening to give a drug or other substance to the vulnerable adult that is not a legitimate medical or therapeutic treatment;
• withholding necessary:
  
  • medication;
  • care;
  • medical equipment; or
  • treatment; or
• causing a vulnerable adult to ask for or agree to get or not get treatment by:
  
  • lying;
  • force;
  • threat;
  • undue influence;
  • harassment;
  • duress; or
  • fraud.¹ 

Neglect happens when a caregiver fails to do something that results or could result in physical or psychological harm. The failure can be either careless or on purpose. This includes a failure to:

• provide care, goods, or services that are necessary to maintain the vulnerable adult’s health or safety, including:
  
  • food;
  • clothing;
  • medicine;
  • shelter;
  • supervision; and
  • medical services, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive;
• try to protect the vulnerable adult from abuse, neglect, or exploitation by others;
• carry out a plan of care for the vulnerable adult, unless this is the preference of the vulnerable adult, the vulnerable adult’s representative, or an advance directive; or
• report significant health changes to the vulnerable adult’s medical professional, if the caregiver works for an organization that provides personal care.² 

Neglect does not include any actions the vulnerable adult takes themselves.² 

Exploitation means doing any of the following to a vulnerable adult:

• using, taking, moving, or spending the vulnerable adult’s money or property on purpose and without permission;
• getting, sharing, or using the image, likeness, personal accounts, or documents of the vulnerable adult without permission;
• breaching a legal duty owed to the vulnerable adult by:
  
  • a guardian;
  • an agent; or
  • someone else who has a legal duty (fiduciary);
• getting or trying to get or control the vulnerable adult’s money or property through:
  
  • lies;
  • force;
  • threat;
  • undue influence;
  • harassment;
  • coercion; or
  • fraud;
• refusing to return money or property when the vulnerable adult or their representative asks for it;
• purposely not using the vulnerable adult’s money or assets to support the vulnerable adult; or
• pressuring or convincing the vulnerable adult to work without enough pay in order to benefit someone else.³ 

¹ VT ST 33 § 6902(1)
² VT ST 33 § 6902(21)
³ VT ST 33 § 6902(13)

There are two types of orders for relief from abuse, neglect, or exploitation of vulnerable adult: the temporary ex parte order and the final order.

Temporary ex parte order for relief from abuse, neglect, or exploitation

The vulnerable adult or interested person can request an order for relief from abuse, neglect, or exploitation at any time, even when the court is not in session.¹ The judge can issue a temporary order without notice to the abuser (ex parte) if the judge believes that:

1. the abuser abused, neglected, or exploited the vulnerable adult; and
2. serious and irreversible (irreparable) harm to the health or financial interests of the vulnerable adult will happen without the ex parte order.² 

Every temporary order must include the time, date, and location of the hearing where the abuser can appear to petition the court to change (modify) or dismiss the order. At this hearing, the judge will decide whether or not a final protective order should be issued. If the temporary order cannot be served before the hearing, the vulnerable adult or interested party can ask the judge for more time to serve the abuser. Then, the judge will reschedule the hearing and extend the terms of the temporary order until the next court date.³

If an interested person files for an order, the vulnerable adult must also be given notice. See Someone filed a petition claiming I am a vulnerable adult. What can I do? for more information.

Final protective order for relief from abuse, neglect, or exploitation
A final relief from abuse order is designed to offer longer-lasting and more complete protection than a temporary order. It can last for a “fixed period” of time.⁴ A final order can be issued only after:

• the abuser receives notice of the hearing; and
• the petitioner and the abuser both have a chance to tell their sides of the story at the final hearing.⁵

If you filed on your own behalf, you can present evidence and witnesses to prove you were abused. However, it may be best to be represented by a lawyer, especially if the abuser has one. See our Vermont Finding a Lawyer page if you want to hire someone to represent you.

¹ VT ST 33 §§ 6936(d); 6938(c)
² VT ST 33 § 6936(a)
³ VT ST 33 § 6936(c)
⁴ VT ST 33 § 6935(a)
⁵ VT ST 33 § 6934

To file for a protective order, you must go to the Family Division of the Superior Court in the county where the vulnerable adult lives.¹ Temporary ex parte orders, however, can also be issued outside of regular court hours by a judge in the Criminal or Civil Divisions of the Superior Court.²

If the vulnerable adult has left their home in order to avoid abuse, neglect, or exploitation, the petition can be filed in the county where they used to live or the county where they live now.³

¹ VT ST 33 § 6932(a), (c)
² VT ST 33 §§ 6932(b); 6936(d); 6938(c)
³ VT ST 33 § 6932(c)

If an interested person files for an order on your behalf, you must be given notice so you can appear in court if you want to. The judge will decide whether or not you are capable of expressing your wishes about the petition. If the judge believes you are capable, they will ask if you want the petition to go forward. If you do not, the petition will be dismissed.¹

The judge can also appoint a guardian ad litem for you if they believe this is appropriate.²

¹ VT ST 33 §§ 6934; 6936(b)
² VT ST 33 § 6938(b)

The vulnerable adult or the interested person who got the order may file a motion asking for it to be extended. The judge can grant an extension for as long as needed to protect the vulnerable adult. 

Either party may ask for the order to be changed (modified) at any time. Whoever files the motion must show that there has been a substantial change in circumstances since the order was granted.

The vulnerable adult must be notified if an interested party asks to extend or change the order. The judge will decide if the vulnerable adult is capable of expressing their wishes about the motion. If the judge believes they are capable, the judge will ask if they want the motion to go forward, and if they do not, the motion will be dismissed.¹

¹ VT ST 33 § 6935(a)

In an extreme risk protection order, the judge can order that the respondent not:

• have any dangerous weapons in his/her possession;
• purchase any dangerous weapons; and
• receive any dangerous weapons.¹

A “dangerous weapon” is defined as an explosive or a firearm.²

¹ VT ST 13 § 4053(e)
² VT ST 13 § 4051(2)

The person who files for the extreme risk protection order is known as the petitioner. A judge can issue an extreme risk protection order against a respondent who poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. The following people may file for an extreme risk protection order:

• a State’s Attorney;
• the Office of the Attorney General^;
• the respondent’s family member; or
• the respondent’s household member.¹

The law in Vermont defines “household members” as people who live together or are engaged in a dating or sexual relationship. To determine whether something qualifies as dating, the judge may consider:

• the nature of the relationship;
• how long the relationship has existed; and
• how often the parties interact.²

¹ VT ST 13 § 4053(a)
² VT ST 13 § 4051(7)

 If you are the respondent’s family or household member, you may file a petition requesting an extreme risk protection order. Your petition must say (allege) that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. You must include an affidavit with your petition that says why the order should be issued.¹ This affidavit should include what dangerous weapons the respondent has access to and whether the respondent has any abuse prevention orders or orders against stalking or sexual assault issued against him/her.²  

If you file a petition, the court will send a copy of your petition to the State’s Attorney in the county where you filed.³ If the judge decides to issue an ex parte extreme risk protection order in your case, the State’s attorney will be substituted as the petitioner and you will no longer be considered a party in the case. If the judge denies your request for an ex parte order but schedules a hearing on whether to issue a final order, the State’s attorney will be substituted as the petitioner at least seven days before that hearing.⁴

A State’s Attorney or the Office of the Attorney General may also file a petition for an extreme risk protection order on their own. If that happens, you may want to speak to the State’s Attorney or the Office of the Attorney General to tell them what you know about the respondent’s weapons or actions.

¹ VT ST 13 §§ 4053(a), (c)(1)
² VT ST 13 § 4053(c)(3)
³ VT ST 13 § 4053(d)(2)
⁴ VT ST 13 § 4053(b)(2)

If the respondent intentionally fails to follow the terms of the extreme risk protection order, s/he may be committing a crime. If the respondent is convicted of violating the order, the judge could sentence the respondent to go to prison for up to one year, pay a fine of up to $1,000, or both.¹

¹ VT ST 13 § 4058(b)(1)

If you have a valid Vermont relief from abuse order that meets federal standards, it can be enforced in another state.  The Violence Against Women Act (VAWA), which is a federal law, states that all valid restraining orders granted in the United States receive “full faith and credit” in all state and tribal courts within the US, including US territories.  See How do I know if my relief from abuse order is good under federal law? to find out if your order qualifies.

Each state must enforce out-of-state restraining orders in the same way it enforces its own orders.  Meaning, if the abuser violates your out-of-state restraining order, s/he will be punished according to the laws of whatever state you are in when the order is violated.  This is what is meant by “full faith and credit.”

An ex parte temporary order can be enforced in other states as long as it meets the requirements listed in How do I know if my relief from abuse order is good under federal law?¹

Note: The state where you are going generally cannot extend your ex parte temporary order or issue you a permanent order when the temporary one expires.  If you need to extend your temporary order, you will have to contact the state that issued the order and arrange to be at the hearing in person or by telephone (if that is an option offered by the court).  However, you may be able to reapply for one in the new state that you are moving to if you meet the requirements for getting a protective order in that state – but if you apply for one in a new state, the abuser would know what state you are living in, which may put you in danger.

¹ 18 U.S.C. § 2265(b)(2)

Federal law does not require you to take any special steps to get your relief from abuse order enforced in another state.

Many states do have laws or regulations (rules) about registering or filing of out-of-state orders, which can make enforcement easier, but a valid relief from abuse order is enforceable regardless of whether it has been registered or filed in the new state.¹  Rules differ from state to state, so it may be helpful to find out what the rules are in your new state. You can contact a local domestic violence organization for more information by visiting our Advocates and Shelters page and entering your new state in the drop-down menu.

Note: In Vermont, the court administrator is required to prepare a form that will make it easier for courts in other states to enforce a Vermont relief from abuse order.  Local domestic violence organizations should also have relief from abuse order envelopes that you can put your order in to make enforcement easier.

Note: It is important to keep a copy of your restraining order with you at all times.  It is also a good idea to know the rules of states you will be living in or visiting to ensure that your out-of-state order can be enforced in a timely manner.

¹ 18 U.S.C. § 2265(d)(2)

You do not need a lawyer to get your relief from abuse order enforced in another state.

However, you may want to get help from a local domestic violence advocate or attorney in the state that you move to. A domestic violence advocate can let you know what the advantages and disadvantages are for registering your order, and help you through the process if you decide to do so.

To find a domestic violence advocate or an attorney in the state you are moving to, go to the Places that Help tab and then chose the state you want. Then click on Advocates and Shelters to find shelters and organizations in your area.

It will depend on the exact wording of the custody provision in your relief from abuse order. You may have to first seek the permission of the court before leaving. If the abuser was granted visitation rights with your children, then you may have to have the order changed, or show the court that there is a fair and realistic alternative to the current visitation schedule. To read more about custody laws in Vermont, go to our VT Custody page.

If you are unsure about whether or not you can take your kids out of the state, it is important to talk to a domestic violence advocate or lawyer who understands domestic violence and custody laws, and can help you make the safest decision for you and your children. You can find contact information for local domestic violence organizations on the VT States and Local Progams page and legal assistance on the VT Finding a Lawyer page.

Your protection order can be enforced in Vermont as long as:

• It was issued to prevent violent or threatening acts, harassing behavior, sexual violence, or it was issued to prevent another person from coming near you or contacting you.¹
• The court that issued the order had jurisdiction over the people and case. (In other words, the court had the authority to hear the case.)
• The abuser received notice of the order and had an opportunity to go to court to tell his/her side of the story.
  • In the case of ex parte temporary and emergency orders, the abuser must receive notice and have an opportunity to go to court to tell his/her side of the story at a hearing that is scheduled before the temporary order expires.²

Note: For information on enforcing a military protective order (MPO) off the military installation, or enforcing a civil protection order (CPO) on a military installation, please see our Military Protective Orders page.

¹ 18 U.S.C. § 2266(5)
² 18 U.S.C. § 2265(a), (b)

As long as the child custody provision complies with certain federal laws,¹ Vermont can enforce a temporary custody order that is a part of a protection order.

To have someone read over your order and tell you if it meets these standards, contact a lawyer in your area.  To find a lawyer in your area click the VT Finding a Lawyer page.

¹ The federal laws are the Uniform Child Custody Jurisdiction Act (UCCJA) or the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), and the Parental Kidnapping Prevention Act of 1980.

The National Crime Information Center Registry (NCIC) is a nationwide, electronic database used by law enforcement agencies in the U.S, Canada, and Puerto Rico. It is managed by the FBI and state law enforcement officials.

Before moving to Vermont, the state that issued your protection order may already have entered your order into the NCIC. If not, your order will be entered into the NCIC once your order is registered in VT.

Note: Most law enforcement officials have access to the NCIC, but the information is encrypted so outsiders cannot access it.¹

¹ See the FBI website

Police officers must enforce your protection order whether or not you register it. If it is not registered, you will need to show the officer a copy of your protection order, and you may have to swear in writing that it is still in effect.

While you do not have to register your protection order in order to get it enforced, one benefit of registration is that you may be able to get your order enforced, even if you are not carrying a copy of the order with you when the police officer arrives at the scene. Protection orders that are registered in Vermont are kept in the Vermont Protection Order Database, and Vermont police officers should have access to this registry when they come on the scene.

If your order is not entered into the National Criminal Information Center (NCIC) database (a national database of protection orders that some states keep records in), and you do not have a copy of your order with you when the police officer arrives, it may be more difficult to have your order enforced because it will be hard for the Vermont police officer to make sure that your order is real.

However, if you have a certified copy of your protection order with you, and if it is listed in the NCIC, then it may not matter if your protection order is registered in Vermont or not.

If you are unsure about whether registering your order is the right decision for you, you may want to contact a local domestic violence organization in your area.  An advocate there may be able to help you decide what the safest plan of action is for you in Vermont.  To see a list of local domestic violence organizations in Vermont, go to our VT Advocates and Shelters page.