Restraining Orders

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