Vermont Restraining Order Laws (2026): How to Get a Relief From Abuse Order
Vermont Restraining Order Laws (2026): How to Get a Relief From Abuse Order
In Vermont, the main protective order for domestic or household abuse is called a Relief From Abuse (RFA) order. Qualifying family or household members can obtain a temporary RFA the same day they apply, and a final order typically lasts one year. Filing is free under federal law.
If you are in immediate danger, call 911. For confidential help 24/7, contact the National Domestic Violence Hotline at 1-800-799-7233 (text START to 88788).
Types of restraining orders in Vermont
Vermont primarily uses two separate tracks for civil protective orders. The first is the Relief From Abuse (RFA) order, governed by 15 VSA Chapter 21. This order is available to victims of abuse committed by a family or household member and requires a qualifying relationship between the petitioner and the respondent. It covers physical abuse, threats, stalking, and harassment within those qualifying relationships.
The second track is the Stalking/Sexual Assault Protective Order, available under 12 VSA Chapter 178. This order does not require any prior relationship between the victim and the person who committed the harm. If you have experienced stalking or sexual assault by a coworker, neighbor, acquaintance, or stranger, the Chapter 178 order is the appropriate route. Vermont courts handle both types, and an advocate or court clerk can help you identify which petition fits your situation.
Who can get a restraining order in Vermont?
To qualify for an RFA order in Vermont, you must be a family or household member of the person you are seeking the order against. Vermont law defines family or household members broadly to include:
- Spouses and former spouses
- Parents and children
- Persons related by blood or marriage
- Persons who cohabit or have cohabited
- Persons currently or formerly in a dating relationship
Vermont also allows minors who are 16 or older, or minors who are in a dating relationship, to petition for an RFA on their own behalf under 15 VSA 1103. A parent or guardian may also petition on behalf of a minor child.
If you do not have one of the qualifying relationships listed above, you are not left without options. The Stalking/Sexual Assault Protective Order under 12 VSA Chapter 178 is open to any person who has experienced stalking or sexual assault, regardless of whether the respondent is a stranger or an acquaintance.
How to file for a restraining order in Vermont
You file a petition for an RFA in the Family Division of Vermont Superior Court. There is no filing fee for a domestic violence protective order. Vermont's court system has self-help centers where clerks can provide forms and general guidance. Local domestic-violence advocates, many of whom work through organizations affiliated with the Vermont Network Against Domestic and Sexual Violence, can provide free confidential support throughout the process.
When you file, you submit a sworn petition describing the abuse. A judge reviews the petition and, if it shows immediate danger, issues a temporary RFA the same day without the respondent being present. The court then schedules a hearing, which must take place within 14 days of the order's issuance, so the respondent has an opportunity to be heard. At the hearing, both parties may present evidence, and if the court finds abuse occurred, it issues a final order.
The court can include a wide range of protections in the order, including no-contact provisions, stay-away requirements covering your home, workplace, or children's school, and temporary custody of minor children. You do not need a police report to file, and you do not need an attorney, though legal representation is strongly encouraged for the final hearing.
Temporary vs. final orders: how long they last
Vermont uses two stages of protective orders under the RFA framework.
| Order Type | How Issued | Duration |
|---|---|---|
| Temporary RFA | Ex parte, same day, without notice to respondent | Until the hearing (within 14 days) |
| Final RFA | After a two-party hearing with notice to respondent | Typically 1 year; extendable by court |
A temporary RFA goes into effect the day you file and stays in force until the court holds the hearing, which must occur within 14 days of the order being issued. The respondent is served with notice of the hearing and has the opportunity to appear and contest.
If the court grants a final RFA after the hearing, the order typically lasts for one year. Either party may return to court before the order expires. The plaintiff can move to extend the order for additional periods, and the court can renew it if the threat of abuse continues. Vermont law gives courts flexibility to set a longer initial term when the circumstances require it.
Firearms and a Vermont protective order
Vermont law gives courts the authority to order a respondent to relinquish all firearms for the full duration of the RFA order. When the court includes this provision under 15 VSA 1104, the respondent must surrender their firearms as directed by the order.
In addition, a qualifying final protective order automatically triggers the federal firearm ban under 18 U.S.C. 922(g)(8). This federal law applies when the final order was issued after notice and an opportunity to be heard, restrains the respondent from harassing, stalking, or threatening the protected person, and is enforceable against an intimate partner or household member. Under the federal ban, the respondent may not possess or purchase any firearm or ammunition for the duration of the order. Violation of the federal firearms ban can result in federal criminal prosecution.
Vermont does not have a standalone state criminal statute that separately punishes knowing possession of a firearm while under an RFA in the same way some other states do, but the order itself can expressly prohibit possession, and the federal ban applies independently of whether the order mentions firearms.
What happens if someone violates the order?
Violating a Vermont RFA order is a criminal offense under 13 VSA 1030. A person who knowingly violates an RFA faces up to one year in prison and a fine of up to $5,000. Subsequent offenses carry enhanced penalties. Vermont law enforcement officers can arrest a person on probable cause that they have violated a protective order.
If the respondent violates the order, call 911 immediately. Even if the violation does not involve new physical violence, such as a prohibited contact attempt, it is still a crime and should be reported to police. Keep a record of any violations, including texts, voicemails, or witness accounts, and report each violation to law enforcement and to the court that issued the order.
The court may also hold a respondent in contempt for violation of the order, which can result in additional jail time and fines separate from the criminal charge. Documenting violations thoroughly and reporting them promptly helps build a record that courts can use to strengthen or extend the protection.
This article is general legal information, not legal advice, and it is not a safety plan. Protective-order rules vary by state and change. If you are in danger, call 911. For help with your specific situation, contact your local court's self-help center, a domestic-violence advocate, or a licensed attorney.
More Vermont Laws
- Vermont AI Meeting Recording Laws
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- Vermont At-Will Employment Laws
- Vermont Car Accident Laws
- Vermont Car Seat Laws
- Vermont Child Custody Laws
- Vermont Child Support Laws
- Vermont Common Law Marriage Laws
- Vermont Data Privacy Laws
- Vermont Divorce Laws
- Vermont Dog Bite Laws
- Vermont Emancipation Laws
- Vermont Expungement Laws
- Vermont Hit and Run Laws
- Vermont Landlord-Tenant Laws
- Vermont Lemon Laws
Sources
- 15 VSA Chapter 21 (Relief From Abuse) - Vermont Legislature
- 12 VSA Chapter 178 (Stalking/Sexual Assault Protective Orders) - Vermont Legislature
- Vermont Judiciary: Family Court Self-Help Center
For an overview of how protective orders work across all 50 states, visit our Restraining Order Laws by State hub.
Vermont's recording consent laws may be relevant if you are documenting harassment or threats. See our Vermont recording law page for details on one-party consent rules.