Vermont
Vermont Restraining Order Laws (2026): How to Get a Relief From Abuse Order
Independently fact-checked against primary sources (last audited September 14, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 17, 2026. · 3 primary sources cited on this page. How we verify our legal content
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 or an attorney to file, but for the final hearing, get a free case evaluation from a Vermont family lawyer on presenting your evidence (attorney advertising).
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 either includes a judicial finding that the respondent represents a credible threat to that person's physical safety or explicitly prohibits the use, attempted use, or threatened use of physical force against them. 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.
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.
More Vermont Laws
Frequently Asked Questions
How do I get a restraining order in Vermont?
File a petition for a Relief From Abuse (RFA) order at the Family Division of Vermont Superior Court. There is no filing fee. A judge can issue a temporary RFA the same day without the respondent being present if immediate danger is shown. A full hearing is held within 14 days.
How long does a restraining order last in Vermont?
A temporary RFA lasts until the court hearing, which must be scheduled within 14 days of the order. A final RFA order typically lasts one year and can be extended for additional periods upon the plaintiff's motion to the court.
How much does a restraining order cost in Vermont?
Filing for an RFA order is free. Under the federal Violence Against Women Act, courts cannot charge a filing fee or service fee for a domestic violence protective order.
Can I get a restraining order without a police report?
Yes. You do not need a police report to file for an RFA in Vermont. You file a sworn petition describing the abuse directly with the court. A police report can be helpful supporting evidence, but it is not required.
Does a restraining order take away gun rights in Vermont?
The court may order the respondent to surrender all firearms for the duration of the RFA order. Separately, a qualifying final order triggers the federal ban under 18 U.S.C. 922(g)(8), which prohibits the respondent from possessing or buying any firearm or ammunition while the order is in effect.
What happens if the abuser violates the order?
Violating an RFA is a crime under 13 VSA 1030, punishable by up to one year in prison and a fine up to $5,000. Call 911 immediately if the order is violated. Document every violation and report it to law enforcement and the issuing court.
What is the difference between an RFA and a stalking protective order in Vermont?
A Relief From Abuse (RFA) order requires a qualifying family or household relationship with the respondent. A Stalking/Sexual Assault Protective Order under 12 VSA Chapter 178 is available to any victim regardless of whether they have a relationship with the respondent.
Updates
Independently fact-checked against the cited primary sources
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Replaced a fabricated third element ('enforceable against an intimate partner or household member') in the 18 U.S.C. 922(g)(8) description with the statute's actual required element: a judicial credible-threat finding or an explicit force-prohibition clause.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Vermont Statutes Annotated, Title 15: Domestic Relations, Chapter 21: Abuse Prevention, Subchapter: GENERAL PROVISIONS
§ 1103Requests for reliefIn force
(a) Any family or household member may seek relief from abuse by another family or household member on behalf of themselves or their children by filing a complaint under this chapter. A minor 16 years of age or older, or a minor of any age who is in a dating relationship as defined in subdivision 1101(3) of this chapter, may file a complaint under this chapter seeking relief on the minor’s own behalf. The plaintiff shall submit an affidavit in support of the order. (b) Except as provided in section 1104 of this title, the court shall grant relief only after notice to the defendant and a hearing. The plaintiff shall have the burden of proving abuse by a preponderance of the evidence.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at legislature.vermont.gov
§ 1104Emergency reliefIn force
(a) In accordance with the Vermont Rules of Civil Procedure, temporary orders under this chapter may be issued ex parte, without notice to the defendant, upon motion and findings by the court that the defendant has abused the plaintiff or the plaintiff’s children, or both. The plaintiff shall submit an affidavit in support of the order, which may be sworn to or affirmed by administration of the oath over the telephone to the applicant by an employee of the Judiciary authorized to administer oaths and shall conclude with the following statement: “I declare under the penalty of perjury pursuant to the laws of the State of Vermont that the foregoing is true and accurate. I understand that making false statements is a crime subject to a term of imprisonment or a fine, or both, as provided by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath was administered. A minor 16 years of age or older, or a minor of any age who is in a dating relationship as defined in subdivision 1101(3) of this chapter, may seek relief on the minor’s own behalf.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 5 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- In re Carpenter (Supreme Court of Vermont 2018, 197 A.3d 865)“…rize a no-contact condition in that statute until 2017. See 15 V.S.A. § 1104(a)(1)(D) (authorizing use of no-contact…”
- Raynes v. Rogers (Supreme Court of Vermont 2008, 183 Vt. 513)“…required for a temporary or final relief from abuse order. 15 V.S.A. §§ 1104(a) and 1103(c) (emphasis added). The ma…”
- Rapp v. Dimino (Supreme Court of Vermont 1993, 162 Vt. 1)“…dren are in immediate danger of physical or emotional harm. 15 V.S.A. § 1104(a)(3). The defendant must have an oppor…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Vermont Statutes Annotated, Title 13: Crimes and Criminal Procedure, Chapter 19: Breach of the Peace; Disturbances, Subchapter: OTHER DISTURBANCES OF THE PEACE
§ 1030Violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a childIn forcecited in 2 of our articles
(a) A person who intentionally commits an act prohibited by a court or who fails to perform an act ordered by a court, in violation of an abuse prevention order issued under 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69, a protective order that concerns contact with a child and is issued under 33 V.S.A. chapter 51, or an order against stalking or sexual assault issued under 12 V.S.A. chapter 178, after the person has been served notice of the contents of the order as provided in those chapters; or in violation of a foreign abuse prevention order or an order against stalking or sexual assault issued by a court in any other state, federally recognized Indian tribe, territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia shall be imprisoned not more than one year or fined not more than $5,000.00, or both.
Official text (excerpt) · last checked 2026-08-01 · Read the full text in our law library · Verify at legislature.vermont.gov
Cited in 25 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Mott (Supreme Court of Vermont 1997, 166 Vt. 188)“…urt conviction for violating an abuse prevention order, see 13 V.S.A. § 1030, and separately appeals from the family…”
- State v. Waters (Supreme Court of Vermont 2013, 195 Vt. 233)“…to three years imprisonment, a fine of $25,000, or both. 13 V.S.A. § 1030(b). ¶ 6. Before…”
- State v. Carpenter (Supreme Court of Vermont 2013, 193 Vt. 484)“…t more than three years” for the underlying felony VAPO. 13 V.S.A. § 1030(b). The State argues that (1) the pla…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Vermont GPS Tracking Laws: Is It Legal to Put a Tracker on a Car? (2026)
United States Code Title 18
§ 922Unlawful actsIn forcecited in 72 of our articles
It shall be unlawful— for any person— except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce; for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that— this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance…
Official text (excerpt) · last checked 2026-09-16 · Read the full text in our law library · Verify at uscode.house.gov
Cited in 40,024 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Section 922(g)(1) bars a felon from possessing a firearm, and the Supreme Court cases in this line turn on sentencing, not on the ban. Taylor v. United States (1990) and Shepard v. United States (2005) held that whether prior convictions enhance a 922(g) sentence under 924(e) is decided from offense elements and limited plea records.
Opinions citing this section in our collection:
- United States v. Booker (Supreme Court of the United States 2004, 543 U.S. 220)“…e Johnson with one crime (say, illegal gun possession, see 18 U. S. C. § 922 (g)) and Jackson with another (say, ban…”
- Almendarez-Torres v. United States (Supreme Court of the United States 1998, 523 U.S. 224)“…cidivism an offense element in such circumstances. But cf. 18 U. S. C. § 922 (g)(1) (prior felony conviction an elem…”
- Taylor v. United States (Supreme Court of the United States 1990, 495 U.S. 575)✓Taylor pleaded guilty to felon-in-possession under 18 U.S.C. § 922(g)(1) and had two Missouri burglary convictions; the Court held that 'burglary' in the § 924(e) enhancement attached to a § 922(g) conviction means generic burglary judged by the prior statute's elements.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Can You Become an ICE Agent with a Criminal Record? (2026 Guide), How Long Does a Felony Stay on Your Record? (2026), Supreme Court Limits the Federal Gun Ban on Marijuana Users (Hemani, 2026)
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- 15 VSA Chapter 21 (Relief From Abuse Act)(legislature.vermont.gov).gov
- 12 VSA Chapter 178 (Stalking/Sexual Assault Protective Orders)(legislature.vermont.gov).gov
- Vermont Judiciary - Protective Orders(vtcourts.gov).gov