Deciding to ask a court for protection often comes with a quiet, persistent worry: will a judge take this seriously, or will it sound like “just” an argument? That worry usually eases once you understand that Vermont courts are built to evaluate exactly this kind of situation, and that a calm, dated account of what happened is the thing that helps a judge see it clearly. You do not need to convince anyone in the moment you file — you need a record a court can review.
The order Vermont uses: Relief from Abuse
Vermont does not label this a “restraining order” in its statute. The order is called a Relief from Abuse (RFA) order, created under 15 V.S.A. Chapter 21, and it is issued by a judge in the Family Division of the Vermont Superior Court. Under 15 V.S.A. § 1103, any family or household member may seek relief from abuse by another family or household member, filing on their own behalf or on behalf of their children. A minor age 16 or older — or a minor of any age in a dating relationship — may also file on their own behalf. A final RFA order is granted only after notice to the other party (the “defendant”) and a hearing, where the person asking for protection (the “plaintiff”) must prove abuse by a preponderance of the evidence.
There is a separate track for abuse, neglect, or exploitation involving a vulnerable adult, handled through the same Family Division.
The emergency order: temporary relief under § 1104
When there is not time to wait for a hearing, Vermont law allows a judge to issue a temporary order under 15 V.S.A. § 1104 (“Emergency relief”). This order can be issued ex parte — without notice to the defendant — based on the plaintiff’s sworn affidavit describing the abuse, and it can be requested even when the courthouse is closed, including nights, weekends, and holidays, through the Judiciary’s after-hours line.
By statute, every temporary order must state a date, time, and place when the defendant can appear to contest it, and that opportunity “shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days from the date of issuance of the order.” If the defendant does not show up at that hearing, the temporary order stays in effect until the final order is served on them, unless the court dismisses it.
How to file in Vermont
There is no filing fee for an RFA complaint, and you do not need to be a U.S. citizen to file. The main paperwork is the Complaint for Relief from Abuse and an accompanying Affidavit in Support, both available through the Vermont Judiciary’s forms library. File with the Family Division in the county where you live; if you had to leave your home to escape abuse, you can file in any county. Filing can typically be done in person at the courthouse, and some counties accept documents by email.
After you file, a judge reviews the complaint, often the same day, and decides whether to issue a temporary order. If one is granted, the defendant must be served, and both sides then attend the hearing set within the 14-day window described above, where the judge decides whether to grant a final RFA order and for how long.
What evidence helps
Because the final hearing turns on whether the plaintiff can prove abuse by a preponderance of the evidence, specific and dated detail matters more than a general summary. A journal entry written close to when something happened, saved text messages and call logs with visible timestamps, voicemails, photographs, and the names of people who witnessed an incident all give the judge something concrete to weigh. Keep the originals rather than edited copies, and try to record events as they occur rather than reconstructing them from memory weeks later.
Frequently asked questions
- What counts as a “family or household member” in Vermont?
- The relief-from-abuse statute covers people such as spouses or former spouses, people who live or have lived together, people who share a child, and people in or formerly in a dating relationship. The Family Division clerk or a domestic violence advocate can confirm whether your specific situation qualifies.
- Can I get an RFA order at night or on a weekend?
- Yes. Vermont allows emergency filings any time, including when courts are closed, through the Judiciary’s after-hours process.
- Will an RFA order address custody or parent-child contact?
- An RFA order can include temporary provisions for parent-child contact and, in some cases, temporary child support, while the case is pending. These provisions are separate from — and do not replace — a full custody case.
- How long does a Relief from Abuse order last?
- A final order is granted for a fixed period set by the judge, after which it can be extended if the plaintiff asks and shows continued need for protection. Ask your Family Division clerk about the current process for requesting an extension before your order expires.