Stalking and Sexual Assault

In Vermont, you can try to get an order against someone who is stalking you. The person doesn’t have to say that they will hurt you or someone in your family.

You can get an Order Against Stalking if:

• on at least two occasions, the stalker made you afraid for your safety or the safety of your family, or
• on at least two occasions, the stalker caused you significant emotional distress. Emotional distress can be shown by fear of unlawful sexual conduct or restraint, fear of bodily injury, or significant modifications to your daily life such moving, or changing your job or work hours, or
• on two occasions — or one time for 12 hours or more — the stalker used an electronic, digital or geolocation device, software or application to track, watch or follow you or your online activity.

If you are 16 or 17, you can apply to the court on your own.

If you are under 18, a parent or guardian may apply for an order on your behalf.

This handout from Vermont Network gives you more information about protection orders for minors. You can find more information on Protection for Minors on our website.

Go to the Civil Division of the Superior Court in your county. You must go when the court is open. There is no option to apply at a police station. Your local domestic violence organization may be able to help you file for a stalking order.

1. Fill out forms

You will fill out two forms to start the case. The Complaint for Order Against Stalking (found on the Order Against Stalking page of the Vermont Judiciary website) is your request for an order from the court to protect you.

The second form is the Declaration in Support of Request for Order Against Stalking or Sexual Assault — the document where you describe what has happened.

If you are worried about revealing your address, you can also fill out a Confidential Address Form for Stalking or Sexual Assault. On that form you can check “No” to not allow the release of your address to anyone outside the court.

You can call a domestic violence agency for help. There is no fee to file for a protective order.

For more information on keeping your home address confidential, explore the Secretary of State’s Safe at Home program.

File the forms with the Civil Division of the Superior Court in your county.

2. Emergency order

While you wait, the judge will decide whether to give you an emergency order called a “Temporary Order.” The judge will read your paperwork and decide whether you need emergency protection. This is temporary. A Temporary Order only lasts until a final hearing is held.

3. If an emergency order is denied

If the judge denies your request for a Temporary Order, you can decide whether you want a hearing. At the hearing you will get another chance to prove that you need an order to protect you or your family. You will need more evidence than what was included in your declaration.

• If you ask for a hearing, the “defendant” – the person who is stalking you – will get copies of your paperwork. You will not have any protection before the hearing.
• If you don’t ask for a hearing, the case will be closed. The defendant will not be notified that you applied for an order. Your paperwork will be kept confidential.

You can talk to your local domestic violence organization for help in making this decision. The domestic violence group can help you make a safety plan. They may also be able to help you in other ways.

4. Order will be served

If the judge approves an emergency order, the court will arrange for it to be served on the defendant. A police officer will give the defendant a copy of the Temporary Order and your Complaint and declaration (the document where you describe what has happened).

5. Final hearing 

To get an order against stalking, you must go to a hearing. A hearing should be scheduled within 10 days of your temporary order.

At the hearing, you must bring evidence to prove you need the order. Evidence includes your testimony (your side of the story), testimony from witnesses, and photos or documents you bring to court. The judge will not read letters from people who are not in the courtroom, unless they are from the defendant (the person who stalked you).

The defendant may be in the courtroom with you. The defendant may have an attorney and may testify against you and present witnesses in support of his or her side of the story.

To get an order against stalking, you must prove that the defendant threatened, watched, or followed you when the defendant knew or should have known that it would either:

1. cause a reasonable person to be afraid for their physical safety or the safety of a family member, or
2. cause a reasonable person substantial emotional distress.

One way to show substantial emotional distress is that you have changed your actions or routines as a result of the defendant’s behavior. Another way to show substantial emotional distress is that you are afraid of unwanted sexual conduct, restraint, bodily injury or death. (“Restraint” means anything that restricts your movement, such as blocking a doorway or car door.)

The stalker can be accused of threatening you, even if they don’t actually say they will hurt you.

A final order usually lasts one year. You can ask for a different length if you want.

In Vermont, you can try to get an Order Against Sexual Assault if the person sexually assaulted you or your child. (See What is Sexual Assault, above.)

If you are 16 or 17, you can apply to the court on your own.

If you are under 18, a parent or guardian may apply for an order on your behalf.

This handout from Vermont Network gives you more information about protection orders for minors. You can find more information on Protection for Minors on our website.

Go to the Civil Division of the Superior Court in your county. Or, call the court’s after-hours number at 1-800-540-9990 to apply for an order when the courts are closed — including nights, weekends and holidays. Your local domestic violence organization may also be able to help you file for an order.

1. Fill out forms

You will fill out two forms to start the case. The Complaint for Order Against Sexual Assault (found on the Order Against Sexual Assault page) is your request for an order from the court to protect you.

The second form is the Declaration in Support of Request for Order Against Stalking or Sexual Assault — the document where you describe what has happened.

If you are worried about revealing your address, you can also fill out a Confidential Address Form for Stalking or Sexual Assault. On that form you can check “No” to not allow the release of your address to anyone outside the court.

You can call a domestic violence agency for help. There is no fee to file for a protective order.

For more information on keeping your home address confidential, explore the Secretary of State’s Safe at Home program.

File the forms with the Civil Division of the Superior Court in your county.

2. Emergency order

While you wait, the judge will decide whether to give you an emergency order called a “Temporary Order.” The judge will read your paperwork and decide whether you need emergency protection. This is temporary. A Temporary Order only lasts until a final hearing is held.

3. If an emergency order is denied

If the judge denies your request for a Temporary Order, you can decide whether you want a hearing. At the hearing you will get another chance to prove that you need an order to protect you or your family. You will need more evidence than what was included in your declaration.

• If you ask for a hearing, the “defendant” – the person who is abusing you – will get copies of your paperwork. You will not have any protection before the hearing.
• If you don’t ask for a hearing, the case will be closed. The defendant will not be notified that you applied for an order. Your paperwork will be kept confidential.

You can talk to your local domestic violence organization for help in making this decision. The domestic violence group can help you make a safety plan. They may also be able to help you in other ways.

4. Order will be served

If the judge approves an emergency order, the court will arrange for it to be served on the defendant. A police officer will give the defendant a copy of the Temporary Order and your Complaint and declaration (the document where you describe what has happened).

5. Final hearing

To get an order against sexual assault, you must go to a hearing. A hearing should be scheduled within 10 days of your temporary order.

At the hearing, you must bring evidence to prove you need the order. Evidence includes your testimony (your side of the story), testimony from witnesses, and photos or documents you bring to court. The judge will not read letters from people who are not in the courtroom, unless they are from the defendant (the person who stalked you).

The defendant may be in the courtroom with you. The defendant may have an attorney and may testify against you and present witnesses in support of his or her side of the story.

A final order usually lasts one year. You can ask for a different length if you want.