Stalking and Sexual Assault

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

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

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.

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

If you are under 18, a parent, guardian or “next friend” may apply for an order on behalf your behalf. A next friend is an adult you trust.

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 or Sexual Assault is your request for an order from the court to protect you. The second is the Affidavit 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. Find these forms here on the Vermont Judiciary website.

You can bring someone to help you, or you can call a domestic violence agency to help. There is no fee to file for a protective order.

For more information on keeping your home address confidential, explore the Attorney General’s Safe at Home program.

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 affidavit.

• If you ask for a hearing, the “defendant” – the person who is stalking or 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 Affidavit (the document where you describe what has happened).

5. Final Hearing 
    

A hearing will be scheduled. It should be scheduled within 10 days of your temporary order. At the hearing, you will need to show the judge why you need a final Order Against Stalking or Sexual Assault. 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.

For more information on Final Hearings, see the section below.

To get an order against stalking, you must go to a hearing. 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).

To get an order against stalking, you must prove that the defendant threatened, watched, or followed you at least two times 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. Stalking includes phone calls, mail, email, comments on social media, faxes and written notes.

To modify (change), extend (make it cover a longer period of time), or dismiss (vacate or stop) an Order Against Stalking or Sexual Assault, you must file a written request with the court. The court will probably set a hearing on your request.

Use this Motion to Modify/Extend/Vacate Order Against Stalking or Sexual Abuse form and file it with the Superior Court in your county.

If you want to extend your final order, file your request about six weeks before the order expires. Send a copy of the motion to the defendant. You must also let the court know in writing that you sent a copy of your request to the defendant. This is called a “Certificate of Service.” Fill it in and file it with your motion.

The court will set a hearing. At the hearing, be prepared to explain why you want the order to be extended. At the hearing the judge will decide whether the order should be extended.