Restraining Orders

You can be eligible to file for a relief from abuse order if you have been abused by a family or household member, which includes any of the following:

• someone with whom you are living with or have lived;
• someone with whom you share or have shared a home;
• someone with whom you are having or used have a sexual relationship;
• someone you are dating or have dated;
• a spouse or former spouse; or
• a family member, related by blood or marriage.¹

A minor of any age who is in a dating relationship can file against a dating partner.  However, to file in one of the other categories, the minor must be at least 16 years old to file on his/her own.²  

Note: When deciding whether to give you an order, a judge must believe that the defendant has abused you and/or your children and either:

• there is a danger of further abuse; or
• the abuser is currently incarcerated and has been convicted of one of the following:
  • murder;
  • attempted murder;
  • kidnapping;
  • domestic assault;
  • aggravated domestic assault;
  • sexual assault;
  • aggravated sexual assault;
  • stalking;
  • aggravated stalking;
  • lewd or lascivious conduct with child; or
  • use of a child in a sexual performance, or consenting to a sexual performance.³

¹ VT ST 15 § 1103(a)
² VT ST 15 § 1104(a)
³ VT ST 15 § 1103(c)(1)