Asking for a Relief from Abuse Order

You may be able to get a Relief from Abuse Order if at least one of the following is true:

• the abuser is your family member
• you date or ever dated your abuser
• you and the abuser have ever had sex
• you live with your abuser or
• you’ve ever lived with your abuser

A Relief from Abuse Order tells your abuser that he or she can’t abuse you anymore. It may also have other protections and conditions such as:

• ordering the abuser to stay a certain number of feet away from you at all times
• making your abuser leave your home and stay out
• giving you temporary custody of your children

Are you a senior citizen? Do you have a disability? Are you being abused? Vermont has an agency called Adult Protective Services. It is their job to protect vulnerable adults from abuse. You may qualify for help from them. They can explain your options and may investigate your abuse.

First you need to file a Complaint and Affidavit for Relief from Abuse.

The “Complaint” is a court form that says you want a Relief from Abuse Order. The “Affidavit” is your sworn, written statement about what your abuser did showing why you need a Relief from Abuse Order.

In a legal case, the person who files the law suit is called the “plaintiff.” The person who is being sued is called the “defendant.” Since you are filling out the Complaint, you are the “plaintiff.” Your abuser is the “defendant.”

If you are filing a Relief from Abuse Order only on behalf of a child, use this Complaint form and this Affidavit form.

If you prefer, you can get a copy of the forms and instructions at your county courthouse. Every county in Vermont has a courthouse with a Family Division of Superior Court. For a list of these courthouses and their addresses, follow this link.

If you are asking for a Relief from Abuse Order after regular court hours, call the court’s answering service at 1-800-540-9990 or law enforcement. The court’s answering service will contact court staff, and they will contact you for more details about your situation.

Filling Out the Complaint

Check off all of the boxes on the Complaint form that apply to your situation. By checking off the boxes in the sections entitled “Request for Emergency Relief” and “Request for Final Order,” let the court know what you want.

Do you need help understanding a question? You can ask the Family Division Court Clerk to explain what it means. Or you can get help from your local domestic violence group.

Filling Out & Signing the Affidavit

Read our web page about the Relief from Abuse Affidavit. We explain what kinds of information to put in your Affidavit.

Don’t sign your Affidavit until you are in front of a notary public. The page on Relief from Abuse Affidavit explains where you can find a notary public.

What Do I Do Next?

If you are worried about revealing your address, you can also fill out a Confidential Notification. On that form you can check “No” to not allow the release of your address to anyone outside the court. For more information on keeping your home address confidential, explore the Attorney General’s Safe at Home program.

If you are finished with your Complaint and Affidavit, give them to the court clerk of the Family Division of Superior Court. This is called “filing” your Complaint.

Every county in Vermont has a courthouse with a Family Division. For a list of these courthouses and their addresses, follow this link.

Now that you’ve filed your Complaint and Affidavit, the court will call you the “plaintiff.” Your abuser is called the “defendant.”

The judge will read your Complaint and Affidavit. If the judge decides there is enough evidence in your Affidavit, the court clerk will give you a Temporary Relief from Abuse Order.

Your Temporary Relief from Abuse Order only goes into effect after your abuser is served (gets a copy of it) from law enforcement. The clerk will have the Temporary Relief from Abuse Order served on your abuser. There is no cost to have your abuser served with the order.

Always keep a copy with you. You can give a copy to your children’s school, your employer or anyone you like, if you feel it will make you or your children safer.

The Temporary Relief from Abuse Order is in effect until you have your final hearing. The order will tell you the date for a final hearing. If you do not go to the hearing, there will be no order.

If you do not get a Temporary Order, think about whether you want to request a Final Order. If you ask for a Final Order, the court will schedule a final hearing and your abuser will get notice. If you do not request a final hearing, your abuser will not be notified by the court that you asked for a Temporary Order.

This means that if you no longer think you need a Final Order, or you think you will not get a Final Order because you do not have any additional evidence to give the court, you might consider dropping the court action. If you drop the action at this stage, the abuser will not be notified that you tried to get an order.

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.

To find help, visit our Relief from Abuse page. Or visit the Vermont Network Against Domestic and Sexual Violence website.

Contact Your Local Domestic Violence Group

You can find your local domestic violence group on the Vermont Network Against Domestic and Sexual Violence website. The domestic violence group in your area can probably send an advocate to sit with you in court. They may be able to help you make copies of paperwork to bring to court. They may also have resources for you such as help with temporary housing and transportation. They may also be able to help you take pictures of injuries, bruises and damaged property.

Take Photographs of Injuries and Property Damage

Take photographs of any visible injuries. Bring printed copies to court for your final hearing. The police and most doctors will take pictures for you. It may be hard to get pictures from the police, so be sure to take your own pictures, too. Your local domestic violence group may be able to help you take pictures. Take pictures of damaged property and bring printed copies to court.

Was Your Abuser Charged with a Crime? Call the Victim’s Advocate in the State’s Attorneys Office

The Victim’s Advocate can help you get paperwork about the charges against your abuser. They can also help you get paperwork about the “conditions of release” that your abuser has to follow.

Decide Whether You Want a Lawyer

Most people do not have a lawyer in Relief from Abuse court cases. If you think you need one, ask your local domestic violence group or contact us at Vermont Law Help. You may also hire your own lawyer.

Do you want your Temporary Relief from Abuse Order to become a Final Relief from Abuse Order? You will need to go to the final hearing and talk to the judge. If you do not go, your temporary order will expire and you will not have a court order protecting you.

At the final hearing, tell the judge why you need a Relief from Abuse Order. Also tell the judge how long you want the Relief from Abuse Order to last.

If your abuser comes to court with a lawyer, you can ask the judge for time to find a lawyer to represent you if you want. You do not have to have a lawyer.

You can bring witnesses who saw what your abuser did or who saw or talked to you right after the abuse. You can also bring medical records or photographs of injuries or property damage.

At the end of the hearing, the judge will decide whether there is enough evidence for you to get a final order.

If the judge decides there is enough evidence for you to get a Final Order, the court will issue the order at the end of the final hearing. You will get a copy then.

If your abuser is there, the abuser will get a copy then, too. If not, the court will arrange for your abuser to be served with the order.

Take care: If your abuser is not at the hearing, the Temporary Order will expire at the hearing and the Final Order will not be effective until the abuser is served.

The Relief from Abuse Order is an order of the court. Still, your abuser might not follow the court order. What can you do if your abuser does something the order says he or she cannot do? You can call the police. The police can arrest your abuser for breaking the order. You can call your local domestic violence group. They may be able to help you talk to the police about what happened.

To modify (change), extend (make it cover a longer period of time), or vacate (stop) a relief from abuse order, you have to file a written request with the court. Use this motion form and send a copy of your motion to the defendant. The court will probably set a hearing on your request.

If you want to extend your final order, file your request about six weeks before the order expires. 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.