Relief From Abuse

To get a court order for relief from abuse (RFA), you must show the court that the defendant is a family member or household member, that the defendant has abused you or your children, and that there is a danger of further abuse if an RFA is not issued.

Abuse is defined as one or more of the following:

• Attempting to cause or causing physical harm
• Placing another in fear of imminent serious physical harm
• Abuse to children, as defined in the child protection statutes
• Stalking, as defined in the stalking statute
• Sexual assault, as defined in the stalking statute

Household members means people who, for any period of time

• are living or have lived together,
• are sharing or have shared a dwelling,
• are in or have been in a sexual relationship, or
• are dating or have dated.

Dating means a social relationship of a romantic nature. In deciding whether you meet the definition of dating, courts consider:

• The nature of the relationship
• The length of the relationship
• The frequency of your interaction with the other person
• The length of time since the relationship ended

If you don't qualify for an RFA order because the other person isn't a household member or family member, you may consider filing a request for an order against stalking.

You can download and complete the forms needed to ask for a Relief from Abuse Order, or you can pick up the forms at the courthouse at the Family Division.

You can file the request at any superior court location if you have fled your home to avoid abuse. You can file in person or by email. See the Filing Procedures web page for information about other filing options.

• The person asking for relief from abuse is the plaintiff.
• The person against whom the order is issued is the defendant.

You can file a request for an RFA order for yourself, your children, or both. You can file a request for an RFA order if you are 16 years of age or older. If you are in a dating relationship, you may file at any age. A dating relationship is a social relationship of a romantic nature.

These are the forms you need to file if you are requesting an order for yourself, or for yourself and your minor children:

• Complaint for Relief from Abuse (Form 400-00150C)  
• Affidavit in Support of Relief from Abuse Complaint (Form 400-00151N)
• Confidential Notification for Relief from Abuse (Form 400-00156)
• Relief from Abuse Order Service Information (Form DPS 132)

These are the forms you need to file if you are requesting an order for just your minor children:

• Complaint for Relief From Abuse on Behalf of a Child (Form 400-00150CC)
• Affidavit in Support of Relief from Abuse Complaint for Child (Form 400-00151MN)
• Confidential Notification for Relief from Abuse (Form 400-00156)
• Relief from Abuse Order Service Information (Form DPS 132)

You can find the forms listed above at the bottom of this web page. 

You can ask for an RFA order at any time, including nights, weekends, and holidays.

Call 800-540-9990 for help with an emergency request after court business hours, which are Monday - Friday, 8:00 am - 4:30 pm. 

Once you file your request for emergency relief, your complaint and affidavit are given to the judge for expedited review.

If Your Request Is Granted

If the court grants your request for emergency relief, it will issue a temporary order. The temporary order will detail the type of restrictions the defendant must follow.

The court will schedule a hearing within 14 court days of the order date. You will receive a copy of the temporary order and information about the date and time of your hearing.

The court will send a copy of the complaint and affidavit you filed along with the temporary order with the date of the hearing to law enforcement. Law enforcement will deliver the documents to (serve) the defendant. The temporary order is not effective until the defendant is served.  

Be sure to go to the hearing!

• If you do not go to the hearing your case will be dismissed, even if the defendant has not been served.
• If the defendant has not been served by the time of the hearing, you can ask to extend the temporary order and schedule a new hearing.
• If the defendant has been served and they do not go to the hearing, you can ask the the court to grant a final order without any input from the defendant.

The temporary order is in effect until the hearing.

If Your Request Is Denied

The judge may deny your request for relief if the information you provided does not meet the requirements for an order to be issued. 

• You have the right to ask for a hearing. You must make the request within seven days of the denial. At the hearing you can give court information to support your request for an order. To request a hearing, file an Intent to Pursue or Withdraw Complaint form. You can find the form at the bottom of this page in the Forms section. There is no temporary order in place.
• You can instead decide to withdraw your request by filing an Intent to Pursue or Withdraw Complaint form. If you withdraw your request, the case will be closed. The complaint and affidavit will be kept confidential, and the defendant will not be able to see them. 
• If you do not file an Intent to Pursue or Withdraw Complaint form, the court will assume you have withdrawn your request. The case will be closed. The complaint and affidavit will be kept confidential, and the defendant will not be able to see them.

If you ask for a hearing, the court will set a hearing date. The court will send a copy of your Complaint, Affidavit, Intent to Pursue or Withdraw Complaint, a copy of the order denying your request for a temporary order, and hearing information to law enforcement. Law enforcement will serve the documents on the defendant.

Be sure to go to the hearing!

• If you do not go to the hearing your case will be dismissed, even if the defendant has not been served.
• If the defendant has not been served by the time of the hearing, you can ask to reschedule the hearing.
• If the defendant has been served and they do not go to the hearing, you can ask the the court to grant a final order without any input from the defendant.

There is no temporary order in place before the hearing.  

Plaintiff

If you filed the request for relief from abuse (RFA), you are the plaintiff. You must be at court no later than the time on your notice. This is your opportunity to present information from you and your witnesses to the court. If you do not come to the hearing, your request for a final RFA order will be dismissed. Any temporary order will expire on that day.

You can arrange in advance for an advocate from your local domestic abuse program to be with you in court. The court may not allow the advocate to speak during the hearing.

If you want to get child support please tell the judge at the hearing. The maximum amount of time that child support can be ordered in a relief from abuse case is 90 days.

Defendant

If you have been served with a temporary order for relief from abuse, or with a notice of hearing, you are the defendant.

Before the hearing date, you have the right to ask the judge to change the restrictions of the order. You need to make this request in writing by filing a Motion to Modify Temporary Relief From Abuse Order:

You must come to your hearing at the time on your notice. This is your opportunity to present information from you and your witnesses to the court. If you do not come to the hearing, the court will grant a final order if the plaintiff's testimony supports it. You won't get a chance to give the court your side of the story.

You can request to take part in the hearing by phone if you are in jail or live far away. You must file your request in writing before the hearing.

Your ability to hold certain jobs, have firearms and ammunition, or keep your immigration status may be affected if a final order is granted. If you have questions about the federal Gun Control Act or other laws, you may want to consult with a lawyer.

For Both Parties

You may need to get clothes or other personal items from the home before the hearing. If the order allows it, you must make those arrangements with your local police or sheriff. Police officers and sheriffs may charge for their services.

You may want to talk to or hire a lawyer. If you have a lawyer in another active family division case, you should talk to your lawyer before the hearing.

If there are adult witnesses to the abuse, you may want to bring them to testify at the hearing. The judge may not accept written statements from people not in court, and may not allow them to testify by telephone.

If you have a child (or children) with the other person, think about parent–child contact (visitation). Be ready to suggest a schedule that will work for your child. Think about whether you want to do drop-offs and pickups without having to see the other person. It is important to take some time before the hearing to prepare a plan.

If you are going to ask for supervised parent–child contact, you will need to tell the judge why this is in your child’s best interest. You may suggest a person to supervise drop-offs, pickups, or visits. Check with that person before the hearing. Some communities have programs that offer a safe place for parents to do drop-offs and pickups or visits. You can ask the court whether there is a program in your community.

Orders in a relief from abuse cases are not meant to be long term. You will need to file a separate case to get orders about custody, visitation, and child support (unless there already is one). To get final orders about property ownership, you will need to file a divorce, separation, or civil union dissolution case if you are married or have a civil union. The family division cannot issue a final order about property if you are not married or in a civil union. You will need to file a case in the civil division.

If you need help with English or sign language, please contact the court right away. A special video is available that may assist you.

You should arrive at the time on the notice. Courts will provide separate areas for plaintiffs and defendants if possible.

Do not expect to talk to each other before the hearing.

An educational video will help you get ready for your hearing. Both parties will watch the video separately.

You should bring your paperwork with you.

You may want to have paper and a pen to take notes.

You may bring a support person to the hearing. The judge will decide whether that person will be allowed to sit with you or speak to the judge. The person is welcome to watch the educational video with you.

If you are bringing exhibits (papers or pictures related to your case), bring a copy for the court, one for the other person in the case, and one to keep. If you are bringing a tape recording, also bring the equipment needed to play it. The judge may not allow what you bring to become part of the case.

You can find general information about going to court here.

There is no child care available at the courthouse. Also, children are not allowed in the courtroom. Please arrange for someone to care for your child (or children) during the hearing.

The court has issued a final order intended to protect you from abuse. If the defendant violates the order, contact law enforcement.

Service: Usually, the defendant receives a copy of the final order at the end of the hearing. If the defendant was not at the hearing, it is the court’s responsibility to have law enforcement serve the final order on the defendant. If the defendant is not personally served, the order will not be enforceable, and your safety could be at risk.

Enforcement: All orders forbid the defendant from abusing you and/or your children. Depending on what your order says, the defendant may not contact you or be near you, your home, work, school, or vehicle, or your children. Immediately report any violations of the order to law enforcement. They will help you enforce your order. Keep a copy of the order with you.

Coverage: All law enforcement officers can check a nationwide list to see whether your order is in effect and what its terms are. Your order is enforceable throughout the state and the country.

Understanding your order: You need to read your order and understand it. The order is only against the defendant. This means that only the defendant can violate the order. Do not encourage contact with the defendant if the defendant is ordered not to contact you. Any criminal case against the defendant is separate from this RFA case. This order will not change conditions of release or probation conditions against the defendant that have been issued. A change or dismissal of this RFA order does not change the defendant’s conditions of release or probation conditions.

Changes to the order: Only the court can change or dismiss the order. You or the defendant can request a change to the order in writing by filing a Motion to Modify/Extend/Vacate Relief From Abuse Order

The judge may schedule a hearing before making any changes to an existing order.

Communication: If your order prevents contact between you and the defendant, the judge must change the order before the defendant may have contact with you.

Personal belongings: Your order may allow you or the defendant to pick up personal belongings from the home. That should happen only in the way the order allows. Contact your local law enforcement for help. You may have to pay for this service.

Expiration: Please note the expiration date of your order on the first and last pages. If you want to extend the order beyond the expiration date, you must file a written request with the court. Be sure to file it a few weeks before the order ends.

Children: You will need to file a parentage, divorce, separation, or civil union dissolution case if you want any long-term orders. Any custody or visitation terms in this RFA order will end when the order expires.

Property: To get final orders about property rights or ownership, you will need to file a divorce, separation, or civil union dissolution case if you are married or have a civil union. If you are not married or in a civil union, to get a final order about property ownership, you will need to file a small claims or civil case in the civil division.

The court has issued a final relief from abuse order. You can be charged with a crime in criminal court if you violate this order.

Understanding your order: You need to read the order and understand exactly what it says so that you do not violate it. If you do not understand it, you may wish to get legal help. Keep a copy with you.

Enforcement: The order is only against you. Only you can violate it. If you do, you can be arrested. The order will be enforced by law enforcement.

What to do: If accidental contact happens (usually in a public place), get away from the situation immediately. If the order does not allow telephone contact and the plaintiff calls you, hang up the phone.

Changes to the order: Only the court can change or dismiss the order. You or the plaintiff can request a change to the order in writing by filing a Motion to Modify/Extend/Vacate Relief From Abuse Order:

The judge may schedule a hearing before making any changes to an existing order.

Coverage: All law enforcement officers can check a nationwide list to see if the order is in effect and what its terms are. Your order is enforceable throughout the state and country.

Criminal orders: Any criminal case against you is separate from this RFA case. This order (or its dismissal) will not change conditions of release or probation conditions against you.

Firearms: The order may include provisions about firearms. If you violate those provisions by buying, having, or owning firearms or ammunition, you could be charged with a federal crime. If you have any questions about this, you may wish to get legal help.

Immigration: If you are not a U.S. citizen, the order may affect your right to remain in this country. If you are a citizen, it may affect your right to travel outside the country. You may wish to get legal help.

Personal belongings: Your order may allow you to pick up personal belongings from the home. That should happen only in the way the order allows. Contact your local law enforcement for help. You may have to pay for this service.

Expiration: This order will remain in effect until the expiration date on the first and last pages. It will be enforced as written until it expires.

Children: You will need to file a parentage, divorce, separation, or civil union dissolution case if you want any long-term orders. Any custody or visitation terms in the RFA order will end when the order expires, unless also included in a final divorce, parentage, or dissolution order.

Property: To get final orders about property rights or ownership, you will need to file a divorce, separation, or civil union dissolution case if you are married or have a civil union. If you are not married or in a civil union, to get a final order about property ownership, you will need to file a small claims or civil case in the civil division.

A Relief From Abuse (RFA) order may require the defendant to relinquish firearms. This means the defendant must turn in all firearms as soon as they are served with the RFA order. The order may also apply to ammunition and other weapons.

The parties should read the RFA order carefully to see what it says about relinquishment of firearms.

Temporary Order

A temporary RFA order may prohibit the defendant from possessing, controlling, or buying firearms as long as the order is in effect.

The temporary order may also require the defendant to immediately surrender any firearms they own, possess, or control to the law enforcement agency serving the order. Read the temporary order to see if these conditions apply.

 

Final Order

A final RFA order will prohibit the defendant from possessing, controlling, or buying firearms as long as the order is in effect.

The final order will also require the defendant to immediately surrender any firearms they own, possess, or control to the law enforcement agency serving the order, to a federally licensed firearms dealer (FFL), or to a third party.

How to relinquish firearms

• The order will specify who the firearms must be surrendered to: the agency serving the order, an FFL, or a third party.
• If firearms are being brought to a police department or an FFL, don't bring them into the building. Lock them in the car and ask staff for instructions.
• Make sure the firearms are unloaded before turning them over.
• Law enforcement or an FFL will provide a receipt for the firearms. Keep the receipt. It can be used to show the court the defendant has complied with the order. They may also need it when picking up the firearms.

If the defendant possesses or controls firearms they don't own

The defendant must turn over any firearms they possess or control even if they don't own them.

For example, if someone left a weapon with the defendant, the defendant is required to surrender the weapon even though they don't own it.

If the defendant owns firearms they don't possess or control

The defendant must turn over any firearms they own even if they aren't in their immediate control or possession.

For example, the defendant owns a firearm, but they loaned it to someone. The person who has the firearm must immediately take it to a law enforcement agency as directed by the officer serving the order.

If the defendant doesn't turn in firearms

If the defendant doesn't turn in firearms as required by the court order, they can be charged with a state or federal crime. They could also be found in contempt of court. Penalties can include fines and jail time.

Finding a federally licensed firearms dealer

The Vermont State Police Firearms Storage Program web page provides information about federally licensed firearms dealers willing to store weapons.

Cost to store firearms

Law enforcement and FFLs may not charge to store firearms as part of a temporary RFA order.

Law enforcement and FFLs are allowed to charge for storing firearms as part of a final RFA order.

Asking to have a third party hold firearms

After a final RFA order is granted, the defendant may ask to modify the order to let them transfer their firearms from law enforcement to a third party, such as a friend or family member.

The third party generally can't be someone who lives with the defendant. The judge may require the proposed third party to undergo a background check. The third party must promise they won't allow the defendant to access the firearms. If they allow the defendant access, they may be charged with a crime.

To make the request, file a Motion and Affidavit to Modify Relief from Abuse Order to Permit Third Party to Hold Firearms form (400-00155). There is a link to the form at the bottom of this web page under Forms Related to Surrender of Firearms.

The court will schedule a hearing. The court may require the third party to attend the hearing. The plaintiff may come to the hearing, but they are not required to.

The court must find that allowing the third party to hold the firearm does not place the plaintiff or other protected parties at risk in order to grant the request.

If the request is granted, the third party must fill out a Statement Upon Receipt of Firearms form (400-00152A). There is a link to the form at the bottom of this web page under Forms Related to Surrender of Firearms.

If the defendant has already given the firearms to a third party

If the defendant has given a third party the firearms, the third party must give them to law enforcement or an FFL until the court approves the request to have a third party hold the firearms.

The court will not approve a third party unless they have surrendered the firearms to law enforcement. If they don't give the firearms to law enforcement or a licensed firearms dealer, the defendant may be found to be in violation of the order.  Law enforcement may seek a search warrant of the third party’s property to retrieve the firearms.

Asking to have firearms returned

Once the RFA order has expired, the defendant can ask to have the firearms returned by filing a Motion for Order to Release Firearms form (400-00152B). There is a link to the form at the bottom of this web page under Forms Related to Surrender of Firearms.

If the judge grants the request to return the firearms:

• Give a copy of the order to the law enforcement agency, FFL, or the third party holding the firearms.
• Pay any outstanding storage fees. If fees aren't paid within 90 days of the date of the order, the firearms may be sold to cover the storage costs. 
• Once the storage fees have been paid, the police agency or FFL must make the firearms available within three days of receiving the order.
• The firearms won't be returned if there is a federal or state law prohibiting their return. For example, an illegal firearm won't be returned.   

There may be other court orders which affect the defendant's ability to have firearms. If they have been charged in a criminal case, for example, the court may have imposed conditions of release related to firearms. While the defendant may no longer be prohibited from possessing a weapon in the RFA case, they may be restricted in another case.  

Talk to an attorney

Consider talking to an attorney about how your court cases affect your ability to possess or purchase firearms. See the Finding Legal Help web page for information about the ways to talk to an attorney.

Statutory Citations

15 V.S.A. § 1104, 20 V.S.A. § 2307, and 18 U.S.C. § 921.