How to Obtain a Civil Order Against Stalking and Cyberbullying in Vermont

Discovering an Apple AirTag hidden inside your car bumper in Burlington, receiving dozens of obsessive late-night messages from a coworker in Rutland, or watching an ex-friend coordinate a targeted cyber-stalking campaign in Montpelier can turn daily life into a state of constant hypervigilance. When the person harassing you is not a spouse, relative, or former romantic partner, you cannot file a traditional domestic violence Relief from Abuse order in Vermont Family Court. Instead, Vermont law provides a dedicated civil injunction called an Order Against Stalking (OAS), heard in the Civil Division of the Vermont Superior Court.

Governed by 12 V.S.A. § 5131 through 12 V.S.A. § 5138, a Civil Order Against Stalking carries the full enforcement power of Vermont law enforcement. Once served on the perpetrator, any intentional violation of the civil stay-away or no-contact provisions immediately becomes a criminal offense under 13 V.S.A. § 1030, punishable by immediate arrest, up to 1 year in prison, and a fine of up to $5,000. However, because the Vermont Supreme Court strictly enforces First Amendment boundaries in civil stalking hearings, drafting your initial sworn declaration to satisfy every statutory element is critical.

Statutory Definitions and the Burden of Proof Under Vermont Law

Many unrepresented plaintiffs walk into the Vermont Superior Court, Chittenden Unit, Civil Division, Burlington or the Vermont Superior Court, Washington Unit, Civil Division, Montpelier assuming that proving someone insulted them online or sent unwanted angry texts is enough to win a stalking order. Under 12 V.S.A. § 5131, Vermont's legal definition of stalking is far more specific and requires proving three distinct statutory prongs by a preponderance of the evidence (more likely true than not, or 51% certainty) under 12 V.S.A. § 5133.

1. Purposeful 'Course of Conduct' (Two or More Acts)

Under 12 V.S.A. § 5131 (specifically subsections (1) and (6)), stalking requires a purposeful course of conduct directed at a specific person. Vermont law defines a course of conduct through two alternative statutory gateways:

• Two or More Physical or Electronic Acts (12 V.S.A. § 5131(1)(A)): Two or more acts over a period of time, however short, in which a person follows, monitors, surveils, threatens, or makes threats about another person, or interferes with another person's property. This definition explicitly covers acts conducted directly or indirectly, and by any action, method, electronic device, or means, but excludes constitutionally protected speech.
• 12-Hour Continuous Electronic Tracking or Cyber-Surveillance (12 V.S.A. § 5131(1)(B)): Intentionally following, monitoring, or surveilling another person by means of a Global Positioning System (GPS) or other electronic tracking device, or surveilling another person's internet or wireless activity continuously for 12 hours or more without authorization.

2. The 'True Threats' and Monitoring Narrowing Under Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020)

In the landmark decision Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020), the Vermont Supreme Court reversed a civil stalking order and established strict rules that every plaintiff and attorney in Vermont must follow when framing cyberbullying or harassment allegations. Because 12 V.S.A. § 5131 mirrors the criminal stalking statute (13 V.S.A. § 1062) and excludes constitutionally protected speech, the Court held that the word 'threaten' in 12 V.S.A. § 5131 refers strictly to true threats of physical harm-not threats to sue, threats to ruin someone's business reputation, or vulgar name-calling.Similarly, in State v. Noll, 208 Vt. 474 (VT Supreme Court 2018), the Court ruled that posting critical or offensive commentary about someone on a public blog or social media page is protected by the First Amendment unless it crosses into true physical threats, nonconsensual monitoring, or direct surveillance. Therefore, to win a cyberbullying-based Order Against Stalking in Vermont, your declaration must focus on monitoring, electronic surveillance, spyware, GPS tracking, property interference (such as hacking accounts or locking devices), or threats of physical violence.

3. Objective Reasonable Fear of Safety OR Substantial Emotional Distress

Finally, under 12 V.S.A. § 5131(6), the plaintiff must prove that the defendant knew or should have known that their course of conduct would cause a reasonable person either to fear for their physical safety (or the safety of a family member) or to suffer substantial emotional distress. Under 12 V.S.A. § 5131(6)(B) and precedent such as State v. Waters, 195 Vt. 233 (VT Supreme Court 2013), substantial emotional distress is demonstrated by a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or extreme psychological trauma that forces the victim to alter their daily routines, change locks, miss work, or seek medical or mental health counseling.

Key Micro-Niches for Vermont Civil Stalking Orders

Because 12 V.S.A. § 5132 restricts Civil Orders Against Stalking to defendants who are not family members, household members, or current/former dating partners (who must use the Family Division under 15 V.S.A. § 1103), Civil Division dockets heavily feature three specific interpersonal scenarios.

Filing Against a Former Friend or Roommate Dispute

When a close friendship sours in Burlington, Middlebury, or Brattleboro, a former friend often knows your daily schedule, your workplace parking spot, your Wi-Fi passwords, and your social circle. First, verify the shared-occupancy jurisdictional boundary: if you and the former friend ever lived together in the same apartment or house as roommates, 15 V.S.A. § 1101(2) classifies persons who 'have lived together' as household members, meaning a former roommate generally must be pursued via a Relief from Abuse complaint in the Family Division unless the relationship falls outside household definitions. For a non-cohabiting former friend, actionable stalking under 12 V.S.A. § 5131 occurs when the ex-friend uses shared location apps (like Find My iPhone or Snapchat Snap Map) to track your movements without permission, repeatedly drives past your home to photograph your visitors ('monitoring' and 'surveilling' under Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020)), slashes tires or vandalizes mail ('interfering with property'), or sends veiled threats of physical harm.

Obtaining an Order Against an Obsessed Co-Worker or Client

When a coworker, supervisor, or customer develops a fixation on an employee in South Burlington, Rutland, or St. Albans-waiting by the employee's car after shifts, following them to grocery stores, sending hundreds of obsessive DMs, or tracking their commute-waiting for corporate Human Resources to investigate may leave the victim in immediate physical danger. Under 12 V.S.A. § 5133, an employee can obtain a Civil Order Against Stalking that orders the coworker to stay 100 to 300+ feet away from the plaintiff's person, residence, and workplace. Furthermore, under Vermont's crime victim employment protection statute, 21 V.S.A. § 472c and 21 V.S.A. § 495, an employer is legally prohibited from firing, demoting, or penalizing a Vermont worker for taking time off to attend a stalking protection order hearing, and must make reasonable workplace safety accommodations once presented with the court order.

Dealing with Anonymous Online Stalkers and Cyber-Surveillance

Cyberstalkers frequently hide behind burner Instagram accounts, spoofed VoIP phone numbers (such as TextNow or Google Voice), encrypted Telegram handles, or anonymous email relays to monitor a victim, hack into iCloud or ring-camera accounts, or orchestrate 'doxxing' and 'swatting' attacks. How do you obtain a Vermont Order Against Stalking when you must put a physical name and service address on Form 100-00247S, Vermont, Judiciary, Complaint for Order Against Stalking and Form DPS132, Vermont, Department of Public Safety, Protection Order Service Information? Vermont attorneys use a two-pronged unmasking strategy:

• Law Enforcement Subpoenas Under 13 V.S.A. § 1027 & 13 V.S.A. § 1062: Because anonymous electronic threats, spoofing, and unauthorized 12-hour cyber-surveillance violate Vermont criminal law, reporting the digital headers and IP logs to the Vermont State Police Headquarters, Waterbury or the Burlington Police Department, Burlington enables detectives to issue rapid administrative or grand jury subpoenas to telecom and social media providers to unmask the subscriber's identity and physical address.
• Civil Pre-Action / John Doe Subpoenas (Vt. R. Civ. P. 27 & Vt. R. Civ. P. 45): Simultaneously, a private Vermont litigation attorney can file a companion civil tort complaint against 'John Doe' (or a Rule 27 petition) in the Superior Court Civil Division and immediately issue a Vt. R. Civ. P. 45 subpoena via Form 100-00501, Vermont, Judiciary, Civil Subpoena to the internet service provider (such as Comcast/Xfinity, Consolidated Communications, or Verizon) to identify the subscriber behind the IP address, then substitute the stalker's real name to serve the Order Against Stalking.

Step-by-Step Process in Vermont

Whether you live in Burlington, South Burlington, Rutland, Montpelier, or Brattleboro, securing a Civil Order Against Stalking under 12 V.S.A. § 5133 and 12 V.S.A. § 5134 follows seven strict procedural steps.

Step 1: Preserve Unaltered Digital Screenshots, Metadata, and Police Incident Numbers

Do not delete abusive messages or block the account before capturing full-screen screenshots that display the sender's handle, phone number, exact date, and timestamp. Export security camera clips, Apple AirTag/SmartTag alert notifications, and call logs, and obtain a police incident number from your local police department or state police barracks.

Step 2: Complete the Four Mandatory Vermont Judiciary Stalking Forms

Obtain and fill out the official Civil Division packet: (1) Form 100-00247S, Vermont, Judiciary, Complaint for Order Against Stalking (or Form 100-00247SM, Vermont, Judiciary, Complaint for Order Against Stalking on Behalf of a Minor if filing for a child under 16); (2) Form 100-00248, Vermont, Judiciary, Declaration in Support of Request for Order Against Stalking or Sexual Assault; (3) Form 100-00249, Vermont, Judiciary, Confidential Address Form for Stalking or Sexual Assault (which keeps your home address, phone number, and workplace hidden from the defendant); and (4) Form DPS132, Vermont, Department of Public Safety, Protection Order Service Information to help officers locate and serve the stalker.

Step 3: Draft Your Sworn Declaration to Satisfy Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020)

When writing Form 100-00248, Vermont, Judiciary, Declaration in Support of Request for Order Against Stalking or Sexual Assault (signed under penalty of perjury pursuant to 13 V.S.A. § 2904), organize the incidents in reverse chronological order with exact dates and times. Explicitly describe how the defendant followed, monitored, surveilled, interfered with your property, or threatened physical harm on at least two specific occasions, and detail the objective emotional distress or safety changes (such as installing security cameras, changing work shifts, or seeking therapy) the conduct caused.

Step 4: File for an Emergency Ex Parte Temporary Order

File your completed packet at $0 cost during regular courthouse hours (Monday through Friday, 8:00 AM to 4:30 PM) at the Civil Division in your county-such as the Vermont Superior Court, Chittenden Unit, Civil Division, Burlington, the Vermont Superior Court, Rutland Unit, Civil Division, Rutland, or the Vermont Superior Court, Windham Unit, Civil Division, Brattleboro. If the stalking emergency occurs at night, on a weekend, or on a holiday, 12 V.S.A. § 5136 allows you to contact your local police department or the Vermont State Police Headquarters, Waterbury to reach the on-call after-hours emergency judge by telephone.

Step 5: Law Enforcement Service of Process on the Defendant

Under 12 V.S.A. § 5134, if the judge finds that the defendant has stalked you and there is an immediate danger of further stalking, the court issues a Temporary Emergency Ex Parte Order the same day without prior notice to the defendant. The court transmits the paperwork to the local police or county sheriff for personal service under 12 V.S.A. § 5135. Keep in mind that while the temporary order is signed immediately, the defendant cannot be criminally prosecuted for violating it under 13 V.S.A. § 1030 until law enforcement physically serves them with the order.

Step 6: Upload Digital Exhibits to the Vermont Digital Evidence Portal (VDEP)

Prior to the final hearing-which must be scheduled within 14 days of the temporary order under 12 V.S.A. § 5134(b)-you or your attorney must upload all screenshots, ring-camera videos, call logs, and audio recordings to the Vermont Digital Evidence Portal (VDEP) and subpoena any corroborating witnesses using Form 100-00501, Vermont, Judiciary, Civil Subpoena.

Step 7: Prove Your Case at the Final Merits Hearing and Register the Order

At the final contested hearing under 12 V.S.A. § 5133, both sides testify under oath and cross-examine witnesses. Having a Vermont litigation attorney present your exhibits ensures your digital screenshots survive authentication and hearsay objections under the Vermont Rules of Evidence and stops the stalker from personally cross-examining you to intimidate you. If the judge finds by a preponderance of the evidence that the defendant stalked you, the court enters a Final Order Against Stalking for a fixed duration (commonly 1 to 2+ years, extendable upon motion under 12 V.S.A. § 5133(e)) and registers it statewide in the Vermont Department of Public Safety, Protection Order Database, Waterbury under 12 V.S.A. § 5137.

How Much Does it Cost in Vermont?

Vermont law removes all government financial barriers for victims seeking protection from stalking, though hiring private legal counsel for the contested final hearing is a common investment.

• Superior Court Filing Fee: $0. Under 12 V.S.A. § 5133(f), no filing fee may be charged by the Vermont Superior Court for filing a Complaint for an Order Against Stalking.
• Law Enforcement Service of Process Fee: $0. County sheriffs and municipal/state police serve temporary and final stalking orders on the defendant free of charge.
• Vermont Attorney Representation Fees: While you may file the initial emergency request on your own, defendants frequently hire aggressive defense lawyers for the 14-day final hearing to avoid the permanent collateral consequences recognized in Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020). Hiring a Vermont civil litigation or victim-rights attorney to draft your declaration, prepare VDEP exhibits, and represent you at the final merits hearing typically costs a flat fee of $1,200 to $3,500 (or $250 to $400 per hour).
• Unmasking Anonymous Stalkers (John Doe Subpoena Track): If you must file a companion civil lawsuit in Superior Court to issue Vt. R. Civ. P. 45 ISP subpoenas to unmask an anonymous cyberstalker, the civil complaint filing fee is $295, plus attorney time of $1,500 to $4,000.

How Long Does the Process Take?

Civil stalking proceedings move on one of the fastest dockets in the Vermont judiciary.

• Emergency Temporary Ex Parte Order Review: Reviewed and decided by a Superior Court judge on the same day of filing (usually within 1 to 4 hours, or immediately overnight via the after-hours emergency judge under 12 V.S.A. § 5136).
• Police Service on the Defendant: Typically completed within 24 to 72 hours when the defendant's home or work address is provided on Form DPS132, Vermont, Department of Public Safety, Protection Order Service Information.
• Final Contested Hearing Window (12 V.S.A. § 5134(b)): By statute, the court must schedule the final hearing within 14 days of issuing the temporary ex parte order.
• Duration of Final Order & Extensions: A Final Order Against Stalking is issued for a fixed period set by the judge (typically 1 to 3 years) and may be extended for additional fixed periods upon motion filed before expiration under 12 V.S.A. § 5133(e) without needing to prove new violations.

Frequently Asked Questions (FAQ)