Civil Orders Against Stalking and Sexual Assault in Vermont: Title 12 vs. Title 15

When seeking legal protection from harassment, stalking, or physical harm in Vermont, knowing exactly which type of protective order to file is crucial. Filing the wrong paperwork can lead to a dismissed case and delayed protection. The state divides these protective orders into two main categories based on your relationship with the offender.

Generally, Vermont law requires you to file a Relief from Abuse (RFA) order if you have a romantic or familial connection to the person. However, if the person harassing you is a complete stranger or merely an acquaintance, a different set of laws applies. In our directory, you can find a qualified local lawyer who can help you navigate this process smoothly.

Understanding the Differences: Title 15 vs. Title 12

Vermont statutes distinguish protective orders by the nature of the relationship and the type of conduct. Navigating these two avenues correctly ensures the court has the jurisdiction to grant your request.

Relationship Requirements: Intimate Partners vs. Strangers

Under 15 V.S.A. § 1103, a Relief from Abuse (RFA) order is designed specifically for household members, family members, or individuals who share or have shared a sexual or romantic relationship. This includes current or former spouses, domestic partners, and parents who share a child.

On the other hand, 12 V.S.A. § 5133 governs Civil Orders Against Stalking or Sexual Assault. This statute is built for situations where there is no intimate or familial relationship. For example, if a co-worker in Burlington or a neighbor in Montpelier is stalking you, Title 12 is the appropriate legal pathway.

The Burden of Proof

The standard of evidence varies slightly between the two types of orders. For a Title 15 RFA, you must prove that the defendant has abused you and that there is a danger of further abuse. Abuse can include physical harm, placing you in fear of imminent serious physical harm, or stalking.

For a Title 12 order, the burden of proof is focused heavily on a pattern of behavior. You must demonstrate that the defendant intentionally engaged in a course of conduct directed at you that would cause a reasonable person to fear for their safety. Vermont courts closely examine the intent behind the actions, as seen in precedents like Hinkson v. Stevens, 213 Vt. 32 (VT Supreme Court 2020), which helped clarify what behaviors constitute actionable stalking under state law.

Step-by-Step Filing Procedures in Vermont

Whether you live in Burlington, Rutland, or Montpelier, the procedure for obtaining a protective order generally follows these straightforward steps.

Step 1: Selecting and Completing the Correct Forms

If you are filing for a standard RFA under Title 15, you will need to fill out Form 400-00150C, Vermont, Superior Court, Complaint for Relief from Abuse. You must provide specific details about the most recent incidents of abuse.

If your case falls under Title 12 (strangers/acquaintances), you must use Form 100-00247S, Vermont, Superior Court, Complaint for Order Against Stalking. In either case, it is highly recommended to fill out the accompanying affidavit to detail your specific timeline of events.

Step 2: Filing at the Correct Courthouse

Protective orders are filed at the Superior Court in the county where you or the defendant reside. For Title 15 RFA cases, you submit documents to the Family Division, such as the Vermont Superior Court, Chittenden Family Division, Burlington or the Vermont Superior Court, Rutland Family Division, Rutland.

For Title 12 Stalking Orders, documents are generally filed with the Civil Division, such as the Vermont Superior Court, Washington Civil Division, Montpelier.

Step 3: Temporary Ex Parte Order

When you file your paperwork, a judge will review it immediately. If the judge believes you are in immediate danger, they may issue a temporary "ex parte" order. This means the order goes into effect before the defendant is even notified or has a chance to appear in court.

Step 4: Service of Process

Once a temporary order is granted, the defendant must be officially served with the paperwork. In Vermont, this is usually handled by local law enforcement at no cost to you. The order is not legally enforceable until the defendant has been served.

Step 5: The Final Hearing

A final hearing is typically scheduled within 14 days of the temporary order. Both parties have the opportunity to present evidence, witnesses, and testimony. It is highly beneficial to have a lawyer represent you during this hearing. If the judge rules in your favor, a final order will be issued, which can last for up to a year or longer depending on the circumstances.

How Much Does it Cost in Vermont?

Financial concerns should never stop you from seeking safety. The state ensures that accessing protective orders is affordable and accessible for all residents.

• Court Filing Fees: $0. Vermont law prohibits courts from charging filing fees for any Title 15 or Title 12 protective orders.
• Service Fees: $0. Law enforcement serves these specific documents free of charge.
• Attorney Fees: If you choose to hire a private attorney, rates vary. Most Vermont family lawyers charge between $200 and $400 per hour.

How Long Does the Process Take?

The initial process is incredibly fast. You can typically get a temporary ex parte order on the exact same day you file your paperwork at the courthouse. The final hearing is mandated to occur quickly, usually within 14 days of filing. If a final order is granted, it is typically valid for up to one year, though it can be extended if you file a request before the original order expires.

Frequently Asked Questions (FAQ)