Conozca la Ley: Vermont
ACTUALIZADA 24 de octubre, 2012
This is a civil order that protects victims of stalking or sexual assault.
Basic info
arribaWhat is a sexual assault or stalking protective order?
A sexual assault or stalking protective order is a civil court order, which can protect you from someone who is not a family member or household member who has stalked or sexually assaulted you. A household member is generally defined as someone who you live/d with, have/had a sexual relationship with, or someone you date/d, for any period of time.** If a family member or household member has stalked or sexually assaulted you, you may be eligible for a relief from abuse order instead. For more information, see the Relief from Abuse Orders section.
* VT ST T. 12 § 5133(a)
** VT ST T. 15 § 1101(2)
arribaWhat is the definition of stalking in Vermont?
Stalking is basically defined as when someone repeatedly (at least 2 times) follows you, hides to wait for you, or engages in “threatening behavior” towards you or someone in your family and the conduct must:
- have no legitimate (valid) purpose; and
- reasonably cause you to:
- fear for your safety or
- suffer substantial emotional harm.*
- commit unlawful sexual acts;
- illegally restrain you;
- cause physical injury; or
- cause death.**
* VT ST T. 12 § 5131(6)
** VT ST T. 12 § 5131(8)
arribaWhat is the definition of sexual assault in Vermont?
For the purpose of getting this protective order, "sexual assault" is defined as when the abuser commits one of the following crimes against you - however, s/he does not have to be arrested for the crime and it does not have to be reported to the police for you to file for this protective order. His/her actions, however, must match the description of one of the crimes below – click on each crime to read its definition:
- lewd and lascivious conduct with a child (i.e., inappropriately touching a child under age 16 for sexual pleasure);
- sexual assault;
- aggravated sexual assault;
- use of a child in a sexual performance; or
- consenting to a sexual performance (this is when a parent, guardian, or custodian of a child allows the child to be used for a sexual performance). (Note: To file for a protection order under this ground, it would be the child/victim filing against his/her guardian).*
arribaWhat types of protective orders are available? How long do they last?
There are two types of protective orders - the temporary ex parte order and the final order.
Temporary ex parte order
You can file a complaint and affidavit (sworn statement) for a temporary protective order during regular court hours. If the judge believes that the abuser/defendant stalked or sexually assaulted you, the judge can give you a temporary ex parte protective order without prior notice to the abuser/defendant. A temporary protective order can state that the abuser has to stay away from you and/or your children and can include any other terms to protect the safety of you and/or your children.*
Final protective order against stalking or sexual assault
Every order will give a date (within the next 10 days), a time, and the place that the defendant can appear to petition the court to modify (change) or to dismiss the order. At this court hearing, you will have to prove that the defendant stalked or sexually assaulted you to get the protective order continued.** If the defendant was convicted criminally of sexual assault, the judge can issue a protection order without considering whether or not the defendant poses a risk of future harm. However, if s/he was not convicted criminally of sexual assault, the judge must believe that s/he sexually assaulted you and that there is a danger of further harm to you. The judge can consider the defendant's past behavior as relevant evidence of future harm but, in general, the judge cannot consider evidence about your reputation or your past sexual conduct (although there are exceptions).***
If necessary, the judge can add additional protections to the final order. At this hearing, the abuser/defendant has the right to offer evidence to prove that s/he did not stalk or sexually assault you. Both you and the abuser can offer witnesses, testimony, and other evidence to prove your case. You may want to be represented by a lawyer at this hearing, especially if the abuser has one. Go to our VT Finding a Lawyer page for free and paid legal referrals.
Final protective orders against stalking or sexual assault will be for a fixed period of time, which will be stated in the order. The order can be extended, however. For more information, see Can the order be changed or extended?
* VT ST T. 12 § 5134(a)
** VT ST T. 12 § 5134(b)
*** VT ST T. 12 § 5133(d)(1),(c)
arribaHow can a sexual assault or stalking protective order help me?
A sexual assault or stalking protective order can order the abuser to stay away from you and/or your children.* Under Vermont law, “stay away” means that the offender cannot:
- be physically close to you;
- have “nonphysical contact” with you directly or through a third person regardless of whether or not the third person knows about the order.** Nonphysical contact means s/he cannot contact you in writing, through telephone, mail, e-mail, or other electronics.***
* VT ST T. 12 § 5133(d)
** VT ST T. 12 § 5131(7)
*** VT ST T. 12 § 5131(4)