§ 5131. Definitions
As used in this chapter:
(1)(A) “Course of conduct” means:
(i) 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; or
(ii) use of any electronic, digital, or precise geolocation device or software or application
to surveil a specific person or a specific person’s internet or wireless activity
continuously for 12 hours or more or on two or more occasions over a period of time,
however short, without authorization.
(B) This definition shall apply to acts conducted by the person directly or indirectly,
and by any action, method, device, or means. Constitutionally protected activity is
not included within the meaning of “course of conduct.”
(C) As used in subdivision (A) of this subdivision (1), threaten shall not be construed
to require an express or overt threat.
(2) [Repealed.]
(3) “Nonphysical contact” includes telephone calls, mail, email, social media commentary
or comment, or other electronic communication, fax, and written notes.
(4) “Reasonable person” means a reasonable person in the victim’s circumstances.
(5) “Sexually assaulted the plaintiff” means that the defendant engaged in conduct that
meets elements of lewd and lascivious conduct as defined in 13 V.S.A. § 2601, lewd and lascivious conduct with a child as defined in 13 V.S.A. § 2602, sexual assault as defined in 13 V.S.A. § 3252, aggravated sexual assault as defined in 13 V.S.A. § 3253, use of a child in a sexual performance as defined in 13 V.S.A. § 2822, or consenting to a sexual performance as defined in 13 V.S.A. § 2823, and that the plaintiff was the victim of the offense.
(6) “Stalk” means to engage purposefully in a course of conduct directed at a specific
person that the person engaging in the conduct knows or should know would cause a
reasonable person to:
(A) fear for the person’s safety or the safety of a family member; or
(B) suffer substantial emotional distress as evidenced by:
(i) a fear of unlawful sexual conduct, unlawful restraint, bodily injury, or death; or
(ii) significant modifications in the person’s actions or routines, including moving from
an established residence, changes to established daily routes to and from work that
cause a serious disruption in the person’s life, changes to the person’s employment
or work schedule, or the loss of a job or time from work.
(7) “Stay away” means to refrain from knowingly:
(A) initiating or maintaining a physical presence near the plaintiff;
(B) engaging in nonphysical contact with the plaintiff directly or indirectly; or
(C) engaging in nonphysical contact with the plaintiff through third parties who may or
may not know of the order.
(8) [Repealed.] (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 2; 2015, No. 162 (Adj. Sess.), § 2; 2025, No. 46, § 1, eff. July 1, 2025.)
§ 5132. Jurisdiction and venue
(a) The Superior Court shall have jurisdiction over proceedings under this chapter.
(b) Proceedings under this chapter may be commenced in the county in which the plaintiff
resides. If the plaintiff has left his or her residence to avoid being stalked or
sexually assaulted, the plaintiff shall have the option to bring an action in the
county of the previous residence or the county of the new residence. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
§ 5133. Requests for an order against stalking or sexual assault
(a) A person, other than a family or household member as defined in 15 V.S.A. § 1101(2), may seek an order against stalking or sexual assault on behalf of himself or herself
or his or her children by filing a complaint under this chapter. A minor 16 years
of age or older may file a complaint under this chapter seeking relief on his or her
own behalf. The plaintiff shall submit an affidavit in support of the order.
(b) Except as provided in section 5134 of this title, the court shall grant the order only after notice to the defendant and a hearing.
The plaintiff shall have the burden of proving by a preponderance of the evidence
that the defendant stalked or sexually assaulted the plaintiff.
(c) In a hearing under this chapter, neither opinion evidence of nor evidence of the reputation
of the plaintiff’s sexual conduct shall be admitted. Evidence of prior sexual conduct
of the plaintiff shall not be admitted; provided, however, where it bears on the credibility
of the plaintiff or it is material to a fact at issue and its probative value outweighs
its private character, the court may admit any of the following:
(1) evidence of the plaintiff’s past sexual conduct with the defendant;
(2) evidence of specific instances of the plaintiff’s sexual conduct showing the source
of origin of semen, pregnancy, or disease; or
(3) evidence of specific instances of the plaintiff’s past false allegations of violations
of 13 V.S.A. chapter 59 or 72.
(d) If the court finds by a preponderance of evidence that the defendant has stalked or
sexually assaulted the plaintiff, or has been convicted of stalking or sexually assaulting
the plaintiff, the court shall order the defendant to stay away from the plaintiff
or the plaintiff’s children, or both, and may make any other order it deems necessary
to protect the plaintiff or the plaintiff’s children, or both.
(e) Relief shall be granted for a fixed period, at the expiration of which time the court
may extend any order, upon motion of the plaintiff, for such additional time as it
deems necessary to protect the plaintiff or the plaintiff’s children, or both. It
is not necessary for the court to find that the defendant stalked or sexually assaulted
the plaintiff during the pendency of the order to extend the terms of the order. The
court may modify its order at any subsequent time upon motion by either party and
a showing of a substantial change in circumstance.
(f) No filing fee shall be required.
(g) Every order under this chapter shall contain the name of the court, the names of the
parties, the date of the petition, and the date and time of the order and shall be
signed by the judge.
(h) Form complaints and form orders for an “Order Against Stalking or Sexual Assault”
shall be provided by the Court Administrator and shall be maintained by the clerks
of the courts.
(i) When findings are required under this section, the court shall make either written
findings of fact or oral findings of fact on the record.
(j) Every final order issued under this section shall bear the following language: “VIOLATION
OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND
MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR
BOTH.”
(k) Affidavit forms required pursuant to this section shall bear the following language:
“MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT
OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.”
(l) A finding by the court pursuant to this chapter that the defendant stalked or sexually
assaulted the plaintiff shall not be admissible in any subsequent civil proceedings
for the purpose of establishing liability. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2015, No. 162 (Adj. Sess.), § 3.)
§ 5134. Emergency relief
(a) In accordance with the Vermont Rules of Civil Procedure, a person other than a family
or household member as defined in 15 V.S.A. § 1101(3) may file a complaint for a temporary order against stalking or sexual assault. Stalking
complaints shall be filed during regular court hours. The plaintiff shall submit an
affidavit in support of the order. The court may issue a temporary order under this
chapter ex parte, without notice to the defendant, upon motion and findings by the
court that the defendant has stalked or sexually assaulted the plaintiff. The court
may order the defendant to stay away from the plaintiff or the plaintiff’s children,
or both, and may make any other such order it deems necessary to protect the plaintiff
or the plaintiff’s children, or both.
(b) Every order issued under this section shall contain the name of the court, the names
of the parties, the date of the petition, and the date and time of the order and shall
be signed by the judge. Every order issued under this section shall state upon its
face a date, time, and place that the defendant may appear to petition the court for
modification or discharge of the order. This opportunity to contest shall be scheduled
as soon as reasonably possible, which in no event shall be more than 14 days from
the date of issuance of the order. At such hearings, the plaintiff shall have the
burden of proving by a preponderance of the evidence that the defendant stalked or
sexually assaulted the plaintiff. If the court finds that the plaintiff has met his
or her burden, it shall continue the order in effect and make such other orders as
it deems necessary to protect the plaintiff or the plaintiff’s children, or both.
(c) Form complaints and form orders shall be provided by the Court Administrator and shall
be maintained by the clerks of the courts.
(d) Every order issued under this chapter shall bear the following language: “VIOLATION
OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AND
MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR
BOTH.”
(e) Affidavit forms required pursuant to this section shall bear the following language:
“MAKING FALSE STATEMENTS IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT
OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 2904.” (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2007, No. 174 (Adj. Sess.), § 3; 2017, No. 11, § 23; 2025, No. 12, § 1, eff. September 1, 2025.)
§ 5135. Service
(a) A complaint or ex parte temporary order or final order issued under this chapter shall
be served in accordance with the Vermont Rules of Civil Procedure and may be served
by any law enforcement officer. A court that issues an order under this chapter during
court hours shall promptly transmit the order electronically or by other means to
a law enforcement agency for service.
(b) A defendant who attends a hearing held under section 5133 or 5134 of this title at which a temporary or final order under this chapter is issued and who receives
notice from the court on the record that the order has been issued shall be deemed
to have been served. A defendant notified by the court on the record shall be required
to adhere immediately to the provisions of the order. The clerk shall mail a copy
of the order to the defendant at the defendant’s last known address.
(c) Orders against stalking or sexual assault shall be served by the law enforcement agency
at the earliest possible time and shall take precedence over other summonses and orders,
with the exception of abuse prevention orders issued pursuant to 15 V.S.A. chapter 21. Orders shall be served in a manner calculated to ensure the safety of the plaintiff.
Methods of service which include advance notification to the defendant shall not be
used. The person making service shall file a return of service with the court stating
the date, time, and place that the order was delivered personally to the defendant.
(d) If service of a notice of hearing issued under section 5133 or 5134 of this title cannot be made before the scheduled hearing, the court shall continue the hearing
and extend the terms of the order upon request of the plaintiff for such additional
time as it deems necessary to achieve service on the defendant. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2013, No. 17, § 3; 2013, No. 17, § 4, eff. Nov. 1, 2013; 2025, No. 12, § 2, eff. September 1, 2025.)
§ 5136. Procedure
(a) Except as otherwise specified in this chapter, proceedings commenced under this chapter
shall be in accordance with the Vermont Rules of Civil Procedure and shall be in addition
to any other available civil or criminal remedies.
(b)(1) The Court Administrator is authorized to contract with public or private agencies
to assist plaintiffs to seek relief and to gain access to Superior Court. Law enforcement
agencies shall assist in carrying out the intent of this section.
(2) The Court Administrator shall establish procedures to ensure access to orders against
sexual assault after regular court hours or on weekends and holidays in accordance
with subdivisions (A)–(D) of this subdivision.
(A) The court shall designate an authorized person to receive requests for ex parte emergency
relief orders against sexual assault submitted after regular court hours pursuant
to section 5134 of this title, including requests made by reliable electronic means according to the procedures
in this subdivision (2).
(B) If a secure setting is not available for processing an ex parte emergency relief order
against sexual assault submitted after regular court hours, or if the authorized person
determines that electronic submission is appropriate under the circumstances, the
authorized person shall inform the applicant that a complaint and affidavit may be
submitted electronically.
(C) The affidavit shall be sworn to or affirmed by administration of the oath over the
telephone to the applicant by the authorized person and shall conclude with the following
statement: “I declare under the penalty of perjury pursuant to the laws of the State
of Vermont that the foregoing is true and accurate. I understand that making false
statements is a crime subject to a term of imprisonment or a fine, or both, as provided
by 13 V.S.A. § 2904.” The authorized person shall note on the affidavit the date and time that the oath
was administered.
(D) The authorized person shall communicate the contents of the complaint and affidavit
to a judicial officer telephonically or by reliable electronic means. The judicial
officer shall decide whether to grant or deny the complaint and issue the order solely
on the basis of the contents of the affidavit or affidavits provided. The judicial
officer shall communicate the decision to the authorized person, who shall communicate
it to the applicant. If the order is issued, it shall be delivered to the appropriate
law enforcement agency for service and to the holding station.
(c) The Office of the Court Administrator shall ensure that the Superior Court has procedures
in place so that the contents of orders and pendency of other proceedings can be known
to all courts for cases in which an order against stalking or sexual assault proceeding
is related to a criminal proceeding.
(d) Unless otherwise ordered by the court, an order issued pursuant to sections 5133 and 5134 of this title shall not be stayed pending an appeal. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006; amended 2009, No. 154 (Adj. Sess.), § 82; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2013, No. 17, § 7; 2025, No. 12, § 3, eff. September 1, 2025.)
§ 5137. Filing orders with law enforcement personnel; Department of Public Safety protection
order database
(a) Police departments, sheriff’s departments, and State Police district offices shall
establish procedures for filing notice against stalking or sexual assault orders issued
under this chapter and for making their personnel aware of the existence and contents
of such orders.
(b) Any court in this State that issues a notice against a stalking or sexual assault
order under this chapter shall transmit a copy of the order to the Department of Public
Safety’s protection order database. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)
§ 5138. Enforcement
(a) Law enforcement officers are authorized to enforce orders issued under this chapter.
A foreign abuse prevention order as defined in 15 V.S.A. § 1101 shall be accorded full faith and credit throughout this State and shall be enforced
as if it were an order of this State. Law enforcement officers may rely upon a copy
of any order issued under this chapter or any foreign abuse prevention order. Enforcement
may include making an arrest in accordance with the provisions of Rule 3 of the Vermont
Rules of Criminal Procedure.
(b) In addition to the provisions of subsection (a) of this section, violation of an order
issued under this chapter may be prosecuted as criminal contempt under Rule 42 of
Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be
initiated by the State’s Attorney in the Criminal or Civil Division of the Superior
Court in the unit or county in which the violation occurred. The maximum penalty which
may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment
for six months, or both. A sentence of imprisonment upon conviction for criminal contempt
may be stayed in the discretion of the court, pending the expiration of the time allowed
for filing notice of appeal or pending appeal if any appeal is taken. After two years
have passed from conviction under this subsection, the court may on motion of the
defendant expunge the record of the criminal proceeding and conviction unless the
defendant has been convicted of a felony or misdemeanor involving moral turpitude
or a violation of a protection order after such initial adjudication. (Added 2005, No. 193 (Adj. Sess.), § 1, eff. Oct. 1, 2006.)