Relief from Abuse Orders
We handle all aspects of Relief from Abuse Orders, including temporary and final orders, order modifications, and motions to extend or vacate.
When family and household relationships involve abuse or accusations of abusive behavior, our attorneys handle all aspects of requesting and defending against Abuse Protection Orders.
Our attorneys have extensive experience handling the challenges presented when seeking or defending Relief from Abuse Orders, including:
Requesting an emergency Temporary Relief from Abuse Order
Responding to a Temporary Relief from Abuse Order
Motions to Modify a Temporary Order
Seeking a Final Relief from Abuse Order
Defending against a Final Relief from Abuse Order
Post judgment modifications
Motions to Extend or Vacate
About Relief from Abuse Orders in Vermont
Relief from Abuse Orders (commonly referred to as “RFAs”) are a unique process in our court system for multiple reasons.
First, they happen quickly. While a divorce case may last for a year or more, RFA Orders may be fully litigated within a month.
Second, while RFA Orders require the plaintiff to prove there was abuse, the RFA Order is not meant to punish. Rather, RFA Orders are a civil action intended as a tool to protect the Plaintiff, rather than punish the Defendant. However, if a Defendant violates a RFA Order, the Defendant may face criminal charges.
The implications and effects of a Relief from Abuse Order are extremely serious for everyone involved. In order to seek the best outcome, it is important to discuss all options with experienced counsel.
Requirements for a Relief from Abuse Order
To obtain a Relief from Abuse Order, the Plaintiff must show the following:
The Defendant is a family or household member. Family members as anyone related by blood or affinity. Household members are people who “for any period of time, are living or have lived together, are sharing or have shared occupancy of a dwelling, are engaged or have engaged in a sexual relationship, or minors or adults who are dating or who have dated.”
Abuse: Abuse can mean different things to different people. However, to obtain a Relief from Abuse Order a Plaintiff must be able to prove that abuse occurred which meets this definition.
a. Attempting to cause or causing physical harm- This includes, but is not limited to, actions like hitting, pushing, throwing objects, or trying to do those things.
b. Placing another in fear of imminent serious physical harm – This includes, but is not limited to, verbal threats or making threatening gestures.
c. Abuse to children – The Defendant’s actions harm or cause significant risk of harm to a child’s physical health, psychological growth and development, or welfare.
d. Stalking- The Defendant intentionally did something directly to the Plaintiff, two or more times, that reasonably caused the Plaintiff to fear for their safety or their family’s safety or caused the Plaintiff to suffer substantial emotional distress.
e. Sexual Assault - encompasses most non-consensual sexual actions, with the exception of voyeurism.
AND there is danger of further abuse OR the Defendant is currently incarcerated and has been convicted of murder, attempted murder, kidnapping, domestic assault, aggravated domestic assault, sexual assault, aggravated sexual assault, stalking, aggravated stalking, lewd or lascivious conduct with a child, use of a child in a sexual performance, or consenting to a sexual performance.
If the Plaintiff can successfully prove their case, the Court has broad discretion in how to fashion a Relief from Abuse Order to protect them. Common relief may include:
The Defendant being removed from the shared home
No contact or limited contact orders
A requirement that the Defendant remain a certain distance away from the Plaintiff
A federal prohibition on owning, purchasing, or possessing firearms.
Due to the potential safety issues, Courts will review Complaints for Relief from Abuse Orders quickly. If, based solely on the Plaintiff’s affidavit, the Court believes that there is a danger of immediate abuse, the Court may grant a Temporary Order for Relief from Abuse to protect the Plaintiff without holding a hearing. These temporary orders are short term and typically last no more than a few weeks.
Regardless of whether the Court decides to issue a Temporary Order, both parties are entitled to an evidentiary hearing before a Final Order is issued. Additionally, Relief from Abuse actions should not take the place of more in-depth parentage and/or parental rights proceedings. Also, while Relief from Abuse Orders are not criminal in nature, they can have potential criminal impact. So, while requesting or defending against a Relief from Abuse Order may be a relatively short process, it can be extremely complex.
Attorneys at Barber & Waxman will work diligently to help you explore your legal options, risks, and liabilities while also protecting your rights.