How to Get a Relief From Abuse Order in Vermont

Step-by-step guide to Vermont Relief From Abuse (RFA) orders.

Understanding Restraining / Protection Orders (RFA) in Canada

Important Basics

In Canada, court orders that limit contact or require someone to stay away are often called protection orders, restraining orders, or peace bonds. Names and processes vary by province and territory.

This page gives general safety information only. It is not legal advice and does not replace speaking with a lawyer or legal clinic.

Emergency vs Temporary vs Final Orders

Emergency Orders

• Used when there is urgent safety risk and waiting for a regular court date may not be safe.
• In some regions, they can be requested at any time (including evenings or weekends) through police or a designated justice official.
• Often made without the other person present (sometimes called “ex parte”), based mainly on your information and risk concerns.
• Usually short-term, lasting only until a follow-up court hearing can be held.

Temporary (Interim) Orders

• Short-term orders made before the court has heard full evidence from both sides.
• Can be requested as part of starting a protection or restraining order application.
• Often used to set rules about contact, distance, or living arrangements until a full hearing occurs.
• May be granted with only your evidence at first, but usually followed by a hearing where both sides can speak.

Final Orders

• Made after a full hearing or agreement, where both sides usually have a chance to respond.
• Can last for a set period (for example, one or more years) or, in some cases, until changed or cancelled by the court.
• May include more detailed, longer-term conditions about contact, communication, and related safety issues.
• Breaching a final order can lead to serious legal consequences, including possible criminal charges, depending on the type of order.

Filing Steps (General Overview)

The exact steps depend on your province or territory and what type of order you are seeking (family court order, civil restraining order, criminal peace bond, or a specific protection order law).

1. Get Information and Forms

• Find out which court handles your type of order (family, provincial, or criminal court) in your area.
• Obtain the correct forms from the courthouse, an online court site, or a legal help centre.
• Some regions have victim services workers who can help explain the process and paperwork.

2. Complete the Application

• Fill out forms carefully with clear, factual information about:
  • Who the order is against
  • Your relationship to that person
  • Why you are asking for protection
  • What kind of limits or conditions you are asking the court to consider
• Some forms include an affidavit or statement where you explain events and your safety concerns in your own words.
• Check if your region requires the form to be sworn or affirmed before a commissioner for oaths or a notary at the courthouse.

3. File the Documents With the Court

• Submit your completed forms to the correct courthouse for processing.
• There may be filing fees, but some courts allow fee waivers in financial hardship situations.
• You may receive a file number and, in some cases, a temporary date for a first appearance or hearing.

4. Requesting Emergency or Temporary Protection

• If there is urgent risk, ask court staff or duty counsel how to request an emergency or temporary order.
• Sometimes this involves a short appearance before a judge or justice of the peace to quickly review your information.
• Police or victim services may help start certain emergency order processes, depending on your region.

Service and Hearing

Serving the Other Party

“Service” means officially giving the other person copies of your court documents so they know about the case and any upcoming hearing.

• Most courts do not allow you to personally hand the papers to the other party in these situations.
• Service may be done by:
  • A professional process server
  • Another adult who is not involved in the case
  • Sometimes the sheriff or court staff, depending on local rules
• After service, proof must usually be filed with the court (often called an affidavit of service or proof of service).
• In some urgent or high-risk cases, the court may allow alternative service methods (for example, email or posting), but this is a judge’s decision.

The Hearing

• The court sets a date and time for a hearing where the judge or justice will review the case.
• Both sides may:
  • Give evidence (for example, sworn statements, documents, or limited testimony)
  • Explain their concerns
  • Respond to what the other person has said
• In some courts, a first appearance is mainly to set timelines, and a later date is used for a full hearing.
• If the other person does not attend, the court may still make decisions if service was proven.
• Interpreters can often be requested in advance if you are more comfortable in another language.

Types of Relief Available

The court decides what conditions are appropriate based on the law in your province or territory and the information before it. Not every request will be granted, and wording may be different depending on the type of order.

Common Safety-Related Conditions

• No contact:
  • Stopping direct contact (in person, phone, text, email, social media)
  • Sometimes also stopping contact through other people, except for limited, court-approved reasons
• Stay-away zones:
  • Requiring the person to stay a certain distance away from you
  • Keeping away from your home, work, school, or other specific places
• Communication limits:
  • Allowing only written communication
  • Allowing contact only for specific topics (for example, parenting) and often in specific ways or through an app
• Weapons and substance conditions (where allowed by law and facts):
  • Restrictions on having or using firearms or certain weapons
  • Conditions related to substance use where it affects safety

Home and Property-Related Conditions

• Exclusive possession or temporary occupation of the family home, where permitted by local law.
• Directions about collecting belongings safely, often with police present or within set time limits.
• Limits on entering shared property, parking areas, or storage spaces.

Children and Family-Related Conditions

Where there are children involved, courts may make related orders in the appropriate court (often family court). This might include:

• Parenting time or contact conditions to reduce risk during exchanges.
• Supervised visits in certain situations, if available in your community.
• Specific rules about communication regarding the children.

Length and Changes to the Order

• The court usually sets how long the order will last.
• Some orders can be renewed, changed, or cancelled by returning to court and explaining new circumstances.
• Breaches of an order should be reported to police or another appropriate authority, but you decide what feels safest in your situation.

If you want to explore additional safety and support options beyond the court system, resources across Canada are listed at DV.Support, including services that may help you understand your choices.

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