Fact sheets index

Protections Judges Can Order Under the Abuse Prevention Act

If the judge decides that the defendant has abused you and that there is a danger of further abuse, s/he is required by law [15 V.S.A. §1103(c)] to order the protections s/he thinks necessary to protect you and/or the children, and to keep them in force for as long as s/he thinks you need them [15 V.S.A. §1103(d)]. The law describes some protections, but the judge may give you more protections if s/he believes that you need them.

Think about your situation before the final hearing so you can ask the judge for the protections you need, and can explain why you need them. Look at the protections below. Check the ones you need and add any others you want. Bring the original to court for the judge, and make copies for yourself and the defendant.

___ 1. Defendant shall not abuse: ___ you and/or ___ the minor children.
___ 2. Defendant shall not use, attempt to use or threaten to use
physical force against: ___ you and/or ___ the minor children.
___ 3. Defendant shall not do anything to make you afraid of bodily
injury to yourself or the minor children.
___ 4. Defendant shall not follow or stalk: ___ you and/or ___ the minor children.
___ 5. Defendant shall not threaten or harass: ___ you
and/or ___ the minor children.
___ 6. Defendant shall not telephone, write to, contact in any way, or
directly or indirectly communicate with: ___ you and/or ___ the minor children.
Or you can ask that defendant contact you under the following conditions: _______________
___ 7. Defendant shall not enter your home for any purpose. Or you can ask that
defendant be allowed to enter your home under the following conditions:____________
___ 8. Defendant shall not come within _____ feet of ___ you and/or ___ the minor children,
and/or___your home and___any other places where you or the children spend time
(your workplace, your parents' home, the children's school or daycare, etc.):___________
___ 9. Defendant shall deliver the following weapons to the police: ____________
___ 10. You shall have possession of the home and the defendant may get
personal belongings as follows: ___________________________________
___ 11. Defendant shall pay $ ________ per ___week/___month for your
living expenses (if s/he has been supporting you) for the next 3 months.
___ 12. You need possession of the following personal property for your
protection and for the care of the children: _______________________________
___ 13. Describe any other protections you need on the bottom of the back of this
sheet or on a separate sheet of paper which you can give the judge.
___ 14. How long do you want the order to be in effect? For example:
1 year, 5 years, until the children reach 18, until further order of the court. ________

IF YOU HAVE CHILDREN, THERE ARE OTHER PROTECTIONS THE JUDGE CAN ORDER:


___ 14. You shall have custody of the minor children.
___ 15. Defendant shall have no contact with the minor children.
___ 16. Defendant shall visit the minor children on the following day(s)
of the week and at the following times: ______________________ only under the following conditions:

  1. ___ Defendant shall not consume alcohol/drugs at least 8 hours before a visit, or during a visit.
    If defendant appears to be under the influence of intoxicating substances, you may cancel the visit.
  2. ___________________ shall pick the children up at _______________ when they visit the defendant.
    _____________ shall bring the children back to you at______________ after their visit to the defendant.
  3. ___ Except in emergencies, defendant shall notify you at least ___ hour(s)
    in advance if s/he intends not to visit the children.
  4. ___ Contact shall only take place at the home of: ____________________
  5. ___ Contact shall only take place if _______________________is present.
  6. ___ The conditions under which you want to deny parent-child contact
    until the court issues another order in your case: __________________________________________________________________
  7. ___ Communications between you and the defendant about non-emergency
    issues relating to contact shall take place through __________________________
___ 17. Defendant shall pay $ ______ per ___week/___month for child support for
the next 3 months.
___ 18. Other protections you and/or the children need: _________________