Vt. Stat. Ann. » Title 12 Chapter 178
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 12, § 5133 (2026)

Requests for an order against stalking or sexual assault

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(Cite as: 12 V.S.A. § 5133)
Notes of Decisions
Cited in 24 cases (18 in the last 5 years), 2013–2026 · leading case: Elizabeth Swett v. Brian Gates, 2023 VT 26, 297 A.3d 944.
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Elizabeth Swett v. Brian Gates, 2023 VT 26, 297 A.3d 944. · cites it 5× “” 12 V.S.A. § 5133(d). Like an RFA order, a stalking order may prohibit “otherwise legitimate conduct” if necessary to protect plaintiffs.”
C. Paige Hinkson v. Stuart Stevens, 2020 VT 69, 213 VT 32. · cites it 4× “On June 21, 2018, plaintiff filed a Complaint for Order Against Stalking against defendant under 12 V.S.A. § 5133. The court granted a temporary protective order, which through numerous extensions remained in place until the two-day hearing on November 8 and 9.”
T.C. v. L.D., 2020 VT 19, 229 A.3d 77. · cites it 3× “§ 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.”
Gail Haupt v. John Langlois, 2024 VT 3, 312 A.3d 569. · cites it 3× “§ 5131(1)(A), necessitating a no-stalking order under 12 V.S.A. § 5133(d). Defendant argues that the court erred in finding that the two altercations qualified as threats and in failing to consider whether his actions were justified in defense of personal property.”
Sean Beatty v. Kathryn Keough, 2022 VT 41, 287 A.3d 54. “In late July 2021, plaintiff sought relief under 12 V.S.A. § 5133 following a workplace confrontation with defendant.”
T.C. v. L.D., 2020 VT 19, 229 A.3d 77. · cites it 3× “§ 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.”
Brittany Trayah v. Mercedes Sweetser, No. 24-AP-196 (Vt. July 11, 2025). · cites it 3× “After defendant moved in, plaintiff asked her not to allow her off-leash dogs to enter plaintiff’s property, but defendant continued to do so.”
Cheryl O'Donnell v. Hope Clough, No. 23-AP-359 (Vt. May 10, 2024). · cites it 2× “Stalking means “to engage purposefully in a course of conduct directed at a specific person” that would “cause a reasonable person to[] fear for his or her safety” or “suffer substantial emotional distress.”
Violet Nichols v. Robert Lafayette, No. 24-AP-288 (Vt. Mar. 14, 2025). · cites it 2× “Langlois, 2024 VT 3, ¶ 8 (quoting 12 V.S.A. § 5133(d)). Stalking someone includes engaging in a course of conduct that the person knows would cause a reasonable person to either fear for their safety or suffer substantial emotional distress.”
Andrew Mayer v. Veronica Boord, No. 2014-122 (Vt. Dec. 12, 2014). · cites it 3× “12 V.S.A. § 5133(a); V.R.C.P. 80.10(b). An order may be granted only after notice to defendant and a hearing, and the plaintiff has the burden of proving by preponderance of the evidence that the defendant stalked the plaintiff.”
Lindsey Hunter v. Kevin David Moffit, No. 2015-351 (Vt. Mar. 10, 2016). “See 12 V.S.A. § 5133(d)(1). Unlike Ellis, moreover, defendant is an adult, not a high school student, and there was evidence here that defendant committed violent acts against others at plaintiff’s workplace.”
Jill Krowinski v. Kyle Wolfe, No. 24-AP-075 (Vt. Aug. 15, 2024). “The court denied the motion, explaining that when necessary to protect a victim of stalking, it was permissible to proscribe otherwise protected activity. Defendant appeals.”
Show all 24 citing cases →
Vt. Stat. Ann. tit. 12, § 5133(a): 3 cases
T.C. v. L.D., 2020 VT 19, 229 A.3d 77. “§ 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.”
T.C. v. L.D., 2020 VT 19, 229 A.3d 77. “§ 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.”
Andrew Mayer v. Veronica Boord, No. 2014-122 (Vt. Dec. 12, 2014). “12 V.S.A. § 5133(a); V.R.C.P. 80.10(b). An order may be granted only after notice to defendant and a hearing, and the plaintiff has the burden of proving by preponderance of the evidence that the defendant stalked the plaintiff.”
Vt. Stat. Ann. tit. 12, § 5133(b): 2 cases
Andrew Mayer v. Veronica Boord, No. 2014-122 (Vt. Dec. 12, 2014). “12 V.S.A. § 5133(a); V.R.C.P. 80.10(b). An order may be granted only after notice to defendant and a hearing, and the plaintiff has the burden of proving by preponderance of the evidence that the defendant stalked the plaintiff.”
Kashka Orlow v. Erika Dinkel, No. 2012-260 (Vt. Feb. 14, 2013).
Vt. Stat. Ann. tit. 12, § 5133(d): 11 cases
Elizabeth Swett v. Brian Gates, 2023 VT 26, 297 A.3d 944. “” 12 V.S.A. § 5133(d). Like an RFA order, a stalking order may prohibit “otherwise legitimate conduct” if necessary to protect plaintiffs.”
Gail Haupt v. John Langlois, 2024 VT 3, 312 A.3d 569. “§ 5131(1)(A), necessitating a no-stalking order under 12 V.S.A. § 5133(d). Defendant argues that the court erred in finding that the two altercations qualified as threats and in failing to consider whether his actions were justified in defense of personal property.”
Cheryl O'Donnell v. Hope Clough, No. 23-AP-359 (Vt. May 10, 2024). “Stalking means “to engage purposefully in a course of conduct directed at a specific person” that would “cause a reasonable person to[] fear for his or her safety” or “suffer substantial emotional distress.”
Violet Nichols v. Robert Lafayette, No. 24-AP-288 (Vt. Mar. 14, 2025). “Langlois, 2024 VT 3, ¶ 8 (quoting 12 V.S.A. § 5133(d)). Stalking someone includes engaging in a course of conduct that the person knows would cause a reasonable person to either fear for their safety or suffer substantial emotional distress.”
Brittany Trayah v. Mercedes Sweetser, No. 24-AP-196 (Vt. July 11, 2025). “After defendant moved in, plaintiff asked her not to allow her off-leash dogs to enter plaintiff’s property, but defendant continued to do so.”
Vt. Stat. Ann. tit. 12, § 5133(d)(1): 1 case
Lindsey Hunter v. Kevin David Moffit, No. 2015-351 (Vt. Mar. 10, 2016). “See 12 V.S.A. § 5133(d)(1). Unlike Ellis, moreover, defendant is an adult, not a high school student, and there was evidence here that defendant committed violent acts against others at plaintiff’s workplace.”
Vt. Stat. Ann. tit. 12, § 5133(e): 5 cases
Elizabeth Swett v. Brian Gates, 2023 VT 26, 297 A.3d 944. “” 12 V.S.A. § 5133(d). Like an RFA order, a stalking order may prohibit “otherwise legitimate conduct” if necessary to protect plaintiffs.”
Jill Krowinski v. Kyle Wolfe, No. 24-AP-075 (Vt. Aug. 15, 2024). “The court denied the motion, explaining that when necessary to protect a victim of stalking, it was permissible to proscribe otherwise protected activity. Defendant appeals.”
Jill Krowinski v. Kyle Wolfe, No. 23-AP-021 (Vt. July 21, 2023).
Cheryl O'Donnell v. Hope Clough, No. 24-AP-350 (Vt. May 9, 2025).
Suzanne Colvin v. Rhonda Jepson, No. 24-AP-367 (Vt. July 11, 2025).
Vt. Stat. Ann. tit. 12, § 5133(l): 1 case
Gail Haupt v. John Langlois, 2024 VT 3, 312 A.3d 569. “§ 5131(1)(A), necessitating a no-stalking order under 12 V.S.A. § 5133(d). Defendant argues that the court erred in finding that the two altercations qualified as threats and in failing to consider whether his actions were justified in defense of personal property.”
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