Restraining Orders

The person who files for the extreme risk protection order is known as the petitioner. A judge can issue an extreme risk protection order against a respondent who poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. The following people may file for an extreme risk protection order:

• a State’s Attorney;
• the Office of the Attorney General^;
• the respondent’s family member; or
• the respondent’s household member.¹

The law in Vermont defines “household members” as people who live together or are engaged in a dating or sexual relationship. To determine whether something qualifies as dating, the judge may consider:

• the nature of the relationship;
• how long the relationship has existed; and
• how often the parties interact.²

¹ VT ST 13 § 4053(a)
² VT ST 13 § 4051(7)