Who can file for an extreme risk protection order?
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)