English
EspañolHow do I get an extreme risk protection order?
If you are the respondent’s family or household member, you may file a petition requesting an extreme risk protection order. Your petition must say (allege) that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. You must include an affidavit with your petition that says why the order should be issued.1 This affidavit should include what dangerous weapons the respondent has access to and whether the respondent has any abuse prevention orders or orders against stalking or sexual assault issued against him/her.2
If you file a petition, the court will send a copy of your petition to the State’s Attorney in the county where you filed.3 If the judge decides to issue an ex parte extreme risk protection order in your case, the State’s attorney will be substituted as the petitioner and you will no longer be considered a party in the case. If the judge denies your request for an ex parte order but schedules a hearing on whether to issue a final order, the State’s attorney will be substituted as the petitioner at least seven days before that hearing.4
A State’s Attorney or the Office of the Attorney General may also file a petition for an extreme risk protection order on their own. If that happens, you may want to speak to the State’s Attorney or the Office of the Attorney General to tell them what you know about the respondent’s weapons or actions.
1 VT ST 13 §§ 4053(a), (c)(1)
2 VT ST 13 § 4053(c)(3)
3 VT ST 13 § 4053(d)(2)
4 VT ST 13 § 4053(b)(2)
How will the judge make a decision?
A judge will issue an ex parte order if the petitioner proves that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon. In order for the judge to issue a final extreme risk protection order, the same “extreme risk” would have to be proved at a hearing. However, at the hearing for the final order, the respondent would have to first be notified and have the opportunity to attend the hearing and present evidence to convince the judge otherwise.2
The petitioner can prove that the respondent is at risk of harming others by showing the judge that:
- the respondent physically harmed or tried to physically harm another person;
- the respondent’s threats or actions have placed others in reasonable fear of physical harm; or
- the respondent’s actions or failure to act presented a danger to someone in the respondent’s care.3
The petitioner can show that the respondent is a risk to himself/herself by showing that the respondent:
- threatened suicide or serious bodily harm; or
- attempted suicide or serious bodily harm.4
1 VT ST 13 § 4054(b)(1)(A)
2 VT ST 13 § 4053(e)(1)
3 VT ST 13 § 4054(b)(2)(A)
4 VT ST 13 § 4054(b)(2)(B)
What if the respondent violates the order?
If the respondent intentionally fails to follow the terms of the extreme risk protection order, s/he may be committing a crime. If the respondent is convicted of violating the order, the judge could sentence the respondent to go to prison for up to one year, pay a fine of up to $1,000, or both.1
1 VT ST 13 § 4058(b)(1)
Can an extreme risk protection order be renewed?
If the judge decides that the respondent still poses an extreme risk of harm to himself/herself or others by possessing a dangerous weapon, the judge can renew the extreme risk protection order for another six months. The State’s Attorney or the Office of the Attorney General may request a renewal 14-30 days before the current order expires.1 If you originally filed the petition for this order, the law does not allow you to ask the court for a renewal because the prosecutor will be substituted as petitioner prior to the hearing to get the order.2 However, you could contact the State’s Attorney or Office of the Attorney General a few months before the order will expire to tell them if you still think the respondent poses a danger and to ask the lawyer in charge of the case to renew the order.
1 VT ST 13 § 4055(b)
2 VT ST 13 § 4053(b)(2)
