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Información Legal: Vermont

Restraining Orders

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Leyes actualizadas al 12 de diciembre de 2023

How 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)