: Vermont

Restraining Orders

Ver Todo
Actualizada: 
12 de diciembre de 2023

What is an extreme risk protection order?

An extreme risk protection order is a civil court order that allows a judge to restrict an individual’s access to dangerous weapons.1 The person against whom the order is filed is known as the respondent.

1 VT ST 13 § 4053(a)

How can an extreme risk protection order help me?

In an extreme risk protection order, the judge can order that the respondent not:

  • have any dangerous weapons in his/her possession;
  • purchase any dangerous weapons; and
  • receive any dangerous weapons.1

A “dangerous weapon” is defined as an explosive or a firearm.2

1 VT ST 13 § 4053(e)
2 VT ST 13 § 4051(2)

What types of extreme risk protection orders are there? How long do they last?

There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.

Ex parte extreme risk protection orders: An ex parte extreme risk protection order is issued without the respondent having notice of the case before the hearing.1 Ex parte extreme risk protection orders are issued on a temporary, emergency basis and last for up to 14 days.2

Final extreme risk protection orders: A judge can issue a final extreme risk protection order after the respondent is served with notice of the case and has a chance to participate in a hearing. If the judge finds that the respondent is a risk to himself/herself or others, the judge can issue a final extreme risk protection order for up to six months.3

1 VT ST 13 § 4054(b)(1)
2 VT ST 13 § 4054(b)(1), (c)(1)
3 VT ST 13 § 4053(e)(2)

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)

WomensLaw sirve y apoya a todas las personas sobrevivientes sin importar su sexo o género.