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. Unlike other states, the petitioner cannot be a relative or spouse of the respondent. Only the following professionals can file for an extreme risk protection order:
- a State’s Attorney; or
- the Office of the Attorney General.1
If you are a person who is concerned about the safety of someone else but cannot file to have his/her firearms removed, you may be able to speak to the State’s Attorneys’ Office or the Office of the Attorney General in your state to let them know of your concern and ask that they file for an extreme risk protection order to have the firearms removed.
1 13 Vt. Stat. § 4053(a)