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19 de diciembre de 2022How will the judge make a decision?
A judge will issue a final order if there is clear and convincing evidence that the respondent poses an extreme risk of harming himself/herself or others by accessing a dangerous weapon.1
The petitioner can show that the respondent is at risk of harming others by showing the judge that:
- the respondent committed or tried to commit bodily harm on another person;
- the respondent’s threats or actions have placed others in reasonable fear of physical harm;
- the respondent’s actions or failure to act presented a danger to someone in the respondent’s care.2
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.3
1 13 Vt. Stat. § 4053(e)(1)
2 13 Vt. Stat. § 4054(b)(2)(A)
3 13 Vt. Stat. § 4054(b)(2)(B)
