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Legal Information: Vermont

Restraining Orders

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Updated: 
December 12, 2023

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)