Restraining Orders

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)