Extreme Risk Protection Orders

V.S.A. tit. 13, ch. 85, subch. 2

in effect

13 V.S.A. § 4051 Definitions

4051. Definitions As used in this subchapter: (1) “Court” means the Family Division of the Superior Court. (2) “Dangerous weapon” means an explosive or a firearm. (3) “Explosive” means dynamite, or any explosive compound of which nitroglycerin forms a part, or fulminate in bulk or dry condition, or blasting caps, or detonating fuses, or blasting powder or any other similar explosive. The term does not include a firearm or ammunition therefor or any components of ammunition for a firearm, including primers, smokeless powder, or black gunpowder. (4) “Federally licensed firearms dealer” means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal background checks under 18 U.S.C. § 922(t). (5) “Firearm” shall have the same meaning as in subsection 4017(d) of this title. (6) “Law enforcement agency” means the Vermont State Police, a municipal police department, or a sheriff’s department. (7) “Household members” means persons who are living together, are sharing occupancy of a dwelling, are engaged in a sexual relationship, or minors or adults who are dating. “Dating” means a social relationship of a romantic nature. Factors that the court may consider when determining whether a dating relationship exists include: (A) the nature of the relationship; (B) the length of time the relationship has existed; and (C) the frequency of interaction between the parties. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2023, No. 45, § 4, eff. July 1, 2023.

13 V.S.A. § 4052 Jurisdiction and venue

4052. Jurisdiction and venue (a) The Family Division of the Superior Court shall have jurisdiction over proceedings under this subchapter. (b) Emergency orders under section 4054 of this title may be issued by a judge of the Criminal, Civil, or Family Division of the Superior Court. (c) Proceedings under this chapter shall be commenced in the county where the law enforcement agency is located, the county where the respondent resides, or the county where the events giving rise to the petition occur. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.

13 V.S.A. § 4053 Petition for extreme risk protection order

4053. Petition for extreme risk protection order (a) A State’s Attorney, the Office of the Attorney General, or a family or household member may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control. The petitioner shall submit an affidavit in support of the petition. (b)(1) Except as provided in section 4054 of this title, the court shall grant relief only after notice to the respondent and a hearing. The petitioner shall have the burden of proof by clear and convincing evidence. (2) When a petition has been filed by a family or household member, the State’s Attorney of the county where the petition was filed shall be substituted as the plaintiff in the action upon the issuance of an ex parte order under section 4054 of this title or at least seven days prior to the hearing for a petition filed under this section. Upon substitution of the State’s Attorney as the plaintiff, the family or household member shall no longer be a party. (c)(1) A petition filed pursuant to this section shall allege that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. (2)(A) An extreme risk of harm to others may be shown by establishing that: (i) the respondent has inflicted or attempted to inflict bodily harm on another; or (ii) by his or her threats or actions the respondent has placed others in reasonable fear of physical harm to themselves; or (iii) by his or her actions or inactions the respondent has presented a danger to persons in his or her care. (B) An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm. (3) The affidavit in support of the petition shall state: (A) the specific facts supporting the allegations in the petition; (B) any dangerous weapons the petitioner believes to be in the respondent’s possession, custody, or control; and (C) whether the petitioner knows of an existing order with respect to the respondent under 15 V.S.A. chapter 21 (abuse prevention orders) or 12 V.S.A. chapter 178 (orders against stalking or sexual assault). (d)(1) The court shall hold a hearing within 14 days after a petition is filed under this section. Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the petition and any ex parte order issued under section 4054 of this title. (2) If a petition is filed by a family or household member under this section, the court shall transmit a copy of the petition to the State’s Attorney of the county where the petition was filed, along with all supporting documents and the notice of the initial status conference or hearing. (e)(1) The court shall grant the petition and issue an extreme risk protection order if it finds by clear and convincing evidence that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. (2) An order issued under this subsection shall prohibit a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control for a period of up to six months. The order shall be signed by the judge and include the following provisions: (A) A statement of the grounds for issuance of the order. (B) The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires. (C) A description of how to appeal the order. (D) A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title. (E) A description of how to request termination of the order under section 4055 of this title. The court shall include with the order a form for a motion to terminate the order. (F) A statement directing the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of the firearm to release it to the owner upon expiration of the order. (G) A statement in substantially the following form: “To the subject of this protection order: This order shall be in effect until the date and time stated above. If you have not done so already, you are required to surrender all dangerous weapons in your custody, control, or possession to [insert name of law enforcement agency], a federally licensed firearms dealer, or a person approved by the court. While this order is in effect, you are not allowed to purchase, possess, or receive a dangerous weapon; attempt to purchase, possess, or receive a dangerous weapon; or have a dangerous weapon in your custody or control. You have the right to request one hearing to terminate this order during the period that this order is in effect, starting from the date of this order. You may seek the advice of an attorney regarding any matter connected with this order.” (f) If the court denies a petition filed under this section, the court shall state the particular reasons for the denial in its decision. (g) No filing fee shall be required for a petition filed under this section. (h) Form petitions and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts. (i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record. (j) Every final order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.” (k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058.” Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2023, No. 45, § 5, eff. July 1, 2023.

13 V.S.A. § 4054 Emergency relief; temporary ex parte order

4054. Emergency relief; temporary ex parte order (a)(1) A State’s Attorney, the Office of the Attorney General, or a family or household member may file a motion requesting that the court issue an extreme risk protection order ex parte, without notice to the respondent. A law enforcement officer may notify the court that an ex parte extreme risk protection order is being requested pursuant to this section, but the court shall not issue the order until after the motion is submitted. (2) The petitioner shall submit an affidavit in support of the motion alleging that the respondent poses an imminent and extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. The affidavit shall state: (A) the specific facts supporting the allegations in the motion, including the imminent danger posed by the respondent; and (B) any dangerous weapons the petitioner believes to be in the respondent’s possession, custody, or control. (b)(1)(A) The court shall grant the motion and issue a temporary ex parte extreme risk protection order if it finds by a preponderance of the evidence, or by clear and convincing evidence if the petition was filed by a family or household member, that at the time the order is requested the respondent poses an imminent and extreme risk of causing harm to themselves or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title, and the court shall deliver a copy to the holding station. (B) If a motion is filed by a family or household member under this section and the court has issued an ex parte order, the court shall transmit a copy of the motion to the State’s Attorney of the county where the petition was filed, along with all supporting documents and the notice of the initial status conference or hearing. (2)(A) An extreme risk of harm to others may be shown by establishing that: (i) the respondent has inflicted or attempted to inflict bodily harm on another; or (ii) by his or her threats or actions the respondent has placed others in reasonable fear of physical harm to themselves; or (iii) by his or her actions or inactions the respondent has presented a danger to persons in his or her care. (B) An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm. (c)(1) Unless the petition is voluntarily dismissed pursuant to subdivision (2) of this subsection, the court shall hold a hearing within 14 days after the issuance of a temporary ex parte extreme risk protection order to determine if a final extreme risk protection order should be issued. If not voluntarily dismissed, the temporary ex parte extreme risk protection order shall expire when the court grants or denies a motion for an extreme risk protection order under section 4053 of this title. (2) The prosecutor may voluntarily dismiss a motion filed under this section at any time prior to the hearing if the prosecutor determines that the respondent no longer poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. If the prosecutor voluntarily dismisses the motion pursuant to this subdivision, the court shall vacate the temporary ex parte extreme risk protection order and direct the person in possession of the dangerous weapon to return it to the respondent consistent with section 4059 of this title. (d)(1) An order issued under this section shall prohibit a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control for a period of up to 14 days. The order shall be in writing and signed by the judge and shall include the following provisions: (A) A statement of the grounds for issuance of the order. (B) The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires. (C) The date and time of the hearing when the respondent may appear to contest the order before the court. This opportunity to contest shall be scheduled as soon as reasonably possible, which in no event shall be more than 14 days after the date of issuance of the order. (D) A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title. (E) A statement in substantially the following form: (2)(A) The court may issue an ex parte extreme risk protection order by telephone or by reliable electronic means pursuant to this subdivision if requested by the petitioner. (B) Upon receipt of a request for electronic issuance of an ex parte extreme risk protection order, the judicial officer shall inform the petitioner that a signed or unsigned motion and affidavit may be submitted electronically. The affidavit shall be sworn to or affirmed by administration of the oath over the telephone to the petitioner by the judicial officer. The administration of the oath need not be made part of the affidavit or recorded, but the judicial officer shall note on the affidavit that the oath was administered. (C) The judicial officer shall decide whether to grant or deny the motion and issue the order solely on the basis of the contents of the motion and the affidavit or affidavits provided. If the motion is granted, the judicial officer shall immediately sign the original order, enter on its face the exact date and time it is issued, and transmit a copy to the petitioner by reliable electronic means. The petitioner shall cause a copy of the order to be served on the respondent pursuant to section 4056 of this title. (D) On or before the next business day after the order is issued: (i) the petitioner shall file the original motion and affidavit with the court; and (ii) the judicial officer shall file the signed order, the motion, and the affidavit with the clerk. The clerk shall enter the documents on the docket immediately after filing. (e) Form motions and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts. (f) Every order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.” (g) Affidavit forms required pursuant to this section shall bear the following language: “MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058.” (h) If the court denies a petition filed under this section, the court shall state the particular reasons for the denial in its decision. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2023, No. 45, § 6, eff. July 1, 2023.

13 V.S.A. § 4055 Termination and renewal motions

4055. Termination and renewal motions (a)(1) The respondent may file a motion to terminate an extreme risk protection order issued under section 4053 of this title or an order renewed under subsection (b) of this section. A motion to terminate shall not be filed more than once during the effective period of the order. The State shall have the burden of proof by clear and convincing evidence. (2) The court shall grant the motion and terminate the extreme risk protection order unless it finds by clear and convincing evidence that the respondent continues to pose an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. (b)(1) A State’s Attorney or the Office of the Attorney General may file a motion requesting that the court renew an extreme risk protection order issued under this section or section 4053 of this title for an additional period of up to six months. The motion shall be accompanied by an affidavit and shall be filed not more than 30 days and not less than 14 days before the expiration date of the order. The motion and affidavit shall comply with the requirements of subsection 4053(c) of this title, and the moving party shall have the burden of proof by clear and convincing evidence. (2) The court shall grant the motion and renew the extreme risk protection order for an additional period of up to six months if it finds by clear and convincing evidence that the respondent continues to pose an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control. The order shall comply with the requirements of subdivision 4053(e)(2) and subsections 4053(j) and (k) of this title. (c) The court shall hold a hearing within 14 days after a motion to terminate or a motion to renew is filed under this section. Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the motion. (d) If the court denies a motion filed under this section, the court shall state the particular reasons for the denial in its decision. (e) Form termination and form renewal motions shall be provided by the Court Administrator and shall be maintained by the clerks of the courts. (f) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.

13 V.S.A. § 4056 Service

4056. Service (a) A petition, ex parte temporary order, or final order issued under this subchapter shall be served in accordance with the Vermont Rules of Civil Procedure and may be served by any law enforcement officer. A court that issues an order under this chapter during court hours shall promptly transmit the order electronically or by other means to a law enforcement agency for service and shall deliver a copy to the holding station. (b) A respondent who attends a hearing held under section 4053, 4054, or 4055 of this title at which a temporary or final order under this subchapter is issued and who receives notice from the court on the record that the order has been issued shall be deemed to have been served. A respondent notified by the court on the record shall be required to adhere immediately to the provisions of the order. The clerk shall mail a copy of the order to the respondent at the respondent’s last known address. (c) Extreme risk protection orders shall be served by the law enforcement agency at the earliest possible time and shall take precedence over other summonses and orders. Orders shall be served in a manner calculated to ensure the safety of the parties. Methods of service that include advance notification to the respondent shall not be used. The person making service shall file a return of service with the court stating the date, time, and place at which the order was delivered personally to the respondent. (d) If service of a notice of hearing issued under section 4053 or 4055 of this title cannot be made before the scheduled hearing, the court shall continue the hearing and extend the terms of the order upon request of the petitioner for such additional time as it deems necessary to achieve service on the respondent. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2023, No. 161 (Adj. Sess.), § 9, eff. July 1, 2024.

13 V.S.A. § 4057 Procedure

4057. Procedure (a) Except as otherwise specified, proceedings commenced under this subchapter shall be in accordance with the Vermont Rules for Family Proceedings and shall be in addition to any other available civil or criminal remedies. (b) The Court Administrator shall establish procedures to ensure access to relief after regular court hours or on weekends and holidays. The Court Administrator is authorized to contract with public or private agencies to assist petitioners to seek relief and to gain access to Superior Courts. Law enforcement agencies shall assist in carrying out the intent of this section. (c) The Court Administrator shall ensure that the Superior Court has procedures in place so that the contents of orders and pendency of other proceedings can be known to all courts for cases in which an extreme risk protection order proceeding is related to a criminal proceeding. (d)(1) For purposes of a petition filed pursuant to this subchapter, a health care provider may notify a law enforcement officer when the provider believes in good faith that disclosure of the information is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. (2) As used in this subsection: (A) “Health care provider” has the same meaning as in 18 V.S.A. § 9402. (B) “Necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public” includes circumstances when the health care provider reasonably believes that the patient poses an extreme risk of causing harm to themselves or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the patient’s custody or control. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2021, No. 87 (Adj. Sess.), § 3, eff. July 1, 2022.

13 V.S.A. § 4058 Enforcement; criminal penalties

4058. Enforcement; criminal penalties (a) Law enforcement officers are authorized to enforce orders issued under this chapter. Enforcement may include collecting and disposing of dangerous weapons pursuant to section 4059 of this title and making an arrest in accordance with the provisions of Rule 3 of the Vermont Rules of Criminal Procedure. (b)(1) A person who intentionally commits an act prohibited by a court or fails to perform an act ordered by a court, in violation of an extreme risk protection order issued pursuant to section 4053, 4054, or 4055 of this title, after the person has been served with notice of the contents of the order as provided for in this subchapter, shall be imprisoned not more than one year or fined not more than $1,000.00, or both. (2) A person who files a petition for an extreme risk protection order under this subchapter, or who submits an affidavit accompanying the petition, knowing that information in the petition or the affidavit is false, or that the petition or affidavit is submitted with the intent to harass the respondent, shall be imprisoned for not more than one year or fined not more than $1,000.00, or both. (c) In addition to the provisions of subsections (a) and (b) of this section, violation of an order issued under this subchapter may be prosecuted as criminal contempt under Rule 42 of Vermont Rules of Criminal Procedure. The prosecution for criminal contempt may be initiated by the State’s Attorney in the county in which the violation occurred. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. A sentence of imprisonment upon conviction for criminal contempt may be stayed, in the discretion of the court, pending the expiration of the time allowed for filing notice of appeal or pending appeal if any appeal is taken. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.

13 V.S.A. § 4059 Relinquishment, storage, and return of dangerous weapons

4059. Relinquishment, storage, and return of dangerous weapons (a) A person who is required to relinquish a dangerous weapon other than a firearm in the person’s possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this title shall upon service of the order immediately relinquish the dangerous weapon to a cooperating law enforcement agency. The law enforcement agency shall transfer the weapon to the Bureau of Alcohol, Tobacco, Firearms and Explosives for proper disposition. (b) A person who is required to relinquish a firearm in the person’s possession, custody, or control by an extreme risk protection order issued under section 4053, 4054, or 4055 of this title shall relinquish the firearm pursuant to the procedures required by 20 V.S.A. § 2307. (c) [Repealed.] (d) [Repealed.] (e) [Repealed.] (f) [Repealed.] (g) [Repealed.] (h) [Repealed.] (i) Notwithstanding any other provision of this chapter: (1) A dangerous weapon shall not be returned to the respondent if the respondent’s possession of the weapon would be prohibited by state or federal law. (2) A dangerous weapon shall not be taken into possession pursuant to this section if it is being or may be used as evidence in a pending criminal matter. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018; amended 2025, No. 134 (Adj. Sess.), § 3, eff. July 1, 2026.

13 V.S.A. § 4060 Appeals

4060. Appeals An extreme risk protection order issued by the court under section 4053 or 4055 of this title shall be treated as a final order for the purposes of appeal. Appeal may be taken by either party to the Supreme Court under the Vermont Rules of Appellate Procedure, and the appeal shall be determined forthwith. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.

13 V.S.A. § 4061 Effect on other laws

4061. Effect on other laws This chapter shall not be construed to prevent a court from prohibiting a person from possessing firearms under any other provision of law. Added 2017, No. 97 (Adj. Sess.), § 1, eff. April 11, 2018.

13 V.S.A. § 4062 Annual reporting; Office of Court Administrator and Agency of Human Services

4062. Annual reporting; Office of Court Administrator and Agency of Human Services (a) On or before September 1, 2022 and annually thereafter, the Court Administrator, with the assistance of the Agency of Human Services, shall report data on the use of extreme risk protection orders during the previous year to the Senate and House Committees on Judiciary. (b) The reports required by this section shall include the following data for the previous year: (1) the number of extreme risk protection order petitions filed and the number of orders issued; (2) geographical data indicating the county where the petition was filed; and (3) follow-up information describing whether the order was renewed or terminated pursuant to section 4055 of this title and whether the subject of the order was charged with violating it under section 4058 of this title. (c) The Agency of Human Services shall include in the reports required by this section an analysis of the impact of extreme risk prevention orders on Vermont suicide rates, including any relevant data relied on or utilized by the Agency for purposes of providing the information required by 2017 Acts and Resolves No. 34, An act relating to evaluation of suicide profiles. Added 2021, No. 87 (Adj. Sess.), § 4, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/085Fetched: 10/21/2026