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Legal Information: Vermont

Restraining Orders

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Laws current as of
December 12, 2023

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. The following people may file for an extreme risk protection order:

  • a State’s Attorney;
  • the Office of the Attorney General;
  • the respondent’s family member; or
  • the respondent’s household member.1

The law in Vermont defines “household members” as people who live together or are engaged in a dating or sexual relationship. To determine whether something qualifies as dating, the judge may consider:

  • the nature of the relationship;
  • how long the relationship has existed; and
  • how often the parties interact.2

1 VT ST 13 § 4053(a)
2 VT ST 13 § 4051(7)