An Extreme Risk Order
13 V.S.A. § 4053 — a court order removing dangerous weapons for up to six months
A State's Attorney, the Attorney General, or a family or household member may ask the Family Division for an order barring a person from buying, possessing or receiving a dangerous weapon, meaning a firearm or an explosive. The petition alleges an extreme risk of harm to the person or to others, shown by things like inflicting or attempting bodily harm, threats that put others in reasonable fear, or a threatened or attempted suicide.
- The court holds a hearing within 14 days after the petition is filed, and the risk must be proved by clear and convincing evidence.
- When a family or household member files, the State's Attorney takes over as the plaintiff.
- A final order lasts up to six months.
- An emergency order can issue without notice on a showing of imminent and extreme risk, and lasts up to 14 days.
- The hearing on a final order follows within 14 days after the emergency order.
- The respondent may move to end the order once while it is in effect, and the State must then prove the risk continues.
- The State may ask to renew it for up to six months more, filing not more than 30 days and not less than 14 days before it expires.
Intentionally violating an order after being served carries up to one year and $1,000. Filing a petition or affidavit known to be false, or meant to harass, carries the same.
Sources for this section (5)
- 13 V.S.A. § 4051 — Definitions
- 13 V.S.A. § 4053 — Petition for extreme risk protection order
- 13 V.S.A. § 4054 — Emergency relief; temporary ex parte order
- 13 V.S.A. § 4055 — Termination and renewal motions
- 13 V.S.A. § 4058 — Enforcement; criminal penalties
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.