§ 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.)