Vermont § 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: