Rule 19.Extreme Risk Protection Orders

Last amended January 1, 2026 · Last verified September 12, 2026

In one sentenceRule 19 sets the procedure for extreme risk protection orders, covering who may petition, what the petition must allege, how a court issues emergency relief without notice, what every order must contain, and how a respondent seeks termination or the state seeks renewal.

Full Text of Rule 19

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k)

(a) Application of Civil Rules.

(1) In General. Except as provided in this rule or by statute, the Rules of Civil Procedure apply to actions for extreme risk protection.

(2) Rules Not Applicable. Rules 16.3 (Alternative Dispute Resolution), 55 (Default) and 79.1 (Appearance and Withdrawal of Attorneys) of the Vermont Rules of Civil Procedure do not apply to actions under this rule.

(3) Rules Modified. Rule 4 of the Vermont Rules of Civil Procedure applies to actions under this rule only to the extent consistent with 13 V.S.A. § 4056. Rule 30 of the Vermont Rules of Civil Procedure applies to actions under this rule except that a deposition may be taken only by order for good cause shown. Rule 58 of the Vermont Rules of Civil Procedure applies to actions under this rule except that a judgment need not be set forth on a separate document and is effective only when it is in writing, signed by the judge, and entered as provided in Rule 79(a) of those rules.

(b) Parties. 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. When a petition is filed by a family or household member, the state's attorney of the county where the petition was filed will be substituted as the plaintiff in the action upon the issuance of an ex parte order or at least seven days prior the hearing on the petition. Upon substitution of the state's attorney as the plaintiff, the family or household member will no longer be a party. Following substitution of the state's attorney, the court will provide the family or household member with copies of the notices of hearing, filings, and orders subsequently issued in the case.

(c) Content of Petition. A petition seeking an extreme risk protection order must allege that the respondent poses an extreme risk of causing harm to the respondent or to another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent's custody or control. An affidavit in support of the petition must state the specific facts supporting the allegations; any dangerous weapons the petitioner believes to be in the respondent's possession, custody or control and whether any abuse prevention proceedings or petitions against stalking have been filed with respect to the respondent and whether any orders from such proceedings are in effect. If the petitioner is a family or household member, the petitioner must also provide an address, telephone number, and email address if available for notification purposes which must not be provided to any person other than the state's attorney without the written consent of the petitioner.

(d) Emergency Relief. Temporary orders may be issued ex parte, without written or oral notice to the respondent or respondent's attorney, upon motion, affidavit, and findings by the court as required by 13 V.S.A. § 4054. If a temporary ex parte order is issued, the court will hold a hearing on the petition within 14 days unless the petition is voluntarily dismissed.

(e) Denial of Ex Parte Temporary Orders. When a judge denies an application for temporary order under this rule, the judge must state the particular reasons for the denial in its decision.

(f) Transmittal to State's Attorney. If the petition and/or motion for an ex parte temporary order is filed by a family or household member, the court must transmit a copy of all documents to the state's attorney of the county where the petition was filed, along with all supporting documents as follows:

(1) If the request for an ex parte temporary order is granted, the clerk must transmit the documents to the state's attorney forthwith together with the temporary order and notice of hearing.

(2) If the request for an ex parte temporary order is denied, the clerk must transmit the documents to the state's attorney together with the court's statement of reasons for the denial.

(3) If there is no request for an ex parte temporary order, the clerk must transmit the documents to the state's attorney together with a notice of hearing no later than 7 days prior to date of the hearing.

(g) Voluntary Dismissal of Motion for Temporary Order. The prosecutor may voluntarily dismiss a motion for a temporary order prior to hearing. If the prosecutor voluntarily dismisses a motion for an ex parte temporary order, the court will vacate the temporary ex parte order and direct the person in possession of the dangerous weapon to return it to the respondent consistent with 13 V.S.A. § 4059. If the petition was filed by a family or household member, the court will provide notice of the dismissal to the family or household member.

(h) Grant of Order.

(1) All Orders. An order issued under this rule must contain the name and address of the court, the names of the parties, the date of the petition, a statement of the grounds for issuance of the order, the findings that support the order, the date and time of the order, the date and time that the order expires, a description of the requirements for relinquishment of the weapons and a statement to the respondent in substantially the same form as set forth in 13 V.S.A. § 4053(G). In addition, all orders must 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.”

(2) Ex Parte Orders. If the order is issued ex parte, it must also state upon its face the date and time of the hearing when the respondent may appear to contest the order. The opportunity to contest will be scheduled as soon as reasonably possible, but in no event more than 14 days after the date of the issuance of the order.

(3) Final Orders. All final orders must contain a description of how to appeal the order; a description of how to request termination of the order; and a statement directing the entity or person in possession of the firearm to release it to the owner upon expiration of the order.

(i) Electronic Issuance of Temporary Ex Parte Orders. The court may issue an ex parte extreme risk protection order by telephone or by reliable electronic means pursuant to 13 V.S.A. § 4054(d)(2).

(j) Termination Motion. A motion to terminate an extreme risk protection order may be filed by a respondent no more than once during the effective period of the order. The court will schedule a hearing within 14 days of the filing of the motion. Notice of the hearing will be served by a law enforcement officer pursuant to 13 V.S.A. § 4056. If the court denies the motion, the court must state the particular reasons for the denial in its decision.

(k) Renewal Motion. A state's attorney or the Office of the Attorney General may file a motion to renew a final order for an additional period of six months. The motion must be accompanied by an affidavit and filed not more than 30 days and not less than 14 days before the expiration date of the order. The motion and affidavit must comply with 13 V.S.A. § 4053(c). The court will schedule a hearing within 14 days of the filing of the motion. Notice of the hearing together with the motion must be served by a law enforcement officer pursuant to 13 V.S.A. § 4056. If the court grants the motion to renew, the court must issue an order that complies with the requirements for final orders for extreme risk protection. If the court denies the motion, the court must state the particular reasons for the denial in its decision.

End

Notes

REPORTER'S NOTES: Rule 19 is added to provide rules of procedure for obtaining an Extreme Risk Protection Order (ERPO) in accordance with 13 V.S.A. §§ 4051-4061. In 2018, the Vermont Legislature enacted legislation to establish a procedure for a state's attorney or the Attorney General to obtain an order from the Family Division of the Superior Court prohibiting a person from possessing a firearm or explosive for up to six months if the person's possession thereof poses an extreme risk of harm to the person or other persons. See 2017, No. 97 (Adj. Sess.). The order is known as an Extreme Risk Protection Order or ERPO. The legislation specifically provides that ERPO proceedings be in accordance with the Vermont Rules for Family Proceedings and in addition to any other available civil or criminal remedies. See 13 V.S.A. § 4057(a). In 2023, ERPO legislation was amended to permit family or household members to file an ERPO petition in order to obtain a temporary ex parte order with the caveat that following the issuance of the ex parte order, the state's attorney in the county where the matter was filed would be substituted for the family or household member. 2023, No. 45, §§ 4-6. The stated purpose of Act 45 was “to prevent death by suicide by reducing access to firearms by children and prohibited persons and to reduce community violence. See 2023, No. 45, § 2 (Legislative Purpose). Rule 19(a) specifies that the rules of civil procedure apply to ERPO proceedings with certain exceptions and modifications. The exceptions and modifications are similar to those covered in V.R.F.P. 9 which governs the procedure for obtaining an abuse prevention order. See V.R.F.P. 9 (a). V.R.C.P. 4 is also modified to the degree it is inconsistent with the provisions for service of ERPOs described in 13 V.S.A. § 4056. Rule 19(b) specifies who may file an ERPO petition. While family or household members are permitted to file for an ex parte temporary order, the state's attorney in the county in which the petition is filed, is substituted as the plaintiff upon the issuance of a temporary order or within seven days prior to the hearing on the petition. Upon substitution, the family or household member is no longer a party. See 13 V.S.A. § 4053(b)(2). While no longer parties, the rule requires the court to provide the family or household member with notices of hearings, filings, and orders subsequently issued in the proceeding. Rule 19(c) sets forth the required allegations for an ERPO petition consistent with 13 V.S.A. § 4053(c). If the petitioner is a family or household member, they are required to provide contact information; however, similarly to V.R.F.P. 9(b), that information may not be provided to any person other than the state's attorney without the written permission of the family or household member. Rule 19(d) permits the issuance of temporary ex parte orders without notice to the respondent upon motion and affidavit in accordance with 13 V.S.A. § 4054(a)-(b). Unless there is a voluntary dismissal of the petition, hearings must be held within 14 days of the issuance of a temporary order. 13 V.S.A. § 4054(c)(1). Rule 19(e) requires that if a petition is denied, the reasons for the denial must be recorded in writing and given to the petitioner. Rule 19(f) outlines the process for the substitution of a state's attorney and the transmission of all court documents in the case when a petition is filed by a family or household member. See 13 V.S.A. §§ 4054(b)(1)(B), 4053(d)(2). Rule 19(g) addresses the procedure for voluntary dismissals by the prosecutor prior to a hearing on the ERPO petition. 13 V.S.A. § 4054(c)(2). If the petition was filed by a family or household member, the court must provide notice of the dismissal to the family or household member. Rule 19(h) addresses the requirements for ERPO orders issued by the court. Paragraph (1) sets for the requirements for all orders, paragraph (2) additional specific requirements for ex parte orders and paragraph (3) specific requirements for final orders. The provisions reflect the requirements set forth in statute. 13 V.S.A. §§ 4053 (e)(2), 4054 (d)(1). Rule 19(i) permits the issuance of ex parte orders by electronic means. 13 V.S.A. § 4054(d)(2). Rule 19(j) sets forth the procedures for termination motions filed by respondents in ERPO cases. A respondent is limited to filing one termination motion during the effective period of the order. 13 V.S.A. § 4055(a), (c)-(f). V.R.F.P. 19(k) sets forth the procedure for renewal motions filed a state's attorney or the Attorney General’s Office in accordance with 13 V.S.A. § 4055(b)-(f).

Amendment History

[Adopted August 4, 2025, effective January 1, 2026.]

Plain-English Summary

Rule 19 runs petitions for extreme risk protection orders. The Rules of Civil Procedure apply around it with a few carve-outs: the civil rules on alternative dispute resolution, default, and attorney appearance and withdrawal do not apply, the civil rule on service of process applies only so far as it fits the extreme risk statute, a deposition can be taken only by court order for good cause, and a judgment needs no separate document and takes effect once it is in writing, signed by the judge, and entered on the docket. A state's attorney, the Office of the Attorney General, or a family or household member may file the petition. When a family or household member files, the state's attorney of the county where the petition was filed is substituted as plaintiff, either when an ex parte order issues or at least seven days before the hearing. After the substitution the family or household member is no longer a party, but the court keeps sending that person copies of hearing notices, filings, and later orders.

The petition has to allege that the respondent poses an extreme risk of causing harm to the respondent or to another person by purchasing, possessing, or receiving a dangerous weapon, or by having one within the respondent's custody or control. A supporting affidavit states the specific facts, identifies any dangerous weapons the petitioner believes the respondent holds, and says whether abuse prevention proceedings or stalking petitions have been filed against the respondent and whether any orders from them are in effect. A family or household member who files also gives an address, telephone number, and email address if available, and that information reaches no one but the state's attorney without the petitioner's written consent.

The court can issue a temporary order ex parte, with no written or oral notice to the respondent or the respondent's attorney, on a motion, an affidavit, and the findings the statute requires, and it can do that by telephone or reliable electronic means. Once a temporary ex parte order issues, a hearing on the petition follows within 14 days unless the petition is voluntarily dismissed. A judge who denies the request states the particular reasons in the decision. When a family or household member started the case, the clerk sends the papers to the state's attorney: forthwith with the temporary order and notice of hearing if the ex parte request was granted, with the court's statement of reasons if it was denied, and no later than 7 days before the hearing if no ex parte order was sought. The prosecutor can voluntarily dismiss a motion for a temporary order before hearing, and the court then vacates the ex parte order and directs the person holding the dangerous weapon to return it to the respondent.

Every order names the court and its address, the parties, the date of the petition, the grounds, the findings, the date and time of the order, the date and time it expires, and what the respondent must do to relinquish the weapons, and it carries a warning in capital letters that violating the order is a crime and can also be prosecuted as criminal contempt. An ex parte order states on its face the date and time of the hearing where the respondent may contest it, set as soon as reasonably possible and no more than 14 days after the order issues. Final orders describe how to appeal, describe how to request termination, and direct whoever holds the firearm to release it to the owner when the order expires. A respondent may move to terminate an order once during the period it is in effect. A state's attorney or the Office of the Attorney General may move to renew a final order for an additional six months, filing the motion and affidavit not more than 30 days and not less than 14 days before the expiration date. Either motion draws a hearing within 14 days of filing, a law enforcement officer serves the notice, and a denial comes with the court's particular reasons.

Frequently Asked Questions

Who can ask a Vermont court for an extreme risk protection order?

A state's attorney, the Office of the Attorney General, or a family or household member may file the petition. That last option matters for relatives and people sharing a household who see the danger first.

Whoever files, the petition has to allege that the respondent poses an extreme risk of causing harm to himself, herself, or another person by purchasing, possessing, or receiving a dangerous weapon, or by having one within his or her custody or control. An affidavit has to supply the specific facts behind that allegation, list any dangerous weapons the petitioner believes are in the respondent's possession, custody, or control, and say whether abuse prevention proceedings or petitions against stalking have been filed with respect to the respondent and whether any orders from them are in effect.

I filed the petition myself. Why am I no longer a party to the case?

Rule 19 hands the case to the state's attorney of the county where you filed. The substitution happens when the court issues an ex parte order, or at least seven days before the hearing. From that point the prosecutor carries the petition and you are no longer a party.

You are not cut off from information. The court provides you with copies of the notices of hearing, the filings, and the orders issued after the substitution. If the prosecutor voluntarily dismisses a motion for a temporary order, the court gives you notice of the dismissal.

Can the court issue an extreme risk protection order before the respondent is notified?

Yes. A temporary order can issue ex parte, with no written or oral notice to the respondent or the respondent's attorney, on a motion, an affidavit, and the findings the statute requires. The court can issue the temporary order by telephone or by reliable electronic means.

A hearing follows quickly. When a temporary ex parte order issues, the court holds a hearing on the petition within 14 days unless the petition is voluntarily dismissed, and the order itself states the date and time of the hearing where the respondent can contest it, set no more than 14 days after the order issues.

How does a respondent get an extreme risk protection order lifted?

By filing a motion to terminate. A respondent may file one no more than once during the effective period of the order. Every final order has to describe how to request termination and how to appeal, so the instructions travel with the order itself.

The court schedules a hearing within 14 days of the filing, and a law enforcement officer serves notice of that hearing. If the court denies the motion, it must state the particular reasons for the denial in its decision.

Does the order expire, and can the state extend it?

Every order states the date and time it expires, and a final order directs the entity or person holding the firearm to release it to the owner at that point.

A state's attorney or the Office of the Attorney General can move to renew a final order for an additional six months. The motion needs an affidavit and has to be filed not more than 30 days and not less than 14 days before the expiration date. The court schedules a hearing within 14 days of the filing, a law enforcement officer serves the motion and notice, and an order granting renewal has to meet the same requirements as any final extreme risk protection order. A denial comes with the court's particular reasons.

Source & verification. Rule text, official Reporter's Notes, and amendment history are reproduced verbatim from the Vermont Rules for Family Proceedings, adopted by the Vermont Supreme Court. Last verified September 12, 2026. · Official source

Also known as: extreme risk protection orderdangerous weapon petitionfirearm relinquishment orderfamily or household member petitionmotion to terminate extreme risk orderrenew extreme risk protection order