(a) A family or household member of the respondent, a community member, licensed healthcare professional, behavioral health professional, or a law enforcement officer or agency may request a temporary extreme risk protection order without notice to the respondent by including in the petition, an affidavit, signed under oath and penalty of perjury, that sets forth detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to himself, herself, or others, in the near future by having in his or her custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition. If the petitioner is a law enforcement officer or law enforcement agency, the law enforcement officer or law enforcement agency shall concurrently file an affidavit for a search warrant to search for any firearms in the possession or control of the respondent at a location or locations to be named in the warrant.
(b) Notwithstanding any law to the contrary, a licensed health-care professional or behavioral health professional authorized to file a petition for an extreme risk protection order, upon filing the petition for an extreme risk protection order, may disclose protected health information of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When disclosing protected health information, the licensed health-care professional or behavioral health professional shall make reasonable efforts to limit protected health information to the minimum necessary to accomplish the filing of the request. Upon receipt of a petition by a licensed health-care professional, or behavioral health professional, and for good cause shown, the court may issue orders to obtain any records or documents relating to diagnosis, prognosis, or treatment, and clinical records, of the respondent as necessary for the full investigation and disposition of the petition for an extreme risk protection order. When protected health information is disclosed or when the court receives any records or documents related to diagnosis, prognosis, or treatment or clinical records, the court shall order that the parties are prohibited from using or disclosing the protected health information for any purpose other than the proceedings for a petition for an extreme risk protection order and shall order the return to the covered entity or destroy the protected health information, including all copies made, at the end of the litigation or proceeding. The court shall seal all records and other health information received that contain protected health information. The decision of a licensed health-care professional or behavioral health professional to disclose or not to disclose records or documents relating to the diagnosis, prognosis, or treatment, and clinical records of a respondent, when made reasonably and in good faith, may not be the basis for any civil, administrative, or criminal liability with respect to the licensed health-care professional or behavioral health professional.
(c) In considering whether to issue a temporary extreme risk protection order under this section, the court shall consider all relevant evidence, including the evidence described in section 1004(f).
(d) The court shall issue a temporary extreme risk protection order if the court finds by a preponderance of the evidence presented pursuant to section 1004(f), the respondent poses a significant risk of causing personal injury to self or others in the near future by having in the respondent’s custody or control a firearm or by purchasing, possessing, or receiving a firearm.
(e) The court shall hold a temporary extreme risk protection order hearing in person or by telephone on the day the petition is filed or on the court day immediately following the day the petition is filed. The court may schedule a hearing by telephone pursuant to local court rule to reasonably accommodate a disability or, in exceptional circumstances, to protect a petitioner from potential harm. The court shall require assurances of the petitioner’s identity before conducting a telephonic hearing. A copy of the telephonic hearing must be provided to the respondent prior to the hearing for an extreme risk protection order.
(f) In accordance with section 1003, the court shall schedule a hearing within fourteen days after the issuance of a temporary extreme risk protection order to determine if a 12-month extreme risk protection order should be issued pursuant to this subchapter. Notice of that hearing date must be included with the temporary extreme risk protection order that is served on the respondent. The court shall provide notice of the hearing date to the petitioner.
(g) Any temporary extreme risk protection order issued expires on the date and time of the hearing on the extreme risk protection order petition or the withdrawal of the petition.
(h) A temporary extreme risk protection order must include:(1) A statement of the grounds asserted for the order;(2) The date the order was issued;(3) The address of the court in which any responsive pleading may be filed;(4) The date and time of the scheduled hearing; and(5) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and(6) The following statement:To the subject of this temporary extreme risk protection order: this order is valid until the date and time noted above. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You must immediately surrender to the Virgin Islands Police Department all firearms in your custody or possession, and any concealed carry permit issued to you. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court entering an order against you that is valid for 12 months. An attorney will be appointed to represent you, or you may seek the advice of your own attorney at your own expense as to any matter connected with this order.
(1) A statement of the grounds asserted for the order;
(2) The date the order was issued;
(3) The address of the court in which any responsive pleading may be filed;
(4) The date and time of the scheduled hearing; and
(5) A description of the requirements for the surrender of all firearms and ammunition that the respondent owns; and
(6) The following statement:To the subject of this temporary extreme risk protection order: this order is valid until the date and time noted above. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You must immediately surrender to the Virgin Islands Police Department all firearms in your custody or possession, and any concealed carry permit issued to you. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court entering an order against you that is valid for 12 months. An attorney will be appointed to represent you, or you may seek the advice of your own attorney at your own expense as to any matter connected with this order.
To the subject of this temporary extreme risk protection order: this order is valid until the date and time noted above. You may not have in your custody or control a firearm or purchase, possess, receive, or attempt to purchase or receive a firearm while this order is in effect. You must immediately surrender to the Virgin Islands Police Department all firearms in your custody or possession, and any concealed carry permit issued to you. A hearing will be held on the date and at the time noted above to determine if an extreme risk protection order should be issued. Failure to appear at that hearing may result in a court entering an order against you that is valid for 12 months. An attorney will be appointed to represent you, or you may seek the advice of your own attorney at your own expense as to any matter connected with this order.
(i) A law enforcement officer shall serve a temporary extreme risk protection order concurrently with the notice of hearing and petition for an extreme risk protection order, with a notice that includes referrals to appropriate resources, including domestic violence, behavioral health, and counseling resources, upon the Respondent personally in the same manner as provided for in section 1105 where the respondent resides.
(j) If the court issues a temporary extreme risk protection order, the court shall state the particular reasons for the court’s issuance. If the court declines to issue a temporary extreme risk protection order, the court shall state the particular reasons for the court’s denial.