Termination and extension of orders

19 V.I.C. § 1106 — under Behavioral Health.

19 V.I.C. § 1106

(a) The respondent may submit one written request for a hearing to vacate an extreme risk protection order issued under this subchapter, starting after the date of the issuance of the order, and may request another hearing after every extension of the order, if any.

(b) Upon receipt of the request for a hearing to vacate an extreme risk protection order, the court shall set a date for a hearing. Notice of the request must be served on the petitioner. The hearing must occur no sooner than 14 days and no later than 30 days after the date of service of the request upon the petitioner.

(c) The respondent shall have the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to himself or herself or others by having in his or her custody or control, purchasing, possessing, or receiving a firearm or ammunition. The court may consider any relevant evidence, including evidence of the considerations listed in section 1004(f).

(d) If the court finds after the hearing that the respondent has met his or her burden of proof, the court must vacate the order.

(e) The law enforcement agency holding any firearm or ammunition or license to carry a concealed weapon or firearm that has been surrendered pursuant section 1007, shall be notified of the court order to vacate the risk protection order.

(f) The court shall notify the petitioner of the impending end of an extreme risk protection order. Notice must be received by the petitioner at least 30 days before the date the order ends.

(g) The petitioner may, by motion, request an extension of an extreme risk protection order at any time within 30 days before the end of the order.

(h) Upon receipt of the motion to extend, the court shall order that a hearing be held no later than 14 days after the date the order is issued and shall schedule a hearing. The court may schedule a hearing by telephone in the manner provided by section 1002(e). The respondent must be personally serviced in the same manner provided by section 1005.

(i) In determining whether to extend an extreme risk protection order issued under this subchapter, the court may consider all relevant evidence, including evidence of the considerations listed in section 1004(f).

(j) If the court finds by clear and convincing evidence that the requirements for issuance of an extreme risk protection order as provided in section 1004 continue to be met, the court shall extend the order. However, if, after notice, the motion for extension is uncontested and no modification of the order is sought, the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since the entry of the order and stating the reason for the requested extension.

(k) The court may extend an extreme risk protection order for a period that it considers appropriate, up to and including but not exceeding 12 months, subject to an order to vacate as provided in section 1006, or to another extension order by the court.