How do I get an extreme risk protection order?
How will a judge make a decision about whether or not to grant the order?
A judge can issue a temporary or longer-term extreme risk protection order if s/he finds that the respondent poses a significant risk of causing personal injury to himself/herself or others in the near future by having a firearm in his/her custody or control, or by purchasing, possessing, or receiving a firearm.1 To decide whether the respondent poses a “significant risk,” a judge will consider multiple factors, including any evidence of the respondent’s:
- recent act or credible threat of violence against himself/herself or others, even if the violence or threat of violence does not involve a firearm;
- pattern of acts or credible threats of violence within the past year, including acts or threats of violence against himself/herself or others;
- violation of a domestic violence protection order;
- prior or current extreme risk protection orders and any violations of those orders;
- conviction of a crime that included domestic violence;
- ownership, access to, or intention to possess a firearm;
- believable threat of, or illegal or reckless use of, a firearm;
- history of use, attempted use, or threatened use of illegal physical force against another person;
- history of stalking another person;
- previous arrests for certain crimes;
- abuse of drugs or alcohol;
- requirement to possess, carry, or use a firearm as a condition of his/her employment; and
- recent gaining of a firearm or ammunition.2
1 Colo. Stat. § 13-14.5-105(2)
2 Colo. Stat. § 13-14.5-105(3)
Can an extreme risk protection order be renewed?
The petitioner, the respondent’s family or household member, or a law enforcement officer or agency can file a motion to renew the order at any time before the order is set to expire. The judge will schedule a hearing on the request within 14 days. The respondent must be served with notice of the motion and have the opportunity to appear in court at the hearing to object to the renewal. The judge will consider evidence from both the petitioner and the respondent to decide whether to renew the order. If the judge finds that it is more likely than not that the requirements for issuing an extreme risk protection order continue to be met, the judge will renew the order.1
1 Colo. Stat. § 13-14.5-107(2)
What happens if the respondent violates the order?
If the respondent knowingly violates the extreme risk protection order, s/he may be charged with a crime. Violating an extreme risk protection order (including a temporary order) is a class 2 misdemeanor in Colorado.1 A person who is convicted of a class 2 misdemeanor can be sentenced to go to jail for three months to one year, pay a fine between $250 - $1,000, or both.2
1 Colo. Stat. § 13-14.5-111
2 Colo. Stat. § 18-1.3-504(1)(a)