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Legal Information: District of Columbia

Statutes: District of Columbia

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Updated: 
July 13, 2021

§ 7-2510.04. Ex parte extreme risk protection orders.

(a) When filing a petition for a final extreme risk protection order, a petitioner may also request that an ex parte extreme risk protection order be issued without notice to the respondent.

(b) The court may hold a hearing on any request for an ex parte extreme risk protection order filed under this section.

(c) In determining whether to issue an ex parte extreme risk protection order pursuant to this section, the court shall consider any exhibits, affidavits, supporting documents, and all other relevant evidence, including:

(1) Any history or pattern of threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(2) Any recent threats of violence, or acts of violence, by the respondent directed toward themselves or others;

(3) The respondent’s acquisition of any firearms, ammunition, or other deadly or dangerous weapons within one year before the filing of the petition;

(4) The unlawful or reckless use, display, or brandishing of a firearm or other weapon by the respondent;

(5) Respondent’s criminal history;

(6) Respondent’s violation of a court order;

(7) Evidence of the respondent experiencing a mental health crisis, or other dangerous mental health issues; and

(8) Respondent’s use of a controlled substance, as that term is defined in § 48-901.02.

(d) The court may grant a request under this section based solely on an affidavit or sworn testimony of the petitioner.

(e) The court shall issue an ex parte extreme risk protection order if the petitioner establishes that there is probable cause to believe that the respondent poses a significant danger of causing bodily injury to self or others by having possession or control of, purchasing, or receiving any firearm or ammunition.

(f) If the petitioner requests that the court issue an ex parte extreme risk protection order pursuant to this section, the court shall grant or deny the request on the same day that the request was made, unless the request is filed too late in the day to permit effective review, in which case the court shall grant or deny the request the next day the court is open.

(g) An ex parte extreme risk protection order shall state:

(1) That the respondent is prohibited from having possession or control of, purchasing, or receiving any firearm, ammunition, registration certificate, license to carry a concealed pistol, or dealer’s license while the order is in effect;

(2) The date and time the order was issued;

(3) The date and time the order will expire;

(4) The grounds upon which the order was issued;

(5) The time and place of the hearing to determine whether to issue a final extreme risk protection order;

(6) That following the hearing, the court may issue a final extreme risk protection order that will be in effect for up to one year;

(7) The procedures for the surrender of firearms, ammunition, registration certificates, licenses to carry a concealed pistol, or dealer’s licenses in the respondent’s possession, control, or ownership pursuant to § 7-2510.07; and

(8) That the respondent may seek the advice of an attorney as to any matter connected with this subchapter, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the ex parte extreme risk protection order.

(h) An ex parte extreme risk protection order issued pursuant to this section shall remain in effect for an initial period not to exceed 14 days. The court may extend an ex parte extreme risk protection order in additional 14-day increments for good cause shown.

(i) The court shall terminate an ex parte extreme risk protection order in effect against the respondent at the time the court grants or denies the petition for a final extreme risk protection order.