How do I get an extreme risk protection order?
The steps to get an extreme risk protective order are similar to the steps to get a domestic violence restraining order, but you will fill out different forms.
Your petition should include:
- the facts that you believe support your request for an extreme risk protection order;
- the reason you think the respondent is at risk of causing bodily injury to himself/herself or others by having a firearm;
- the number, types, and locations of any firearms, rifles, guns, weapons, and ammunition you believe are in the respondent’s current control, ownership, or possession;
- whether there is an abuse prevention order, a harassment prevention order, or any similar type of order in another state that is in effect against the respondent; and
- whether there is a pending lawsuit, complaint, petition, or other legal action between you and the respondent.1
1 MA ST 140 § 131R(b)
How will a judge make a decision about whether or not to grant the order?
A judge can issue an emergency order or a final order against a respondent if the judge believes that s/he poses a risk of causing harm to himself/herself or another person by having any of the following in his/her possession:
- a license to carry firearms;
- a firearm identification card; or
- a firearm, rifle, shotgun, machine gun, weapon or ammunition.1
1 MA ST 140 §§ 131T(a); 131S(c)
Can I renew an extreme risk protection order?
The court will notify the person who filed the initial petition at least 30 days before the order expires. If a petition to renew the order is filed before the final order expires, the judge can renew the extreme risk protection order for up to one year.1
1 MA ST 140 § 131S(d)
What happens if the respondent violates the order?
Violating an extreme risk protection order is a crime. If the respondent violates the terms of an extreme risk protection order, s/he could be ordered to pay a fine of up to $5,000; go to jail for up to two and a half years; or both.1
1 MA ST 140 § 131S(f)