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EspañolWhat is an extreme risk protective order?
An extreme risk protective order (ERPO) temporarily restricts a person’s access to guns in certain situations to protect him/her and others.1 The person against whom the order is filed is called the respondent.
1 MCL § 691.1807(1)
Who can file for an extreme risk protective order?
You can file for an extreme risk protective order if you are:
- the respondent’s:
- spouse or former spouse;
- co-parent;
- current or former dating partner;
- current or former co-habitant;
- parent, guardian, child, sibling, grandparent, grandchild, uncle, aunt, or first cousin;1 or
- any of the following professionals:
- a law enforcement officer; or
- a health care provider.2
The complaint must show that “within the near future,” the respondent can “reasonably be expected” to cause personal injury to himself/herself, you, or others by having, buying, owning, or receiving a firearm.3 However, you can file for an extreme risk protective order even if the respondent does not currently have or own a firearm.4
1 MCL § 691.1803(d)
2 MCL § 691.1805(2)
3 MCL § 691.1805(3)
4 MCL § 691.1805(4)
How much does it cost to file for an extreme risk protection order?
In which county can I file for an extreme risk protective order?
You have several options for filing an extreme risk protective order, depending on where the respondent lives and how old s/he is.
|
If the respondent… |
Then you can file in… |
|---|---|
|
is an adult… |
any county in the state. |
|
is a minor… |
the county where you live or the county where the respondent lives. |
|
lives outside of Michigan… |
the county you live in.1 |
1 MCL § 691.1805(8)
What types of orders are there? How long do they last?
There are three types of extreme risk protective orders (ERPO). Two of them are ex parte orders. An ex parte order means that the respondent hasn’t been notified of the case beforehand and is not present for the hearing.
Immediate emergency ex parte extreme risk protective order
Only law enforcement officers can get this type of order, and they must be responding to a complaint involving the respondent. For this order, law enforcement officers may ask a judge, either over the phone or in writing, to issue an immediate emergency ex parte order at any time of the day or night.1
Temporary ex parte extreme risk protective order
You or anyone related to the respondent in a way described in Who can file for an extreme risk protective order? can file for this order. This petition has to be filed during regular court business hours. The judge will decide whether or not to issue the ex parte order within one business day of the request.2
Final extreme risk protective order issued after notice and a hearing
A hearing for a final order isn’t automatically scheduled after an ex parte ERPO is granted. A hearing would only be held in one of three situations:
- If you did not request an ex parte order, a hearing will be held within 14 days of the date you filed your complaint;
- If you requested an ex parte order but the judge denied your request, you have 21 days after the denial to ask that a hearing be held; or
- If an ex parte order was granted, and the respondent asks for a hearing within the following timeframes:
- within three days of service of the order if the respondent uses a gun for his/her job; or
- within seven days of service of the order for all other respondents.3
If the respondent uses a gun for his/her job, the hearing would take place within five days. For all other respondents, it would take place within 14 days.4 If the respondent does not request a hearing, the ex parte order will remain in effect.
At the hearing, the respondent can object or consent to the order being issued. The judge will listen to both the petitioner and the respondent and will make a decision as to whether or not an ERPO should be granted.5
If the judge issues an extreme risk protective order in any of the above situations, the order will last for one year. An ERPO goes into effect as soon as it is signed, and it can be enforced immediately.6
1 MCL § 691.1807(4)
2 MCL § 691.1807(2)
3 MCR § 3.718(A)(5), (D)(2), (D)(3)
4 MCL § 691.1807(3); MCR § 3.718(D)(3)
5 MCL §§ 691.1806(2); 691.1805(2)
6 MCL § 691.1809(1)(k), (2)
What protections can I get in an extreme risk protective order?
In an extreme risk protective order, the judge will order the respondent to:
- not own or buy a firearm;
- not apply for a concealed pistol license and must turn in any license that s/he already has; and
- surrender any firearms in his/her possession to law enforcement or to a licensed firearm dealer.1
The judge can choose whether the firearms must be surrendered:
- immediately, at the same time that the order is served; or
- within 24 hours after service.2
The order will include your description of any specific firearms that you may have listed in your petition. Law enforcement agents will be authorized to take (seize) the weapons if the respondent doesn’t surrender them after s/he has been served with the order.3
1 MCL § 691.1809(1)(a), (1)(b), (1)(c)
2 MCL § 691.1807(8)
3 MCL § 691.1809(1)(d), (1)(l)
