Recently updated on April 9th, 2024 at 12:17 am
Prepare and E-File the court case for Extreme Risk Orders to temporarily ban an unstable person from having firearms
This website provides an online guided experience for you to prepare the case documents for every state that supports the Extreme Risk Protection Orders.
The legal definition of order varies state to state but nearly all of them are centered around a core idea: temporarily ban guns from a mentally disturbed person.
You can also use this website just to explore e.g. whether the person you're thinking about would even qualify for an extreme risk orders, and the court process. So exploring the paperwork without filing with the court is also helpful if you're just learning about the process and your options.
As of early 2024, there are about 22 states which offer Extreme Risk Orders
Process Overview
Courts in every state have a well defined set of forms and steps for granting an Extreme Risk Protection Order. This website makes that process simpler by leading you through a series of online questionnaires and then at the end generates the paperwork. You can also E-file in almost all locations.
This website provides a guided experience to people who are working themselves on preparing the court forms for a Domestic Violence Restraining Order.
1. Take Screening
Select the specific protection order you want to file for. Then answer a few questions to determine your eligibility.
2. Prepare Documents
Prepare the main set of your court documents by covering one topic at a time. Each topic offers questions in simple and non-legal language. Just do your best and in case you need help you can get reach out for help just with a few clicks.
3. Consult Advocate (Optional)
Depending on your situation, we can suggest any trusted free victim advocacy non profits. The advocate can assist you with certain aspects of the case and safety planning. They can review your case documents, and talk to you directly to discuss your case.
4. Submit to Court
Submit the paperwork to begin the legal process. You can do online depending on your local court or by printing and visiting the court in person.
Emergency Risk Protection Orders (ERPOs) impose a temporary ban on an individual's ability to own or buy firearms, along with outlining a procedure for the confiscation of firearms they already possess, thereby cutting the risk of a mass shooting or even murder.
While these laws are relatively new, a growing body of research (John Hopkins School of Public Health) demonstrates ERPOs’ promise for preventing gun violence (particularly suicide) when implemented effectively.
It is not a criminal case so the at risk person is not arrested unless they try to acquire firearms.
It does not offer any surveillance or therapy for the disturbed person.
In many states its a crime of misdemeanor for a person to violate the terms or conditions of a court-issued restraining order, protective order, or stay-away order. This offense is a misdemeanor that carries a maximum sentence of up to one year in jail.
But a second-offense violation of a restraining order, or a violation that involves an act of violence, can be charged as a felony and punished by up to 3 years in jail or prison.
In most states ERPO is always free.
No, a lawyer is not required. LegalAtoms goal is to allow you to file for typical situations if you are self representing. However, having a lawyer in any legal situation can benefit you.
You can get a temporary protection order the same day as you file in case of an emergency. The specific cut off time varies from court to court. For example, the cut off time for Snohomish County Superior Court is 10:30 a.m. Many courts can close as early as 12:30 p.m. so you need to definitely file before then. Otherwise, the order would be issued the following day when courts open.
Courts are generally open Monday-Friday and closed on Saturday-Sunday.
The temporary order is valid until a formal hearing is held in which both parties need to be present. Typically a hearing is scheduled within 3 weeks of filing.
At the hearing a formal order may be issued.
Emergency ex parte orders (typically lasting 2 to 3 weeks) and longer-term orders (typically lasting up to one year); the latter are only issued after notice and a hearing
Between 1999 and 2022, at least 34,392 Extreme Risk petitions were filed. The majority of these petitions (32,594 or 95 percent) have been filed since the Parkland shooting.
Source: https://everytownresearch.org/report/extreme-risk-laws-save-lives/
Analysis includes all available data as of October 2023 from the 19 states with Extreme Risk laws in effect and Washington, DC.
Do Extreme Risk Orders Help?
Here the outcome of a research on extreme risk
1. Cut Suicide Risk
Suicides risk is cut by 10% when firearms were removed from high risk persons under Connecticut’s Extreme Risk law.
Swanson J. and et al. “Implementation and Effectiveness of Connecticut’s Risk-Based Gun Removal Law: Does it Prevent Suicides?”Law and Contemporary Problems. (2017). https://scholarship.law.duke.edu/lcp/vol80/iss2/8
2. Prevent Mass Shootings
3. Cities vs. Countryside
In all incidents of targeted school violence—100 percent— the perpetrator displayed suspicious behavior which was observed by others.
National Threat Assessment Center, “Protecting America’s Schools: A US Secret Service Analysis of Targeted School Violence,” US Secret Service, Department of Homeland Security, 2019, https://bit.ly/2U7vnwa.