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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 or 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:
- firearms or ammunition;
- a license to carry firearms; or
- a firearm identification card.1
1 MA ST 140 §§ 131T(a)(1); 131S(c)(1)
Can I renew an extreme risk protection order?
The court will notify the person who filed the initial petition (petitioner) at least 30 days before the order expires. If the petitioner files to renew the order 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(c)(3)
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)
