English
EspañolHow 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 relationship personal protection order, but you will fill out different forms.
Your petition, called the “complaint,” should include the facts that support your request. You will need to explain:
- the specific reason(s) you think the respondent might harm himself/herself or someone else in the near future if s/he has a firearm;
- any threats the respondent has made, or any actions s/he has taken that make you believe an injury could happen;
- whether or not you believe that the respondent currently has any firearms;
- the types and locations of any firearms you think s/he has; and
- whether or not the abuser is in law enforcement or has a job that involves carrying a gun.1
As part of the process, you will be required to list your address on the petition so that the court can contact you when necessary. However, your address will remain confidential.2
1 MCL § 691.1805(3), (5), (6)
2 MCL § 691.1805(7)
How will a judge make a decision about whether to grant the order?
When deciding whether to grant a temporary or final ERPO, a judge will consider whether or not the respondent:
- has any history of making threats or acting violently towards himself/herself or others, even if a firearm was not involved;
- has any serious mental illness or serious emotional disturbance that makes him/her dangerous to himself/herself or others;
- has or had an extreme risk protection order, a personal protection order, a pretrial release order, a probation order, a parole order, or another similar order issued against him/her;
- has violated an extreme risk or personal protection order;
- has any pending charges or convictions for:
- assault and battery;
- stalking;
- an offense that has assault as an element;
- an offense that has a threat as an element;
- a crime committed against the person or property of a spouse or intimate partner;
- cruelty to or abuse of animals; or
- a serious misdemeanor;
- has recently used drugs or abused alcohol;
- has illegally possessed, used, shown (displayed), or waved around in a threatening way (brandished) a deadly weapon; or
- got or tried to get a deadly weapon or ammunition within the last 180 days.1
1 MCL § 691.1807(1)
Can an extreme risk protective order be renewed?
An extreme risk protective order may be renewed one or more times for one additional year at a time. You can make a motion to renew, or the judge can decide on his/her own to renew it. The judge will grant the extension if s/he believes that:
- the respondent is likely to injure himself/herself or someone else in the near future if s/he has a firearm; and
- the respondent has made significant threats or taken specific actions that support the belief that harm is likely to happen.1
Also, if the respondent is arrested for violating the ERPO and found guilty, the judge will automatically extend it for one additional year.2
1 MCL § 691.1817
2 MCL § 691.1819(2)
Can an extreme risk protective order be changed or ended early?
If you are the petitioner, you can file a motion to change or end the ERPO at any time. A hearing will be held, and the judge will decide whether or not the ERPO should be changed or ended.1
The respondent can file one request during each six-month period that the order is in effect to ask for a hearing to change or end the order. This request may be made in addition to the initial hearing during which the respondent could object to the ex parte order being entered in the first place.2 Go to What types of orders are there? How long do they last? for more information.
1 MCR § 3.720(A)(1)(a)
2 MCL § 691.1807(5); MCR § 3.720(A)(1)(b)
