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EspañolWhat happens if the respondent violates the order?
The respondent can be held in “contempt of court” for violating an extreme risk protection order. Violating the order is also a felony. The respondent may face:
- up to ten years in prison;
- a fine of up to $10,000;
- or both prison time and a fine.1
1 R.I. Gen. Laws § 8-8.3-10(a), (b)
Can an extreme risk protection order be renewed?
The law enforcement agency that filed the order can ask to renew it by filing a “motion to renew” within 14 days of the order’s expiration date.1 The court will then schedule a hearing, which is supposed to happen within 14 days of the motion being filed. The respondent will be notified and can object to the renewal.2
During the hearing to renew the extreme risk protection order, the judge will review the evidence and consider the same factors used when the order was first issued. You can read these factors in How will a judge decide whether to grant the order? The judge may also check if the respondent followed any recommendations for mental health or substance abuse evaluations.
If the judge believes the person is still a significant danger to himself/herself or others because of having or getting a firearm, the order can be renewed for another year.3
1 R.I. Gen. Laws § 8-8.3-7(c)
2 R.I. Gen. Laws § 8-8.3-7(c)(1)
3 R.I. Gen. Laws § 8-8.3-7(c)(3), (c)(4)
Will I be notified before the order expires?
In the 14 days before the order ends, law enforcement must send a written notice to all “interested parties,” such as the respondent’s family or anyone living in his/her home. This notice will let them know the order is about to expire.1
1 R.I. Gen. Laws § 8-8.3-7(b)
Can the respondent get his/her gun back?
The respondent can get his/her gun back once the extreme risk protection order is no longer in effect. The gun will be returned within ten days of asking for it if:
- the person shows proof from the court that the extreme risk protective order ended or expired and was not renewed; and
- the law enforcement agency checks the national criminal records and finds no other reason the person cannot legally have a gun under state or federal law.1
You can see our Rhode Island State Gun Laws and Federal Gun Laws pages to learn about other reasons someone may not be allowed to have a gun.
1 R.I. Gen. Laws § 8-8.3-8(a)
Will I be notified if the gun is returned?
If you asked law enforcement to file for the extreme risk protection order, you can ask them to notify you before they return the respondent’s gun. You or the judge can also ask law enforcement to notify any “interested party,” such as the respondent’s family or someone s/he lives with.1
1 R.I. Gen. Laws § 8-8.3-8(b)
