How will a judge decide whether to grant the order?
The judge may consider several factors to decide if the person poses a significant danger of causing personal injury to himself/herself or others, such as:
- the person’s acts or threats of violence against himself/herself or others, even if they didn’t involve a gun;
- any recent incidents or patterns of violence within the past year;
- the person’s history of mental health issues or substance abuse;
- past violations of court orders, like restraining orders, no-contact orders, and protective orders;
- any past extreme risk protection orders;
- the person’s illegal or reckless use of a gun;
- threats involving a gun, like displaying it to intimidate someone or posting about it on social media;
- whether the person owns, has access to, or plans to get any firearms;
- the person’s criminal history;
- a history of physical violence, threats or attempts to use physical violence, stalking, or cruelty to animals; and
- whether the person recently got or tried to get a gun.1
1 R.I. Gen. Laws § 8-8.3-5(a), (b)