English
EspañolLaws current as of July 19, 2024
What are the steps to getting an extreme risk protection order?
The steps to get an extreme risk protection order are similar to the steps to get a domestic violence restraining order, but the law enforcement agency (the petitioner) will fill out different forms. The extreme risk protection order petition should be filed in the county where the respondent lives. There are no fees to file for the order.1
The petition should include the following:
- specific statements, actions, or facts that explain why the respondent is dangerous to himself/herself or others because s/he has or can get a firearm;
- a sworn statement (affidavit) signed by the law enforcement officer filing the petition;2
- information about the respondent’s guns, like the number of guns s/he has, what types they are, and where they are kept, if known.3
1 R.I. Gen. Laws § 8-8.3-2
2 R.I. Gen. Laws § 8-8.3-3(d), (e)
3 R.I. Gen. Laws § 8-8.3-3(f)
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)
