Eligibility for Extreme Risk Protection Orders (ERPO)

Learn about who an Extreme Protection Order (ERPO), also known as a red flag law, can be issued against, and who can request one.

Who is an ERPO issued against?

An ERPO is issued against a person who poses a risk of physically hurting themselves or others. This person is called the respondent.

The respondent has the right to hire a lawyer to represent them at ERPO proceedings.

Who can request an ERPO?

People who can file an ERPO petition include:

  • A family or household member. A family or household member includes a person who:

    • Is or was engaged to or married to the respondent
    • Is or was living in the same household as the respondent
    • Is or was related by blood or marriage to the respondent
    • Has or is having a child with the respondent, regardless of whether they have ever been married or lived together
    • Is or has been in a serious dating relationship with the respondent
  • The police department in the city or town where the respondent lives
  • A licensed physician, licensed physician assistant, registered nurse, licensed practical nurse, certified nurse practitioner, certified clinical nurse specialist, certified psychiatrist clinical nurse specialist, licensed psychiatrist, licensed psychologist, licensed mental health counselor, licensed marriage and family therapist, licensed alcohol and drug counselor, licensed independent clinical social worker or licensed certified social worker

  • A principal or assistant principal of an elementary school or secondary school, or an administrator of a college or university where the respondent is enrolled

The person filing the petition is called the petitioner. A petitioner has the right to hire a lawyer to represent them at ERPO proceedings.

If you don’t qualify to file a petition, but you believe the respondent poses a risk to themselves or others, you should contact the police department in the city or town where the respondent lives. 

The law does not mention any age requirements related to ERPOs. 

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