Who is an Extreme Risk Protection Order issued against?
An ERPO is issued against a person who has a license to possess or carry a gun and who poses a risk of causing bodily injury to self or others by having in their control, ownership, or possession a firearm, rifle, shotgun, machine gun, stun gun, or ammunition. This person is called the “Respondent.”
A Respondent has the right to hire an attorney to represent them at ERPO proceedings.
Who can request an order?
A petition can be filed by a family or household member or the police department of the city or town where the Respondent lives. The person filing the petition is called the “Petitioner.”
A family or household member includes a person who:
- is or was married to the Respondent;
- is or was residing with the Respondent in the same household;
- is or was related by blood or marriage to the Respondent;
- has or is having a child in common with the Respondent, regardless of whether they have even been married or lived together;
- is or has been in a substantive dating relationship with the Respondent;
- is or has been engaged to the Respondent.
A Petitioner has the right to hire an attorney to represent them at ERPO proceedings.
If you do not qualify to file a petition or if you know that the Respondent does not have a license to possess or carry firearms, but you believe that the Respondent poses a risk to self or others by having in his or her possession firearms, rifles, shotguns, machine guns, stun guns, or ammunition, you should contact the police department where the Respondent lives.