Detailed information for ERPO filers

If you believe someone may be at risk of harming themselves or others, pay close attention to the warning signs and try to identify what you’re observing. Focus on facts you can clearly see and make objective notes. Gather any materials that support your concerns. These can be included with your petition.

Factual summaries and documentation frequently fall into the following categories:

• History of threats, violence or force
• Violations of court orders
• Prior arrests or convictions including stalking, domestic assault or animal cruelty
• Reckless or unlawful firearm use
• Suicide attempts or serious mental illness
• Dates of current or prior ERPO or protective-order involvement 

Law enforcement, a county or city attorney, a family member or guardian can file an ERPO petition. 

The ERPO should include basic information about the person, why they may be a danger, any firearms they own and how they are stored. Fill out a firearm form describing what firearms the subject has and where they are located. Summarize all relevant facts clearly and include documentation where possible.

When filing, you can request for hearings to be virtual. Virtual appearances are not guaranteed, but you can indicate your preference to the judge. If you do not specify a virtual option, hearings will likely require your physical presence. If you do not attend the hearing, the ERPO will not be granted.

There are two types of ERPOs. You can request one or both types depending on the level of urgency when you file your petition. If you’re unsure which option fits your situation, submit the petition for both. 

Emergency (ex-parte) ERPO 

This is for situations where there is an immediate safety concern. A judge can issue this order quickly, often without the person present and lasts for up to 14 days.

Long‑term (final) ERPO 

This lasts longer but requires a court hearing (usually within 14 days) where the respondent has the opportunity to participate.

The judge may either approve or deny your emergency ERPO petition at this stage. If your ERPO request is approved, law enforcement will be notified.

If you requested a long-term ERPO, a final hearing will be scheduled. It is important to continue gathering evidence and to appear at the hearing.

If an emergency ERPO is issued, law enforcement will serve the order and will take their firearms. 

If a long-term ERPO is requested, law enforcement will notify the person of their upcoming hearing. 

If a long-term ERPO was requested, the person has a chance to speak and present their side at the final hearing.

The judge reviews all information and decides whether to grant or deny the ERPO. If a long-term ERPO is issued and the person has not already surrendered their firearms, they must do so within 24 hours. A long-term ERPO usually lasts six to 12 months. 

Early terminations

The person can ask the court to end the firearm prohibition early. This will require a hearing with a judge.

Renewals

A judge may choose to renew the ERPO if a longer prohibition is needed. This will also require a hearing with a judge.

Firearms are returned to the person when an ERPO expires, a long-term ERPO is denied or a judge orders an early end to the order. A judge will confirm the person is legally allowed to have firearms before they are returned.