Extreme Risk Protection Orders (ERPO)

The person requesting an ERPO is the petitioner.  A petition may be filed by a: 

• spouse;
• household members/roommates;
• family member by blood, marriage, or adoption;
• person with child(ren) in common; 
• current dating or intimate partner; 
• current or former legal guardian;
• law enforcement officer; 
• medical and mental health professionals who have examined the respondent (this includes a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage or family therapist, or health officer or designee of a health officer who has examined the individual).

A person who poses an immediate and present danger of causing personal injury to self or others by having firearms.  The person who is alleged to be a danger is called the respondent.

• Factors demonstrating possible risk include: 
• alarming behavior and statements;
• unlawful firearm possession;
• reckless or negligent firearm use;
• violence or threats of violence to self or others;
• violating peace or protective orders;
• drug and/or alcohol abuse; and/or
• information contained in health records.

An Extreme Risk Protective Order can be filed against a minor.   

Step 1: Complete the petition and addendum forms

• Obtain a Petition for Extreme Risk Protective Order (DC-ERPO-001) and both addendum forms (Description of Respondent DC-ERPO-001A and Summary of Respondent's Behavior & Mental Health History DC-ERPO-001B) from a District Court clerk or commissioner, or online at: mdcourts.gov/district/forms.
• State specifically how the respondent presents an immediate and present danger of hurting himself/herself, you, or others if he/she has a firearm. 
• Describe the respondent's behaviors and any statements made about hurting himself/herself or others.
• State that the respondent possesses firearms; provide a description and the location for each firearm.
• Sign the petition. By signing, you are stating under the penalties of perjury the information is true.
• A petitioner who, in good faith, files a Petition for Extreme Risk Protective Order is not civilly or criminally liable for filing the petition.  

Step 2: File the petition

• File the Petition for Extreme Risk Protective Order and addendum forms in District Court.
• When the clerk's office is open, file the petition with a District Court clerk.
• If the clerk's office is closed, file with a District Court commissioner.  
• Visit mdcourts.gov/district/directories/commissionermap for commissioner locations and mdcourts.gov/district/directories/courtmap for court locations.

 Step 3: Appear for a temporary hearing

• The judge may issue a temporary order if he/she reasonably believes the respondent, by having firearms, poses an immediate and present danger of causing injury to himself/herself, you, or others. 
• The judge may hold a final hearing instead of a temporary hearing if: 
  • (a) the respondent appears at the hearing; (b) the respondent has been served with an interim extreme risk protective order; or (c) the court otherwise has personal jurisdiction over the respondent; and
  • the petitioner and the respondent expressly consent to waive the temporary extreme risk protective order hearing. 
• If court is closed unexpectedly, hearing will be held on the next day on which the court is open.  

Step 4: Appear for a final hearing

• Usually, the court will schedule a hearing within seven (7) days after the respondent is served the Temporary ERPO.
• The judge may hold the final hearing with or without the respondent being present if the respondent has been served.  A final hearing may not be held without service on the respondent. 
• The Final ERPO period can be as long as one (1) year. 
• The court can extend the Final ERPO for an additional six (6) months (for good cause) after notifying the parties and holding a subsequent hearing.
• If the court is closed unexpectedly, the hearing will be held on the second day on which the court is open.   

For more information on how to apply for an EPRO, go to MDcourts.gov/district/ERPO.

If the judge determines that the respondent poses a danger to themselves or others, the court will issue an ex parte ERPO that will be in effect for up to 7 days. This temporary order allows police to remove any guns prior to a full court hearing. 

Police will then contact the respondent to retrieve any firearms and ammunition. If necessary, a search warrant can be issued. Please note that the police will provide copies of both the original petition as well as the temporary order to the subject of the ERPO.

A full hearing will then be held within 7 days. During the full hearing, both the petitioner (person who submitted the form) and the respondent (person who poses a potential danger) can present evidence about the respondent’s risk level. The court will then decide whether to issue a longer-term ERPO (“final order”) of up to one year. If the court is undecided on whether to issue a final order, the temporary order may be renewed.

• An Interim ERPO usually lasts until the Temporary ERPO hearing, but not beyond the second business day after issued unless the court is unexpectedly closed. 
• A Temporary ERPO lasts until the Final ERPO hearing, but not beyond six (6) months.

If a final order is granted, and police have not yet removed the firearms and ammunition, police will now seize them. 

Anyone who peaceably surrenders firearms or ammunition in response to an ERPO cannot be arrested or prosecuted for unlawful possession. However, they will not have immunity from any crimes linked to those weapons.

A Final ERPO may remain in effect for as long as one (1) year.  The court for good cause may extend the term of the order for an additional six (6) months after a subsequent hearing.

ERPO: Extreme Risk Protection Order; a DC Superior Court order that allows for the immediate removal of firearms, ammunition, and related licenses or registration from someone who poses a potential and significant risk to themselves or others.

Petition: a request form submitted to the court.

Petitioner: the individual who fills out, signs, and files the petition.

Respondent: the person named in the petition as posing a danger to themselves or others.

Temporary ERPO: A ERPO in effect for up to 7 days that allows the removal of firearms and related materials prior to a full court hearing.

Final Order: an ERPO that is granted at or after a full court hearing in which the petitioner and respondent both have the opportunity to present evidence; in effect for up to one year.

Learn more about ERPOs here.

Maryland Safe Storage Map

• Petition for ERPO (DC-ERPO-001)
• ERPO Addendum - Respondent Description (DC-ERPO-001A)
• ERPO Addendum - Respondent Behavior & Mental Health History (DC-ERPO-001B)
• Petition to Modify/Rescind/Extend ERPO (CC-DC-ERPO-006)

What are the fees/costs associated with Extreme Risk Protective Order filings? 

There are no filing fees or service fees for Extreme Risk Protective Orders.  Additionally, there is no fee to file an appeal.

Do I need an attorney?

It is your decision.  If you decide to consult/hire an attorney, make contact as soon as possible to allow the attorney enough preparation time to assist you.

What if either side disagrees with the judge's decision?  Can an appeal be filed?

• Either party may appeal a District Court judge's decision to either grant or deny an ERPO.
• File an appeal with the District Court in the county where the petition was decided.
• The District Court judgment remains in effect until superseded by a judgment of the Circuit Court. 

Can an Extreme Risk Protective Order be modified, rescinded, or extended?

Yes, a judge may modify, rescind, or extend an Extreme Risk Protective Order after a hearing on a Petition to Modify/Rescind/Extend Extreme Risk Protective Order (CC-DC-ERPO-006). 

What happens if the respondent violates the order?

Violating an order is a crime that may result in a finding of contempt, arrest, criminal prosecution, imprisonment, and/or fine. The respondent can be arrested with or without a warrant if a law enforcement officer has probable cause.

What does the respondent need to do if ordered to surrender firearms and ammunition?

• If a law enforcement officer serves the respondent personally with the Extreme Risk Protective Order, the respondent must immediately surrender all firearms to the officer. 
• If the respondent receives the Extreme Risk Protective Order by mail, the respondent must contact the law enforcement agency designated in the order and arrange for the immediate surrender of all firearms and ammunition in their possession.  The following steps must be followed to transport a firearm to surrender it: 
  • Notify the law enforcement unit, barracks, or station that the firearm is being transported in accordance with the Extreme Risk Protective Order;
  • Make sure the firearm is unloaded;
  • Transport the firearm directly to the law enforcement unit, barracks, or station; and
  • Carry a copy of the Extreme Risk Protective Order that requires the surrender of any firearm when transporting the firearm to the appropriate authorities.

The respondent must comply with the law enforcement agency's delivery instructions. Each firearm and ammunition must be surrendered IMMEDIATELY to the designated law enforcement agency for the county or city where the Extreme Risk Protective Order was issued. Contact information for the designated law enforcement agency will be included with the order.

How and when does a respondent get their firearms and ammunition back?

When the ERPO ends, the custodial law enforcement agency:

• notifies the respondent that he/she may request return of firearms/ammunition;
• verifies the respondent is not otherwise prohibited from possessing firearms/ammunition if the respondent submits a request for the return of the firearms/ammunition; and 
• returns the respondent's firearms/ammunition no later than: 
  • 14 days after the expiration of an Interim or Temporary ERPO;
  • 14 days after a court terminates a Final ERPO; or
  • 48 hours after the expiration of a Final ERPO.

Are court records relating to an Extreme Risk Protective Order confidential? 

• All court records relating to an Extreme Risk Protective Order are confidential and the contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause. A reference to the court record will not be included on the Judiciary's Case Search.   
• However, the following parties do have access:
  • personnel of the court;
  • the respondent or counsel for the respondent;
  • authorized personnel of the Maryland Department of Health;
  • authorized personnel of a local core service agency or local behavioral health authority;
  • law enforcement agencies; 
  • a person authorized by a court order for good cause shown.

What an Extreme Risk Protective Order CANNOT do

An ERPO cannot order a person to:

• stop threatening or committing abuse;
• stay away from your home, place of employment, or school;
• have no contact with you or others.

There are other legal remedies to obtain these protections. 

If you need protection for yourself or a family member, see the "How to File for a Peace or Protective Order" Brochure (CC-DC-DV-PO-001BR).

An ERPO is a civil order and not a criminal charge.  See a District Court commissioner or a State's Attorney to file criminal charges.