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Extreme Risk Protection Order (ERPO)

Extreme Risk Protection Order (ERPO)

Extreme Risk Protection Order (ERPO)

In May 2023, Michigan passed multiple firearm safety laws to protect our communities from gun violence. Among these new laws was one allowing Michigan courts to issue “Extreme Risk Protection Orders” (ERPOs). These orders let civil courts temporarily prevent people at risk of harming themselves or others from possessing or buying guns.

ERPOs, available in states with so-called Red Flag Laws, are a tool to prevent gun violence like mass shootings. They can also help prevent suicide attempts, gun injuries and gun deaths. Michigan residents are encouraged to learn about our state’s ERPO process. This will allow them to protect themselves and their loved ones in case of an emergency.

The person the ERPO is given to is called the Respondent. The person asking the Court for an ERPO is called the Petitioner.

Who can file for an ERPO?

There have been hundreds of ERPOs issued in Michigan since the law’s passage. Most of them were issued because law enforcement asked for them. But that doesn’t mean you have to be a police officer to request an ERPO.

  • Families and Household Members

    Michigan law allows families and household members to ask the court for an ERPO. This includes:

    • Current or former spouses;
    • Someone who has a child in common with the respondent;
    • Someone who has a dating relationship with the respondent;
    • Someone who had a dating relationship with the respondent in the past;
    • Someone who lives in the same household as the respondent;
    • Someone who lived in the same household as the respondent in the past;
    • Other close family members, such as a parent, son, daughter, sibling, grandparent, aunt or uncle; and
    • Legal guardians of the respondent.

  • Healthcare Providers

    In Michigan, those in the healthcare field who are allowed to file for an ERPO include:

    • Physicians;
    • Physician Assistants;
    • Nurse Practitioners; and
    • Licensed Mental Health Workers.
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How do you file an ERPO?

Petitioners for ERPOs must fill out a complaint (PDF) and file it with the Family Division of their circuit court.

Residents should call their local police if they need to file an Emergency Ex Parte ERPO in dangerous situations. This order is used when someone may soon harm themselves or others. The person will not be told about the request. The court will review it quickly without a hearing.

ERPOs can be enforced once they are signed by the judge and given to the respondent.

ERPO Complaint Form (PDF)

What will your ERPO do?

  • A respondent does not need to currently own a gun for an ERPO to be requested. An active ERPO will let law enforcement take any guns the person currently has in their possession. It will also stop the respondent from legally obtaining a firearm for up to one year. The ERPO can be extended one or more times by either the petitioner or the court. Extensions are effective for one year after the previous order expires.

    The respondent is permitted to request a hearing to provide evidence for why the ERPO is no longer necessary. This can only happen once during the first six months the order is in effect. The respondent can request another hearing during the second six months. The respondent has the right to request a hearing within seven days of being served if the court issues an ERPO Ex Parte.

    ERPOs are just one of the many tools available to improve public safety and protect our residents from gun violence. Find contact information for your county’s local advocacy organization to put together a comprehensive safety plan.

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