Skip to main content

Extreme Risk Protection Orders (ERPOs)

An ERPO allows families and law enforcement to petition a judge to temporarily restrict access to firearms using a civil court order. An ERPO is one way to protect someone you are concerned about from harming themselves or others with firearms.

What is an Extreme Risk Protection Order?

Extreme Risk Protection Orders (ERPOs) are a type of civil protection order designed to reduce firearm-related harm by temporarily restricting firearm access for individuals exhibiting behaviors indicating that they are at significant risk of harm to themself or others.

An ERPO requires the respondent (the person at risk) to immediately relinquish all firearms in their custody, control, or possession, as well as any concealed pistol license, and prohibits them from having in their custody or control, accessing, possessing, purchasing, receiving, or attempting to purchase or receive a firearm, or having a concealed pistol license, for the duration of the order.

For information about the use of ERPOs in Washington State visit the Washington State ERPO Dashboard.

When should I consider an ERPO?

If you notice concerning changes in behavior, or concerning behavior in general, in someone who poses a threat to themselves and/or others, you should consider an ERPO. ERPOs empower family members or law enforcement to get a court order to temporarily secure firearms from the person at risk of causing harm and prevent them from acquiring others. ERPOs may also be helpful when there is intimate partner violence but specific criteria for a domestic violence protection order may not be met. For more information regarding the differences between ERPOs and domestic violence protection orders, see this chart.

Who can file for an ERPO?

To file for an ERPO, petitioners must be 18+ and connected to the respondent in one of the following ways:

  • Current or former spouse or domestic partner
  • Current or former co-habitant as an intimate partner
  • Current or former dating partner
  • Parent or child
  • Stepparent or stepchild
  • Blood relation, other than parent and child
  • In-laws
  • Current or former roommates
  • Current or former legal guardians
  • Law enforcement officers or agencies. Law enforcement must make a good faith effort to notify the respondent’s intimate partner, family or household member, or other third party at risk of violence about the petition and provide resource referrals. Learn more about role of law enforcement.

What is the process for an ERPO?

There are generally two important steps to the ERPO process:

  • Petitioning for a temporary (ex parte) order: An eligible person files a petition with the court detailing why they believe the other person is an imminent danger to self or others.  A judge will review the petition and determine whether it meets the legal sufficiency to enter a temporary ERPO right away, that will be in place for up to 14 days. Then, law enforcement will serve the ERPO on the respondent so they know what has been alleged and when to appear in court to address the allegations.
  • Full order hearing: At the 14-day hearing, the judge will hear testimony and evidence from both parties and will decide if there is a sufficient legal basis to enter an ERPO that will last for one year.

*If you are asking for a temporary ERPO, you will need to write a statement under penalty of perjury that includes all of the things the other party has done that lead you to believe they are an imminent danger to themselves or others.  The restrained party will be served with this information so they have the opportunity to respond to it at the full hearing.

What do I do if I've just been served with an ERPO?

If you are a respondent to an Extreme Risk Protection Order (ERPO) in Washington State, review our respondent page for more information on the rights and responsibilities of respondents in the protection order process.

See all FAQs

The Filing Process

1. Complete and file ERPO petition. The Washington State Extreme Risk Protection Order petition can be found here and instructions for an ERPO petition are here. Contact your local courts for more information about filing in your jurisdiction. Visit our statement writing tips for guidance on the type of information to include as you file.
2. Go to “Ex Parte” hearing for temporary orders. If you file a petition for a temporary ERPO, a judge will review your petition to determine if there is a legal basis to enter a temporary ERPO. The judge may want to ask you questions while considering your petition. It is important to be available and ready to answer any questions the court may have. If the judge finds a sufficient legal basis, the court will enter the order and set a court date no later than 14 days from the date of issuance to decide whether a full order should be issued.

  • Between the initial hearing for the temporary order and the full hearing court date, county clerks will send send out a service packet to the law enforcement agency identified on the Temporary Extreme Risk Protection Order or notice of hearing.
  • Law enforcement will serve the respondent a protection order packet, remove their firearms and concealed pistol license, and the respondent will be entered into the background check system as a prohibited person to prevent purchasing firearms as long as the order is in effect.
3. Attend hearing(s) and provide testimony. It’s important to be prepared for testimony, both emotionally and physically. You may need to attend multiple hearings, and the respondent may be present in the courtroom. Remote hearings are available in many jurisdictions, and courts are required to grant a request for a remote appearance unless the court finds good cause to require in-person attendance or attendance through a specific means. RCW 7.105.205 section (2) Talk to a lawyer advocate for more information.
4. Judicial officer ruling. After considering all evidence and testimony, the judge will determine whether there is a legal basis to enter a full ERPO (one year) or not. Before issuing a ruling, the court must have proof that the respondent was served and had the opportunity to appear.
5. Law enforcement removes the firearms (if not already removed upon service of the temporary ERPO). Once the ERPO has been granted by a judge, law enforcement will request that the respondent immediately turn over any and all firearms and concealed pistol licenses at the time of service. If not served by law enforcement because the respondent appeared at the full ERPO hearing, the respondent must turn them in on the same day as the full hearing.
6. Renew the order (if necessary) Up to 90 days before the ERPO expires, the petitioner has the option to renew the order by filing a petition to renew the ERPO, demonstrating their ongoing concerns about the restrained person should they have access to firearms. The restrained person is served with the petition to renew and will be informed of the hearing date for the renewal.
7. ERPO expiration: If no Renewal action is filed, or the court denies the request for a renewal, the ERPO will automatically expire on the order’s expiration date. At that time, the respondent may request their property back from the law enforcement agency holding it. It is important for the respondent to contact the law enforcement agency to follow their procedure for having property returned. Law enforcement will conduct a new background check to determine if there are any other state or federal prohibitions of firearm possession and if not, the agency will return the property.
8. Notification of Release of Firearms: A law enforcement agency must provide notice of the return of a firearm to any family/household member or intimate partner ERPO petitioners. Please review RCW 9.41.340 for more information and be sure to share updated contact information with the law enforcement agency storing the restrained person/s property.

Additional Resources

988 Suicide & Crisis Lifeline

If you or a friend are experiencing thoughts of suicide, 988 can support you in your immediate crisis, and connect you with follow-up resources. Open 24/7, available in English and Spanish.

Call or Text 988 for the Suicide and Crisis Lifeline

Visit website

SAMHSA Help Line

For families facing mental and/or substance abuse disorders, call 1-800-662-HELP (4357) or visit SAMHSA’s website.

Visit website

University of Washington Firearm Injury & Policy Research Program

The University of Washington’s Firearm Injury & Policy Program conducts interdisciplinary research alongside community partners to prevent firearm-related harm.

Visit website

Washington State ERPO Dashboard

For detailed information about the use of ERPOs in Washington State since the law took effect, view the University of Washington’s Firearm Injury & Policy Program’s interactive dashboard.

Visit website

More Information

For more information about protection orders, visit our Resources or FAQs.

ResourcesFAQs

If you are experiencing a life threatening emergency:

Call 911 or

Call/Text 988 for the Suicide and Crisis Lifeline

Your safety is our priority. If you need to leave this site quickly, click the red "Exit" button at the top right of your screen. This will immediately redirect you to Google.com to help protect your privacy.

After using the Exit button, remember to clear your browser history and your cache to ensure your visit remains private. Consider using a public or friend’s computer for safer access.

Internet usage can be monitored and is impossible to erase completely. If you have concerns about internet safety, call the National Domestic Violence Hotline at 800.799.SAFE (7233).