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Extreme Risk Protection Order (ERPO)

In Washington State, an ERPO is a court order that temporarily suspends a person’s access to firearms if there is evidence that the person poses a threat to themselves and/or others. If you or someone you know is in engaging in behaviors that pose a significant danger of harm to self or others, an ERPO may be right for you.

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Safety Planning around Guns and Firearms

When filing for a protection order, consider creating a safety plan to help lower your risk or exposure to harm. The National Domestic Violence Hotline has helpful guidance for safety planning around guns and firearms.

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What is an Extreme Risk Protection Order?

ERPOs allow family, household members, or law enforcement to obtain a court order temporarily removing firearms from the restrained person, when there is demonstrated evidence that the person poses a significant danger, regardless of whether they have a firearm or not. A person with an ERPO cannot purchase or possess guns while the order is in place.

There are generally two important steps to the ERPO process:

  • Petitioning for a temporary 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 for up to 14 days.  Once signed, law enforcement will serve the ERPO on the restrained person 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 last for one year.

*If you are asking for an ex parte/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.

When should I consider an ERPO?

If you notice concerning changes in or concerning behavior in general, ERPOs empower family members or law enforcement to get a court order to secure firearms from individuals who pose a threat to themselves and/or others. They are also useful in situations where someone feels threatened by their dating partner but doesn’t qualify for domestic violence prevention laws because they don’t reside together.

What does an ERPO do?

An ERPO prohibits the restrained person from owning, possessing, accessing, receiving, purchasing or controlling a firearm or concealed pistol license. The restrained person must turn in to the law enforcement, any and all firearms and concealed pistol licenses. This is an important intervention tool for anyone concerned that a family or household member may pose a threat to themselves and/or others.

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

If you are a respondent to an Extreme Risk Protection Order (ERPO) in Washington State, the response needs and considerations are somewhat different from those related to other types of protection orders. An ERPO is specifically designed to temporarily restrict a person’s access to firearms if they are deemed to pose a significant risk to themselves or others. It is important to surrender all firearms and dangerous weapons to law enforcement. Review our respondent page for more information on the protection order process.

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The Filing Process

1. Consider creating a safety plan. Before filing, consider creating a safety plan to help mitigate potential risks of filing. A safety plan is an individualized, survivor-informed plan, focused on identifying risks and thinking through how to best mitigate them. Safety planning before, during and after filing a protection order is important to try to help deter retaliatory violence or harm.
2. Complete and file ERPO forms. Washington State Extreme Risk Protection Order forms can be found 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.
3. 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.

  • Between the ex parte hearing 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
4. 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. Here are some helpful tips to prepare for hearing and testimony.
5. 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.
6. 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 restrained person appeared at the full ERPO hearing the respondent must turn them in on the same day as the full hearing.
7. 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.
8. 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 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, will return the property.
9. 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.

More Information

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

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