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Maryland Extreme Risk Protective Order GuideFor families and loved ones Crisis: 988
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The hearings

Going to court

Most people have never spoken to a judge. Here is what to expect, what to bring, and how to explain what you have seen so the judge can understand the situation.

$0
No fees to file
Maryland Judiciary [10]
2 hearings
Usually a temporary hearing first, then a final hearing
Maryland Judiciary [8]
7 days
The final hearing is usually within 7 days after the person gets the temporary order
Maryland Judiciary [8]
1 year
The longest a final order can last, unless a judge extends it by 6 months
Maryland Judiciary [8]
What to expect

The two hearings

First

Temporary hearing

You tell the judge what you wrote in the petition and answer questions. The person may not be there. If the judge finds reasonable grounds to believe the person is an immediate and present danger with a gun, the judge can issue a temporary order [4].

Usually within 7 days

Final hearing

The person has the right to be there, to tell their side, and to have a lawyer. The judge listens to both of you. A final order needs “clear and convincing evidence,” which is a high level of proof [5].

After

If an order is issued

Police serve it and collect the guns. Write down the date the order ends. If you still believe there is danger near that date, you can ask the court to extend it before it runs out [6].

The judge’s jobThe judge has to follow the law and be fair to both sides. Taking away someone’s guns, even for a while, is a serious step, and the judge will want solid facts. Careful questions are part of the job. They do not mean the judge doubts you.
What to bring
  • A copy of your petition and any extra pages
  • A photo ID
  • Your notes, with dates
  • Texts, voicemails, photos or posts that show what happened
  • What you know about the guns: kind, number, where they are
  • Anyone else who saw or heard what happened, if they are willing to come
This is not legal adviceFor questions about court rules or your case, call the District Court Self-Help Resource Center at 410-260-1392 [8]. Whether to hire a lawyer is your choice.
Speaking in court

To help the judge understand the situation

The judge only knows what is on paper and what is said in the courtroom. Clear, honest facts are the most useful thing you can give.

Tell the truth, all of it

You are under oath. Say what happened without making it bigger or smaller. If something has improved, say so. If you do not know, say “I don’t know.”

Be specific

Use the person’s exact words. Give dates and places. Explain where the guns are. Plain words are best. You do not need legal or medical terms.

Be respectful

Call the judge “Your Honor.” Listen to each question and answer just that question. Speak about your loved one with care. You are there because you want them safe.

Be ready

Questions the judge may ask

Every case is different, and these are only examples. Thinking about them ahead of time can help you give clear answers.

What did you see or hear yourself?

How to answer: Start with what you saw and heard firsthand. Then say what other people told you, and who they are. If someone else saw it, ask them to come with you.

Why it comes up: The petition has to explain how you know what you say you know. [2]

When did this happen?

How to answer: Give the date of each event as best you can, and say what happened most recently. If things are still going on, such as daily drinking or new threats, say so.

Why it comes up: The law tells the judge to consider how much time has passed since the events. [3][4][5]

Does the person have a gun right now?

How to answer: Say what you know: what kind, how many, where they are kept, and how you know. If you are not sure, say that. If the person has talked about getting a gun or tried to buy one, tell the judge.

Why it comes up: An order covers buying guns as well as having them. Research shows the risk of suicide by gun is highest right after a person gets one. [8][22][23]

Are the guns locked up?

How to answer: Describe how the guns are stored and who has the key or the combination. If the person can open the safe themselves, say so.

Why it comes up: Locked and unloaded storage is linked to lower risk. The judge may want to know whether the person can open the lock. [31][32]

The person says they are fine now. What do you say to that?

How to answer: Do not argue with them. Tell the judge what you saw and heard and when. It is fair to say if things have gotten better.

Why it comes up: People in crisis do not always say how they feel. In one study of hospital patients who died by suicide, most had denied suicidal thoughts the last time they spoke with staff. [27]

They were just released from the hospital. Doesn’t that mean they are safe?

How to answer: Tell the judge what you have seen since they came home, and whether the guns are still in the house.

Why it comes up: Leaving the hospital means a person no longer needs round-the-clock care. Studies find the first weeks at home are a time of high suicide risk. [28]

Could the family just hold on to the guns?

How to answer: Answer honestly. If you asked and the person said no, say so. If you have not asked, say that too. Sometimes a family plan is enough, and the judge may want to know why it would not work here.

Why it comes up: An order is one of several options. See More Ways to Stay Safe for the others.

If the judge says no

The judge may decide the law’s standard was not met. That is not a judgment of you. You can still talk with the police or the person’s doctor, and use other safety steps.

More ways to stay safe

Look after the person

An order takes the guns away for a time. It does not treat what is wrong. Help your loved one get care, and call or text 988 any time for support.

Call 988

Look after yourself

This is hard on families. 988 is for worried family members too. If you fear for your own safety, read about protective orders.

If you need protection