What an order is
An Extreme Risk Protective Order (ERPO) is a civil court order. It is not a criminal charge [8]. In court papers, the person you are worried about is called the respondent. The person who asks for the order is the petitioner.
- Make the person hand over all guns and ammunition to police
- Stop them from buying or having guns while the order lasts
- Lead the court to send the person for an emergency mental health evaluation, in some cases
- Order the person to stop threats or abuse
- Order them to stay away from your home, work or school
- Order them not to contact you
Source: Maryland Judiciary [8]
Who can file
Maryland law lists who can ask for an order [8][1]:
- A spouse
- Someone who lives with the person
- A relative by blood, marriage or adoption
- Someone who has a child with the person
- A current dating or intimate partner
- A current or former legal guardian
- A law enforcement officer
- Certain health professionals who have examined the person
Friends, neighbors and coworkers are not on the list. If that is you, talk to the police or to someone in the person’s family.
A petition can be filed about any person, including someone under 18 [10].
The steps
Fill out the petition
Describe what the person has said and done, and what guns they have and where. You sign it under penalty of perjury, which means you swear it is true [8]. Our Petition Builder fills in the official forms.
File it at District Court
Give it to the clerk when the courthouse is open. When it is closed, give it to a District Court commissioner. Commissioners are available 24 hours a day [8][11]. There are no fees [10]. A commissioner can issue a short “interim” order right away.
The temporary hearing
You tell a judge what you know. The person may not be there yet. The judge can issue a temporary order if there are reasonable grounds to believe the person is an immediate and present danger with a gun [8][4]. Police then give the person the order and collect the guns.
You may have to come to court for both hearings [9]. See Going to Court for what to expect.
How long it lasts
| Order | Who decides | How long |
|---|---|---|
| Interim | A commissioner, when the courthouse is closed | Until the temporary hearing, usually no more than two business days |
| Temporary | A judge | Until the final hearing. No more than six months. |
| Final | A judge, after hearing both sides | Up to one year. A judge can add six more months for good cause after another hearing. |
Source: Maryland Judiciary [8]. Either side can appeal the judge’s decision.
What happens to the guns
Police serve the order and take the guns and ammunition. They give the person a receipt and must store the guns safely [7].
The guns are not taken forever. When the order ends, the police tell the person they can ask for their guns back. The police check that the person is still allowed by law to have guns, and then return them [8].
Breaking an order is a crime that can lead to arrest, a fine or jail [8].
Privacy and your safety
- The person will know you filed. They get a copy of the petition. You do not have to write your address on it if that would put you at risk [9].
- Court records are confidential. ERPO records are not open to the public [2].
- You are protected if you file honestly. A person who files in good faith cannot be sued or charged for filing [9].
- What you type on this site stays with you. It never leaves your browser.
If you need protection for yourself
An ERPO only deals with guns. It does not order the person to stay away from you. If you are afraid for your own safety or your family’s, a protective order or peace order can order the person to stay away and stop contact. The District Court clerk or a commissioner can tell you how to ask for one [8].
- National Domestic Violence Hotline: 1-800-799-SAFE (7233)
- Maryland Network Against Domestic Violence: 301-429-3601
- District Court Self-Help Resource Center, for questions about court: 410-260-1392
From the Judiciary’s ERPO brochure [8]. For a suicidal crisis, call or text 988.
Common questions
Do I need a lawyer?
No. It is your choice. If you want one, contact them early so they have time to prepare [8].
Does it cost anything?
No. There are no fees to file [10].
Will this give them a criminal record?
No. An ERPO is a civil order, not a criminal charge [8]. Only breaking the order is a crime.
What if they do not have a gun yet?
An order also stops the person from buying a gun [8]. Tell the court why you think they may get one.
What if I am not sure it is serious enough?
You do not have to be sure. You describe what you saw and heard, and the judge decides. Look at the warning signs, or call 988 to talk it through with a trained counselor.
What if the judge says no?
That can happen. The judge has to follow the law and be fair to both sides. You can still use other ways to make things safer, and you can talk to the police or to the person’s doctor or therapist.
What if I do not want to be the one who files?
You can ask the police, or a clinician who has examined the person, to file. See how to ask.
Watch
Official information
Court forms and rules change from time to time. The Maryland Judiciary’s page always has the current ones.
- Extreme Risk Protective OrdersMaryland JudiciaryThe official page, with forms and court locations.
- How to File for an ERPO (brochure)Maryland JudiciaryThe court’s own short guide for the public (PDF).
- Extreme Risk Protective OrdersMaryland People’s Law LibraryA legal guide written for the public.
- Commissioner locationsMaryland JudiciaryWhere to file when the courthouse is closed.
Have you, or someone you love, been under an ERPO?
If you are under an Extreme Risk Protective Order now, have been in the past, or a loved one has, researchers would like to hear about your experience.
- About an hour
- Can be done virtually
- Compensated
- Private and confidential