Extreme Risk Protective Orders (ERPO) in Maryland
FrizWoods represents respondents in Maryland Extreme Risk Protective Order proceedings. An ERPO is a firearm-focused civil order that can require surrender of firearms and ammunition and prohibit their purchase or possession.
An ERPO is different from a protective order or peace order. The ERPO statute does not create no-contact, stay-away, custody, or housing relief. Its central issue is whether the respondent may possess firearms and ammunition.
Call (877) 343-1031 or request a free consultation to discuss a petition, existing order, firearm surrender, or upcoming hearing.
Who may file an ERPO petition?
Under Public Safety Section 5-601(e), an ERPO petitioner may be:
- A listed health professional or health officer who examined the respondent
- A law enforcement officer
- The respondent's spouse
- The respondent's cohabitant
- A person related to the respondent by blood, marriage, or adoption
- A person who has a child in common with the respondent
- A current dating or intimate partner
- A current or former legal guardian of the respondent
FrizWoods's ERPO representation is focused on respondents.
What must an ERPO petition address?
Public Safety Section 5-602 requires a sworn petition alleging that the respondent poses an immediate and present danger of causing personal injury to the respondent, the petitioner, or another by possessing a firearm. The petition must state specific supporting facts and the basis for the petitioner's knowledge.
The statute identifies information that may support a petition, including:
- Unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm
- An act or threat of violence, whether or not a firearm was involved
- A protective-order or peace-order violation
- Abuse of alcohol or a controlled dangerous substance
- The number, type, and location of firearms the petitioner believes the respondent possesses
Court records concerning ERPO petitions are confidential, subject to the access provisions in Section 5-602(c).
How an ERPO case may proceed
Not every ERPO case passes through every stage. A petition may be filed directly with the District Court. A petitioner may use a District Court commissioner only when the District Court clerk's office is closed.
An interim ERPO may issue
When a petition is filed with a commissioner, Public Safety Section 5-603 allows the commissioner to issue an interim ERPO on reasonable grounds to believe that the respondent poses an immediate and present danger of causing personal injury to the respondent, petitioner, or another by possessing a firearm.
A temporary ERPO may issue
After a hearing, Public Safety Section 5-604 allows a judge to issue a temporary ERPO on reasonable grounds to believe that the respondent poses the same immediate and present danger by possessing a firearm.
Section 5-604 also allows a judge to proceed directly to a final hearing instead of a temporary hearing when the court has personal jurisdiction over the respondent and the petitioner and respondent expressly consent to waive the temporary hearing.
A final ERPO may issue
At the final hearing, Public Safety Section 5-605(c) requires clear and convincing evidence that the respondent poses a danger of causing personal injury to the respondent, petitioner, or another by possessing a firearm. The judge must consider all relevant evidence presented by both sides and how much time has passed since the events described in the petition.
A final ERPO may last for the period stated in the order, up to one year. Public Safety Section 5-606 permits a six-month extension for good cause after notice and a hearing.
Firearms, ammunition, and surrender
An interim, temporary, or final ERPO requires the respondent to surrender firearms and ammunition in the respondent's possession to law enforcement. It also prohibits the respondent from purchasing or possessing firearms or ammunition while the order is in effect.
Law enforcement must provide a receipt for surrendered or seized items. Public Safety Section 5-608 governs storage, return, transfer, and destruction after an order expires or is terminated. A separate search warrant may be available under Section 5-607 when there is probable cause to believe a respondent failed to surrender a firearm.
Emergency-evaluation referrals
The ERPO statute separately addresses emergency-evaluation referrals:
- At the commissioner stage, probable cause requires referral to law enforcement for a determination of whether the respondent should be taken for an emergency evaluation.
- At the temporary stage, a judge who finds probable cause must refer the respondent for emergency evaluation.
- At the final stage, a judge who finds probable cause may refer the respondent for emergency evaluation.
These referrals are separate from the firearm-possession findings required for the ERPO itself.
Consequences of violating an ERPO
Under Public Safety Section 5-609 and Section 5-610, violating an interim, temporary, or final ERPO is a misdemeanor. A first offense carries up to 90 days of imprisonment, a fine up to $1,000, or both. A second or later offense carries up to one year, a fine up to $2,500, or both.
A law enforcement officer must arrest a person, with or without a warrant, when the officer has probable cause to believe the person is violating an ERPO that is in effect. Temporary and final orders must also warn that a violation may result in a finding of contempt.
ERPO Hearing Representation
FrizWoods can help an ERPO respondent:
- Review the petition, interim or temporary order, hearing notice, and claimed firearm information
- Build a timeline and compare allegations with complete messages, records, and witness accounts
- Identify evidence addressing the claimed danger and the time elapsed since the events
- Prepare exhibits, witnesses, testimony, and cross-examination
- Address firearm and ammunition surrender, receipts, ownership, storage, and return procedures
- Prepare for a temporary or final hearing
- Evaluate modification, rescission, extension, or appeal options
What to bring to an ERPO consultation
Bring or send:
- The petition, every order, and the hearing notice
- Proof of service
- A complete list of firearms and ammunition identified in the petition or surrendered
- Any law-enforcement receipt
- Complete communications, photographs, videos, medical or treatment records in your possession, and other relevant documents
- A dated timeline
- Witness names and what each witness personally observed
- Information about ownership claims involving another person
Follow the order while it remains in effect. Do not possess or purchase firearms or ammunition contrary to the order.
Related proceedings
- Maryland protective orders
- Maryland peace orders
- Maryland gun and firearm charges
- Illegal firearm possession
Talk with a Maryland ERPO lawyer
If you have been served with an ERPO petition or order, early preparation matters. Call (877) 343-1031 or use the confidential consultation form to discuss the hearing and firearm-surrender issues with FrizWoods.