Fill and Sign the Extreme Risk Protection Orders Policeseattlegov Form

What can an Extreme Risk Protection Order do? An Extreme Risk Protection Order directs a person to surrender their firearms. It would be illegal to access, receive, purchase , possess , or have control of firearms. It restrains the person from obtaining a concealed pistol license and orders them to surrender a license if they already have one. Who is it filed against? A person who poses a significant danger of causing personal injury to self or others in the near future by having firearms. Factors that demonstrate such a risk can include threatening or violent behavior, threats of self -harm, and abuse of drugs or alcohol. The person who is alleged to be dangerous is called the respondent . Who can request the order? A petition can be filed by a law enf orcement agency, a law enforcement officer, or a person who is a family or household member of the respondent. The agency or person filing the case is called the petitioner . Family or household members include:  Persons related by blood, marriage, or adop tion  Dating partners  Persons who have a child in common  Persons who reside or have resided with the respondent within the past year  Domestic partners  Persons who have a biological or legal parent -child relationship, including stepparents and stepchildren, and grandparents and grandchildren  A person who is acting or has acted as the respondent’s legal guardian Where can I get forms? You can download forms from www.courts.wa.gov/forms or get them from the court clerk’s office. Resources: For more information go to: http://protectionorder.org/erpo/faq -extreme -risk - protection -orders.html http://protectionorder.org/erpo/ive -been -served - with -an -erpo.html http://protectionorder.org/erpo/how -do -i-turn -in- my -firearm s.html If you need personal protection, such as a domestic violence protection, you can: o find more information on: www.courts.wa.gov/forms , or o contact your local court for resources. Local Resources Information on Extreme Risk Protection Orders This type of order cannot restrain the respondent from contacting a person nor can it order the respondent to stay away from any person or place. Chapter 7.94 RCW The Washington Pattern Forms Comm ittee wishes to thank the ERPO Implementation Stakeholder Group and the King County Court Administration Office May, 2018 How to Apply for an Extreme Risk Protection Order… Step 1: Petition the Court You may petition on your own or hire a lawyer t o represent you. You must swear under oath that the things you write in the petition are true. In the petition, you must state in writing the specific statements, actions, or facts that show the respondent is a high risk for harming themselves or another p erson if the respondent has access to firearms. Information the court may look for includes:  the types of any firearms the respondent may have, and where they are;  any other protection orders or court cases involving the respondent;  medical or police reco rds if you have them. Step 2: File the Petition The case must be filed in the county where the petitioner or the respondent resides. The case can be filed in a municipal, district, or superior court; however, the full hearing will be in superior court. Step 3: Appear for a Temporary Hearing After you file the petition, a judge will decide whether or not to give you a temporary order. You may need to talk with the judge in a courtroom. The judge will ask you questions and you will need to answer truth fully under oath . If the judge grants your petition, you will get a Temporary Extreme Risk Protect ion Order Without Notice for two weeks. The court papers will state the time and date of the next hearing --which you must attend. Step 4: Notice to Respon dent A copy of your petition, the temporary order , and notice of the hearing must be served on (given to) the respondent by a law enforcement officer. You must provide the best available address. The officer must give these papers to the respondent per sonally at least five court days before the full hearing. Step 5: Appear for a Full Hearing After two weeks, you will come back to court. If possible, you can hire a lawyer to represent you at this hearing — but you are not required to have one. The respo ndent will likely be at this hearing and may also bring a lawyer. You should come to this hearing, whether the respondent has been served or not. If you do not come, the court will dismiss the case and will not sign an order. At the full hearing, be pre pared to explain your request to the judge. Both you and the respondent may be asked questions by the judge, the lawyers, or one another about your request and your statement. The judge will decide whether or not to sign an Extreme Risk Protection Order. How long does the order last? It lasts one year, but it can be renewed for additional one -year periods. Any motion (request) to renew must be filed within the 105 days before the order expires . Terminating Orders The respondent may file a motion to termi nate the Extreme Risk Protection Order only one time during the one -year period the order is in effect. The Respondent must prove that s/he does not pose a significant danger to self or others by having firearms. When must the res pondent surrender firearms and concealed pistol license s?  The law enforcement officer serving the order shall request that respondent immediately surrender all firearms and concealed pistol license s to the officer.  If not surrendered immediately, the respondent must surrender them within 48 hours of being served, or of receiving the order at the hearing.