An Extreme Risk Protection Order (ERPO) is a court order issued by a New York State Supreme Court Judge that prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess. It is the result of a civil proceeding brought by law enforcement, schools, or family members when they believe an individual may be dangerous to themselves or others.

 

As part of the ERPO process a Judge can also direct law enforcement to search a person, premises or a vehicle for guns and remove them. The person who initiates the ERPO proceeding is called the petitioner. The respondent is the person the Court is considering issuing the ERPO against. 

 

ERPO cases have three phases:

 

• Filing of the petition. The petitioner files a petition in Supreme Court alleging that the respondent is at risk of using guns to hurt other people or themselves.

 

• Temporary Extreme Risk Protection Order. Once a petition is filed, the assigned Judge has the authority to issue a temporary ERPO pending a final hearing. A respondent must comply with a temporary ERPO until the Judge has the chance to hear both sides at a hearing to decide if a final ERPO should be issued. If a temporary ERPO is issued, law enforcement will serve it on the respondent and remove any guns that the respondent has pending the hearing.

 

• Hearing: The hearing date must be held within 3 to 10 days of the filing of the petition. The petitioner has the burden to present clear and convincing evidence that the respondent is likely to engage in conduct that would result in serious harm to themselves or others (as defined in Section 9.39 of the New York State Mental Hygiene Law). The respondent has the opportunity to participate in the hearing, retain counsel, cross examine witnesses, testify, present evidence, and defend against the allegation. If the Judge rules in favor of the petitioner and grants a final ERPO then the respondent will be barred from owning or possessing guns for a period of 1 year. If the Judge rules in favor of the respondent than no final ERPO will be issued, and the case is over.

 

An ERPO is a civil proceeding and can be brought without the filing of any criminal charges. Frequently however, the basis of the ERPO application stems from conduct for which the respondent has also been criminally charged for. In this situation it is absolutely imperative that the respondent obtain an attorney as any statements made by the respondent at an ERPO hearing could be used as evidence against the respondent in the criminal case.

 

Patrick Fischer has the knowledge and experience to represent both petitioners and respondents in ERPO proceedings. If you are the respondent in an ERPO case, Patrick Fischer can help protect your rights and property. If you are considering filing an ERPO petition against family member exhibiting dangerous behavior, Patrick Fischer can help guide you through the process and conduct the litigation on your behalf.