Extreme Risk Protection Order

In Michigan, an Extreme Risk Protection Order (ERPO) petition is referred to as a complaint. The individual filing the ERPO complaint—called the petitioner—must complete the appropriate complaint forms and submit them to the Family Division of the Circuit Court.

The complaint must clearly outline the specific facts indicating that another person—the respondent—poses a significant risk of causing harm to themselves or others. It is not necessary for the respondent to currently possess a firearm in order for a complaint to be filed.

If the petitioner believes the respondent is at immediate or imminent risk of harm, they may request an ex parte order by indicating this on the complaint form. An ex parte ERPO complaint is given priority by the court and is reviewed without a hearing. When requesting an ex parte order, the petitioner must explain why such an urgent order is appropriate.

The petitioner is also required to state—if known—whether the respondent is currently involved in any other legal proceedings, subject to court orders or judgments, or already involved in another ERPO case. Additionally, the petitioner must indicate if the respondent is a law enforcement officer or someone who is required to carry a firearm as part of their job.

Required Forms to File an ERPO Complaint:

• Form CC 452: Use this if the respondent is an adult

• Form CC 452m: Use this if the respondent is a minor

• Form CC 450 (Confidential Information Form): This form records the petitioner’s address and is kept confidential by the court.

  Note: Only the petitioner’s address is kept confidential. Other personal information may not be.

If the petitioner is a minor or is legally incompetent/incapacitated, they must also complete:

• Form CC 465 (Request for Next Friend and Order Form): This designates a Next Friend, who will take responsibility for filing and managing the complaint on the petitioner’s behalf.

ERPO complaints must be filed with the family division of the circuit court. While circuit court jurisdictions often follow county boundaries, this is not always the case.

• If the respondent is an adult: The petitioner may file the complaint in any county in Michigan, regardless of where either party lives.

• If the respondent is a minor: The complaint must be filed in the county where either the petitioner or the respondent resides.

• If the respondent lives outside Michigan: The complaint must be filed in the petitioner’s county of residence.

For a directory of courts in Michigan by county, click here.

If an ERPO petition does not request an ex parte order, the court will schedule a hearing within 14 days to decide whether an ERPO should be issued. The petitioner must attend this hearing and present evidence supporting the request. If the petitioner does not appear, the ERPO will not be granted.

When a standard (non-ex parte) hearing is requested, the petitioner is responsible for serving the respondent with a copy of the petition and notice of the hearing. If the respondent is a minor, the notice must be served to the respondent’s parent(s) or legal guardian(s). The respondent is not required to attend, but both parties may bring legal representation if they choose. Hearings may be held by videoconference if approved by the court.

If an ex parte ERPO is requested, the court will decide whether to issue the order without a hearing. If the request is denied, the petitioner may still request a hearing within 21 days, which will then be scheduled within 14 days of the request. If the court grants an ex parte ERPO, the respondent has the right to request a hearing within 7 days of being served. That hearing will be scheduled within 14 days.

Special rule: If the respondent is a law enforcement officer or otherwise required to carry a firearm for work, a hearing must be scheduled within 5 days.

At the hearing (if one occurs), the court will review the petition, evidence, and any testimony from the petitioner or respondent. In determining whether to issue an ERPO, the court may consider factors such as:

• Use of physical force or violence

• Past or current protective or restraining orders

• Violations of ERPOs or Personal Protection Orders

• Criminal offenses

• Abuse of alcohol or controlled substances

• Illegal use of firearms, deadly weapons, or ammunition

• Serious mental illness or emotional disturbance

The court will decide whether to grant or deny an ERPO based on the evidence presented and will provide a written explanation of its decision.

If an ERPO is granted, the petitioner is generally responsible for serving the order to the respondent and filing the attached proof of service with the court, unless the court specifies otherwise. The respondent must surrender all firearms in their possession to law enforcement. If permitted by the court, the respondent may instead transfer firearms to a licensed firearm dealer.

In cases where the court requires firearms to be surrendered immediately, a law enforcement officer will serve the ERPO directly to the respondent. The court may also authorize an anticipatory search warrant, allowing law enforcement to search the respondent’s property for firearms if the respondent fails to comply.

In Michigan, an ERPO lasts for up to one year, during which the respondent is prohibited from possessing or purchasing firearms. Violating the order may result in penalties, including fines or jail time.

The petitioner may request to change or end the ERPO at any time during its duration. The respondent may also request to modify or terminate the ERPO, but only once every six months. At the end of the order, the petitioner—or the court itself—may request an extension.

Both petitioners and respondents may use the Motion to Modify, Extend, or Terminate Order (Form CC 460) to request changes to an ERPO. Once the motion is filed, the court will schedule a hearing within 14 days. The party filing the motion must notify the other party of the hearing.

When the ERPO expires, unless the respondent is otherwise prohibited from possessing firearms, the court will restore their right to purchase and possess firearms. The respondent may also reclaim any firearms surrendered to law enforcement or a licensed firearm dealer. Firearms must be reclaimed within 90 days; after that period, law enforcement may destroy them.