Extreme Risk Protection Order (ERPO)
If this is an EMERGENCY and you FEEL YOUR LIFE IS IN IMMEDIATE DANGER, CALL 911
Overview
An Extreme Risk Protection Order (ERPO) is an order issued by the Circuit Court that prohibits certain individuals from possessing or purchasing firearms and orders the surrender and seizure of a restrained individual's firearms. The ERPO Act (MCL 691.1801 et. seq.) provides law enforcement officers and other government officials the authority to carry out tasks needed to enforce the ERPO. It gives the restrained individual an opportunity to be heard by the judge at the beginning of a case and after the person has resolved the problem that led to the need for an order. Additionally, it prescribes penalties for those that do not comply with ERPO. If you need to file a complaint, Verification, Motion, or Proof of Service, please see the filing instructions and forms below.
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- A current or former spouse of the respondent
- An individual who:
- Has a child in common with the respondent
- Has or had a dating relationship with the respondent
- Resides or resided in the same household with the respondent
- A family member, including a:
- Parent
- Son or daughter
- Sibling
- Grandparent
- Grandchild
- Aunt or uncle
- First cousin
- A guardian of the respondent
- A law enforcement officer
- A healthcare provider, including a:
- Physician
- Physician’s assistant
- Nurse practitioner
- Certified nurse specialist licensed under 1978 PA 368, MCL 333.16101 to MCL 333.18838
- Mental health professional, as that term is defined in MCL 330.1100b or a mental health professional licensed in another state.
Common Terms
- Petitioner: The person filing for an Extreme Risk Protection Order against a person.
- Respondent: The person that the Complaint for an Extreme Risk Protection Order is filed against.
- Complaint: Document that officially starts the legal process to obtain an Extreme Risk Protection Order.
Fees
- There are no filing fees or other fees assessed for this process.
ERPO Case Types
- Non-Law Enforcement Petitioner Ex Parte Request (without hearing):
- Adult = EP
- Juvenile = EE
- Non-Law Enforcement Petitioner (hearing requested):
- Adult = ER
- Juvenile = EJ
Step 1: Complete Appropriate Forms
Forms are available on the Court’s website, or you can obtain them from the Clerk’s Office. The necessary forms to start an action are:
- Complaint for Extreme Risk Protection Order
- Confidential Information sheet – CC450
- Petitioner must provide the court with an address, contact information (email and phone number), and demographic data.
- The Clerk of the Court will maintain petitioner’s information as confidential.
- Proposed Extreme Risk Protection Order
- Request for Next Friend – CC465
- This form is only required if the respondent is a minor or incompetent/legally incapacitated.
Step 2: File your completed paperwork with the Court
ERPO complaints must be filed in person at the Oakland County Clerk’s Office. The Clerk’s Office is located on the ground floor of the Sixth Circuit Courthouse, 1200 N. Telegraph Rd., Pontiac, MI 48341. The Clerk’s Office is open Monday through Friday from 8 a.m. to 4:30 p.m.
*Law enforcement officers who work for a law enforcement agency located in Oakland County that are in need of an Immediate Emergency Extreme Risk Protection Order should follow the instructions in the Law Enforcement Officer Job Aid provided by the Court to each agency in February 2024.
- Complaint for Extreme Risk Protection Order, Adult Respondent (CC452)
- Complaint for Extreme Risk Protection Order, Minor Respondent (CC452M)
- Confidential Information, Extreme Risk Protection Order Proceeding (CC450)
- Extreme Risk Protection Order Adult Respondent (CC453)
- Extreme Risk Protection Order Minor Respondent (CC453M)
- Sworn Written Petition after Immediate Emergency Ex Parte Extreme Risk Protection Order (CC455)
- Verification of Compliance with Extreme Risk Protection Order (CC459)
- Motion to Modify, Terminate, or Extend Extreme Risk Protection Order (CC460)
- Motion to Show Cause for Violating Extreme Risk Protection Order (CC462)
- Request for Next Friend and Order Extreme Risk Protection Order Proceeding (CC465)
- State Bar of Michigan: https://lrs.michbar.org/LRS-Info/Lawyer-Referral-Service
- Oakland County Bar Association: 248-338-2100, https://www.ocba.org/?pg=FindALawyer
- Lakeshore Legal Aid: 888-783-8190, https://lakeshorelegalaid.org
- Oakland Mediation Center: https://mediation-omc.org/legal-services/
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