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How will a judge make a decision about whether to grant the order?
The judge will consider several factors when deciding whether to grant an extreme risk protection order. To decide if the respondent poses a significant danger of causing personal injury to himself/herself or others, the judge will consider the respondent’s:
- acts or threats of violence against himself/herself or others, including any recent act or a pattern of such acts within the past 12 months;
- mental health history;
- drug or alcohol abuse;
- violations of any court orders, including restraining orders, no-contact orders, and protective orders;
- previous extreme risk protection orders;
- illegal, threatening, or reckless use or waving of a firearm, including through social media;
- ownership of, access to, or a plan to possess firearms;
- criminal history;
- history, use, attempted use, or threatened use of physical violence, history of stalking, or history of cruelty to animals; and
- history of recently getting or trying to get firearms.1
1 8 R.I. Gen. Laws § 8-8.3-5(a), (b)
