English
EspañolWhat is an extreme risk protection order?
An extreme risk protection order is a civil court order prohibiting an individual, known as the respondent, from having possession or control of, purchasing, or receiving any:
- firearm;
- ammunition;
- registration certificate;
- license to carry a concealed pistol; or
- dealer’s license.1
1 D.C. Code § 7-2510.01(1)
Who can file for an extreme risk protection order?
You can file for an extreme risk protection order if there is significant danger that the respondent will cause bodily injury to himself/herself or others by having possession or control of, purchasing, or receiving any firearm or ammunition and:
- you are related to the respondent by:
- blood;
- adoption;
- guardianship;
- marriage
- domestic partnership;
- you and the respondent:
- have a child in common;
- live together; or
- have or had a romantic, dating, or sexual relationship – or the respondent was trying to have one of those relationships with you; or
- you are filing in your official capacity as any of the following:
- any sworn member of a law enforcement agency operating in the District of Columbia; or
- a mental health professional.1
1 D.C. Code § 7-2510.01(2)
What types of orders are there? How long do they last?
There are two types of extreme risk protection orders: ex parte extreme risk protection orders and final extreme risk protection orders.
An ex parte extreme risk protection order is issued without the respondent having notice of the case beforehand and without the respondent being present at the hearing. An ex parte extreme risk protection order can last up to 14 days.The judge can extend the ex parte order for additional 14-day periods if there is good cause to do so, or for longer periods if all parties agree.1
A final extreme risk protection order can be issued after the respondent has notice of the case and a chance to participate in a hearing. The respondent must be personally served with notice of the hearing. If service cannot be completed before the hearing date, the judge can schedule a new hearing date. If the respondent is still unable to be served, the judge can dismiss the petition “without prejudice,” which means it can be re-filed.2 If the judge issues a final extreme risk protection order, it will last for one year after the date the order is issued.3
1 D.C. Code § 7-2510.04(h)
2 D.C. Code § 7-2510.03(b)
3 D.C. Code § 7-2510.03(i)
What protections can I get in an extreme risk protection order?
In both an ex parte and a final extreme risk protection order, the judge can order that the respondent not possess, control, purchase, or receive any:
- firearm;
- ammunition;
- registration certificate;
- license to carry a concealed pistol; or
- dealer’s license.1
1 D.C. Code §§ 7-2510.03(h); 7-2510.03(g)
