Frequently Asked Questions about Maryland's
Extreme Risk Protective Orders (ERPO)
1. What is an Extreme Risk Protective Order (ERPO)?
An ERPO is a civil court order that temporarily prevents someone from accessing firearms when they pose an immediate risk of harming themselves or others. It is not a criminal charge — it is a safety tool designed to create a critical window of time for intervention and support.
2. How is an ERPO different from a restraining order or domestic violence protective order?
A domestic violence protective order (DVPO) is focused on protecting someone from abuse or harassment and offers a broad range of protections. An ERPO is specifically focused on removing access to firearms during a crisis — and can be filed even when the situation does not involve domestic violence. In some cases, it may make sense to file both.
3. Who can file for an ERPO in Maryland?
The following people can file a petition: law enforcement officers, spouses and dating partners, family members related by blood, marriage, or adoption, cohabitants or housemates, co-parents, and licensed medical or behavioral health professionals.
4. Do I need a lawyer to file an ERPO petition?
No. You can file on your own. District Court staff can walk you through the filing process, though they cannot provide legal advice. Forms and instructions are available on the Maryland Courts website at mdcourts.gov/district/ERPO.
5. What happens after I file — what should I expect?
A judge or commissioner reviews your petition, often the same day. They may ask you questions about the situation. If the legal standard is met, an order is issued and law enforcement serves it and temporarily removes the respondent's firearms. A full hearing is then scheduled, typically within 7 days.
6. Will I have to go to court?
Yes. After filing, you will attend a hearing where a judge reviews the case. You may be asked to provide information or answer questions. The respondent also has the right to attend and speak to the judge.
7. How quickly does the process move?
Very quickly. A judge or commissioner can issue an initial order the same day you file. The full hearing typically happens within 7 days. If you file after regular court hours, a commissioner can issue an emergency interim order right away.
8. What happens to the person's firearms once an order is issued?
Law enforcement serves the order and the respondent must surrender all firearms. They are also prohibited from purchasing new firearms while the order is in effect. If the order is not extended at the final hearing, firearms are returned when legally permitted.
9. Does an ERPO result in a criminal record for the respondent?
No. An ERPO is a civil order, not a criminal charge. It does not create a criminal record. The process is focused on safety, not punishment.
10. Can a doctor or therapist file an ERPO?
Yes. Licensed medical and behavioral health professionals — including physicians, psychologists, and social workers — can file a petition when a patient poses an immediate risk of harming themselves or others with a firearm. Clinicians do not need to make criminal allegations to file.
11. What if I'm not sure the situation is serious enough to file?
If you're seeing warning signs — threats of suicide or self-harm, escalating threats toward others, dangerous changes in behavior, or known access to firearms — it's worth taking seriously. You don't need to be certain. A judge will review the situation and make the legal determination. If you're not sure where to start, reviewing the materials at mdpgv.org and mdcourts.gov/district/ERPO can help. If you still have questions, the Maryland Courts Self-Help Center is available at 410-260-1392, Monday–Friday, 8:30 a.m.–8:00 p.m. If there's an immediate mental health crisis, the 988 Suicide and Crisis Lifeline is available 24/7.
12. What happens at the final hearing?
A final court hearing is held where both sides have the opportunity to present information and speak to a judge. If the judge determines the risk continues, a final ERPO can be issued lasting up to one year. If not, the order ends and firearms are returned when legally permitted.
