Maryland Extreme Risk Protective Order Resource Center
What is an ERPO?
An Extreme Risk Protective Order (ERPO) is a civil court order that can temporarily prevent someone from accessing firearms when they are at risk of harming themselves or others.
ERPOs are designed to prevent tragedies, like suicides, mass shootings, and domestic violence, by creating a legal pathway to separate a person in crisis from their guns, before something irreversible happens.
Why ERPOs Matter
Sometimes, a person may be in emotional distress, experiencing a mental health crisis, or acting violently or erratically. In these moments, access to a gun can quickly turn a crisis into a tragedy.
ERPOs give families, certain licensed health professionals, and law enforcement a tool to step in early and help reduce immediate risk.
How it works in Maryland
An ERPO:
- Is temporary and civil (not criminal)
- Is issued by a District Court judge or commissioner
- Prohibits the respondent from possessing or purchasing firearms
- Requires the respondent to surrender any guns they currently own
- Lasts up to one year, but can be extended if the risk continues
Who Can Request an ERPO?
You can file a petition if you are a:
- Law enforcement officer
- Spouse, dating partner, or relative
- Cohabitant or housemate
- Health professional (physician, psychologist, social worker, etc.)
If you’re unsure whether you’re eligible, don’t worry—we’ll walk you through the steps and help you understand your options.
What Happens After Filing?
- You file a petition with a District Court commissioner order if the court is closed or at the District Court during normal operating hours.
- The commissioner or judge may issue an interim or temporary ERPO right away if they find an immediate risk.
- A full hearing is scheduled within 7 days to determine if the order should last longer.
If a petition is granted, the respondent must surrender all firearms and cannot buy new ones while the ERPO is in effect.
Is This the Same as a Protective Order?
No. An ERPO is not the same as a domestic violence protective order (DVPO). While both can temporarily restrict access to firearms, ERPOs are specifically focused on preventing gun-related harm due to dangerous behavior or mental health crises, not solely domestic violence. A DVPO also offers a broader range of protections tailored to domestic violence situations. However, a DVPO does not typically require the surrender of firearms as quickly as an ERPO. In certain circumstances, it may be appropriate to file both petitions.
When to Consider Filing
ERPOs are appropriate when someone poses an immediate or increasing risk of harming themselves or others with a firearm. ERPOs are often filed during moments of crisis and can create a critical window for intervention and support.
Common warning signs include:
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Threats of suicide or self-harm
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Escalating verbal or written threats toward others
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Dangerous changes in behavior, access, or intent
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Substance misuse combined with access to firearms
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Recent acts of violence or alarming deterioration in judgment
What About Due Process?
Maryland’s ERPO process balances safety with constitutional protections. Respondents have multiple opportunities to participate, challenge the order, and seek legal guidance. Judges must review evidence quickly and make decisions based on clear legal standards.
Built-in protections include:
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Judicial review at every stage
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Prompt hearings (interim, temporary, and final)
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Right to present evidence and witnesses
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Right to request termination of the order
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Law enforcement return of firearms when the order expires or is terminated, if otherwise legally permitted
Types of ERPOs in Maryland
1. Interim ERPO
Immediate, emergency order.
When courts are closed, a commissioner can issue an interim order to address urgent safety concerns until a judge is available.
2. Temporary ERPO
Short-term order from a judge.
After a brief hearing, a judge can issue a temporary ERPO to establish and keep safety measures in place until the full hearing.
3. Final ERPO
Order after a full hearing.
A judge makes a final determination after hearing from all sides. If granted, this order can last up to one year.
More Information for Family, Partners, and Loved Ones
Who Can File an ERPO Petition?
If you are worried that someone you care about is at risk of harming themselves or others, you may be eligible to request an ERPO. In Maryland, you do not need to live with the person to qualify. The following people with a close personal relationship are eligible to petition for an ERPO:
- Spouse of the respondent
- Cohabitant of the respondent
- Person related to the respondent by blood, marriage, or adoption
- Individual who has a child in common with the respondent
- Current dating or intimate partner of the respondent
- Current or former legal guardian of the respondent
What to Expect in the ERPO Process
Filing an ERPO petition is designed to be straightforward, and you can do it on your own or with help. You start by completing a petition explaining why the person poses an immediate risk and what behaviors or events led to your concern. A judge or commissioner reviews the petition the same day, often within hours. If the order is granted, law enforcement will serve it and temporarily remove the person's firearms until a full hearing takes place. At that hearing—typically within 7 days—you may be asked to provide more information to help the judge decide whether the order should remain in place. Your safety and privacy will be considered throughout the process.
Forms, Links, and More Information
If you are ready to take the next step—or simply want to explore the official materials—you can find forms, instructions, and additional guidance on the Maryland Courts website. These include the ERPO petition, brochure, and contact information for court offices. We recommend reviewing the official instructions before filing to understand what to expect and what information you will need to provide. District Court staff can explain the filing process but cannot provide legal advice.
District Courts Locations and Links
Court Commissioners Locations/Stations
More INFORMATION FOR MEDICAL &
BEHAVIORAL HEALTH PROFESSIONALS
When a Clinician May File an ERPO Petition
Clinicians can request an ERPO when a patient poses an immediate risk of harming themselves or others with a firearm.
This option should be considered when:
- A patient expresses acute suicidal intent
- There is credible risk of interpersonal violence, including threats toward family members or others
- A patient’s mental or behavioral health crisis creates imminent safety concerns
- Safety planning alone is not sufficient to reduce the risk
- There is known access to firearms that increases the risk of harm
ERPOs are designed as a short-term safety tool — to create time and space for stabilization, treatment, and support.
Clinicians do not need to make criminal allegations. ERPOs are a civil remedy focused solely on immediate safety.
Information and Documentation that Helps the Court
Clinicians do not need to prove a legal case, but providing clear, factual information helps the court understand the situation. Useful documentation may include:
- Notes describing specific statements or behaviors indicating risk
- Information about recent changes in mental status, substance use, or crisis patterns
- Evidence of access to firearms or concerns expressed by family
- Records showing recent attempts, threats, or escalating warning signs
- Details of clinical recommendations that were declined or not followed
- Safety planning notes indicating why additional steps are needed
Use neutral, clinical language and describe behaviors, not diagnoses.
(Example: “Patient reported loading a firearm during a suicidal crisis,” rather than “patient is depressed.”)
What to Expect in the ERPO Process
If you decide to file an ERPO petition:
- File at the District Court during court hours, or with a Commissioner when courts are closed.
2. A Temporary or Interim ERPO may be issued the same day if the judge or commissioner finds immediate risk.
3. A full hearing before a judge is scheduled quickly — typically within 7 days.
4. You may be asked to provide brief testimony, either in person or via remote appearance (depending on the court).
5. Firearms are temporarily removed if the order is issued.
6. Final ERPOs last up to one year and can be extended if needed.
Clinicians who file are not responsible for enforcing the order or handling firearms. Your role is identifying imminent risk and providing information to the court.
More INFORMATION FOR LAW ENFORCEMENT
When Law Enforcement May File an ERPO Petition
Law enforcement officers may request an ERPO when they identify an immediate risk of harm involving firearms, including:
- Suicidal statements, attempts, or behaviors
- Threats or actions indicating potential violence toward others
- Domestic incidents involving firearms
- Individuals experiencing a crisis, mental health episode, or escalating behavior involving weapons
- Situations where firearms are present and safety concerns are rising quickly
An ERPO allows officers to take preventive action by temporarily restricting firearm access during a period of heightened risk.
Information and Documentation That Helps the Court
When filing a petition, officers can support the request with clear, factual observations, such as:
- Witness statements
- Body-worn camera or incident notes
- Descriptions of threats, behaviors, or unsafe firearm handling
- Information about access to firearms
- Prior incidents or calls for service related to safety concerns
- Evidence of injury, attempted self-harm, or escalating conflict
- Visible intoxication or impairment during an incident
Officers should focus on specific behaviors and facts rather than conclusions or assumptions.
What to Expect in the ERPO Process
When law enforcement files an ERPO, the petition can be submitted at the District Court or to a District Court commissioner when courts are closed. A judge or commissioner may issue a Temporary or Interim ERPO the same day. Officers may be asked to provide brief testimony at the hearing. If an order is issued, law enforcement serves the order and handles the temporary surrender of firearms according to agency policy. A full hearing is scheduled quickly, often within days, and firearms are held temporarily unless a judge issues a Final order.
ERPOs are civil orders focused on preventing harm — they are not criminal charges, do not require arrests, and do not create a criminal record.
More INFORMATION FOR RESPONDENTS
Understanding an ERPO — Civil, Not Criminal
An ERPO is a civil safety order. It is not a criminal charge, and it does not create a criminal record.
It is used when there are serious concerns that someone may harm themselves or others with a firearm during a period of crisis.
Firearm access is paused temporarily while the court reviews the situation.
Respondents keep their basic rights, and this process is focused on safety and stabilization — not punishment.
What to Expect and Your Rights in the ERPO Process
If an ERPO petition is filed, a judge or commissioner may issue a short-term order. A full hearing follows quickly, usually within 7 days.
You have the right to attend the hearing, speak to the judge, and present information.
You may choose to consult an attorney or bring documents or statements that help explain your perspective.
If the court does not extend the ERPO, firearms are returned.
This process is designed to be prompt, fair, and focused on safety for everyone involved.
A Temporary Pause for Safety and an Opportunity for Support
An ERPO is intended to create a temporary pause in access to lethal means during a time of heightened stress, conflict, or crisis.
Many people who are subject to an ERPO are going through difficult moments — emotional strain, relationship challenges, mental health concerns, or major life stressors.
This period can be a time to reconnect with support, counseling, treatment, or other resources that help people regain stability and safety.
When the crisis passes, and if the court determines continued restriction is not necessary, firearm access can be restored.
