THE EXTREME RISK PROTECTION ORDER: WHAT IS IT?
A family member or the police can ask the court to restrain a person from possessing firearms. They file a written petition with the court that gives the reason why they think the person should not possess firearms.
The judge can order a person not to possess firearms for a period of one year.
The judge can also order the person to get a mental health evaluation and a chemical dependency assessment.
THE CONSEQUENCES OF THE EXTREME RISK PROTECTION ORDER: GUN LOSS AND STIGMA.
Loss of Second Amendment rights is significant to many people but not to everyone. Some people don’t own or possess guns and never will.
Everyone cares about their good name and reputation. The label of being an “extreme risk” or a “significant danger” can create problems. This label can effect the ability to get housing, continue with education, jobs and careers and basic happiness.
HOW PEOPLE CAN FIND OUT ABOUT AN EXTREME RISK PROTECTION ORDER
Licensed gun dealers, must run a NICS check on a buyer. This background check will reveal who has been prohibited from possessing a firearm. But what if you aren’t concerned about buying a gun at all? What if you’re concerned about school or an employment background check?
Anyone can easily find out about an Extreme Risk Protection Order. The extreme risk protection order case can be found at the Washington State Courts website by a simple name search. A person’s court cases will appear.
Petitions for ERPOs do not contain flattering stories. The petitions focus on details and reasons why the petitioner believes the respondent is a substantial danger to self or others. These details are often not true. With an Extreme Risk Protection Order attorney, a true picture can be put into court.
AVOIDING AN EXTREME RISK PROTECTION ORDER
- You have a right to a hearing and a neutral judge.
- You have a right to lawyer.
- You have a right to have a judge listen to the evidence and make a decision.
- You have a right to present evidence.
- The Petitioner must prove that you are a substantial danger to yourself or others.
- The judge must consider legal factors like history of violence, history of protection orders, mental illness, to name a few must be considered.
Extreme Risk Protection Order proceedings are on a short timeline. Please feel free to contact us for help. (206) 933-2414