extreme-risk-protection-orders

HOW DO EXTREME RISK PROTECTION ORDERS SAVE LIVES?

What do you do when an individual is a threat to themselves or others by having access to their firearm? An Extreme Risk Protection Order (ERPO) is a civil court order issued by a judge that temporarily restricts a person’s access to guns. It’s temporary. It’s safe. And it can save lives.

COLORADO EXTREME RISK PROTECTION ORDER LAWS

ERPOs allow concerned family members, teachers, medical professionals, mental health providers, attorneys general, district attorneys, and law enforcement officers to petition a judge for temporary firearm access restrictions when someone poses a risk to themselves or others.

E§§ 13-14.5-101 - 13-14.5-116, C.R.S. | Read the Bill

Extreme Risk Protection Orders are used when a gun owner poses a significant risk of causing personal injury to themself or others by having access to a firearm. Maybe they have made credible threats to their own safety or to the safety of family members, coworkers, schoolmates, or others. In these moments, family members and certain professionals now have another way to help prevent violence and save lives.

Required Forms

FIVE STEPS TO PETITIONING FOR AN EXTREME RISK PROTECTION ORDER

GATHER INFORMATION – Document specific statements, behaviors, known access to firearms, or incidents that suggest significant risk. If possible, gather statements from your colleagues who also observed concerning behavior. Your employer may already have established internal protocols when someone is at risk of harming themselves or others. In some cases, your organization’s administration may serve as a co-petitioner and take lead on filing the paperwork.

COMPLETE THE PAPERWORK – Fill out the Temporary ERPO Petition (JDF 573) and the ERPO Information Sheet (JDF 577). The forms are available at any courthouse in Colorado or online at coloradojudicial.gov. You are legally allowed to disclose Protected Health Information, including health records typically covered by HIPAA, when filing for an ERPO in good faith.

FILE AT THE COURTHOUSE – Submit the petition paperwork and any supporting documentation in person at the courthouse in the county where the respondent resides. If you are unsure which court to contact, you can find it using the courts locator tool at coloradojudicial.gov.

ATTEND THE FIRST HEARING (Temporary Extreme Risk Protection Order or TERPO) – During this hearing, the judge reviews the evidence to determine if a TERPO should be issued. You will present your concerns and supporting documents. This hearing usually happens within 24 hours. The respondent will not be present at this hearing. If the TERPO is granted, law enforcement will serve the order on the respondent and confiscate firearms as appropriate. They will also notify the relevant federal and state agencies to prevent further firearm purchases.

ATTEND THE FINAL HEARING (Extreme Risk Protection Order or ERPO) – If the initial 14-day TERPO is granted, a 364-day ERPO hearing will be scheduled within 14 days to assess if the ERPO should be granted. Each side will have an opportunity to present their evidence and call witnesses.

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