Extreme Risk Protection Order (ERPO)
If you are worried about someone hurting themselves or others with a gun (firearm), you may be able to get an Extreme Risk Protection Order (ERPO).
An ERPO requires someone to give up their firearms and ammunition and prevents them from buying more while the order is in place.
Warning: This restraining order cannot make someone stay away from you or stop contacting you. If you are worried about your safety, consider applying for one of Oregon's other restraining orders. You can learn more about other restraining order options here.
Who can apply for an Extreme Risk Protection Order (ERPO)?
You can apply for this order if you have "good reasons" to believe a family member, romantic partner, or roommate is going to attempt suicide or hurt others.
Police officers and law enforcement officers can also apply for this order.
What are "good reasons" to be worried about someone?
According to Oregon's law, these are "good reasons" to be worried that someone may commit suicide or hurt others:
- Suicide risk: Recent suicide attempts, threats to commit suicide, or a history of suicide attempts
- Gun threats: Threats to hurt other people with guns, access to firearms, or recent attempts to purchase firearms or ammunition
- Criminal history: Convictions involving violence, animal abuse, stalking, or driving under the influence
- History of violence: Past violence towards other people or animals
- Mental health concerns: Unaddressed mental health or recent substance abuse issues
- Other concerning behaviors: A recent job loss, significant changes in behavior, or other concerning things
What does an ERPO do?
This protection order can make the other person:
- Get rid of their guns and ammunition.
- Give up their concealed weapon permit.
- Not get new guns or ammunition while the protection order is in effect.
If the other person does not follow the ERPO, you can call the police for help.
How to get an ERPO
- Fill out forms: You must fill out a court application (called a "Petition") to get an ERPO. The application will ask for information about you and the other person. You'll also need to explain why you're worried about them. You can find ERPO forms on the Oregon Judicial Department website.
- Turn in your forms: You must turn in your forms in the circuit court in the county where the other person lives or where the other person’s violent or suicidal behaviors occurred.
- Meet with a judge: You'll also need to attend a brief hearing with a judge. The judge will review your application and decide whether to issue an ERPO.
How long does it take to get an ERPO?
It usually takes one to two business days.
If you apply in the morning, you can usually get an ERPO the same day. If you apply in the afternoon, you usually must wait until the next business day.
More Frequently Asked Questions
Yes. When people talk about "red flag laws," they're usually referring to laws that allow police or other concerned people to go through a legal process to take away someone's firearms when that person is a safety risk.
Oregon's Extreme Risk Protection Order is a version of a red flag law. This protection order requires someone to get rid of their guns and ammunition and bans them from buying new ones while the protection order remains in place.
If a judge grants your application for an Extreme Risk Protection Order, law enforcement will "serve" the order on the other side. Serving someone means giving them a copy of court papers.
You'll need to let the judge know where the other person lives, works, or hangs out so law enforcement can find them.
The other person must give law enforcement all the firearms or ammunition in their immediate possession or control as soon as they're served with the Extreme Risk Protection Order.
They have 24 hours to surrender the rest of their firearms to law enforcement, a third party, or a gun dealer.
Maybe. You don’t have to see the other person to get an Extreme Risk Protection Order (ERPO).
But, if the other person disagrees with the ERPO, they can request a hearing. If they do this, the court will schedule a contested hearing. A contested hearing is a court date where you and the other person will talk to a judge and show evidence about what happened. The hearing could be at the courthouse or by video or phone. At the end of the hearing, a judge will decide if an ERPO is needed to prevent the other person from attempting suicide or hurting others.
For more information on contested hearings, visit the contested hearings page.
In general, Extreme Risk Protection Orders (ERPOs) last one year. The other person can ask the order to end early, or you can ask that the order last longer than one year.
Early dismissal rules
The other person has two opportunities to ask a judge to end the ERPO before the year is over:
- First challenge: The other person has 30 days from being handed an ERPO to ask for a court date with a judge (called a contested hearing) to show that the order isn’t needed.
- Second challenge: If a judge keeps the ERPO in place after the contested hearing, the other person can request another hearing later to show the ERPO isn’t needed.
Renewing an ERPO
If the ERPO isn't dismissed early, you can ask the court to extend an ERPO for another year if you're still worried about the other person. This is called renewing your order.
To renew your ERPO, you must turn in an application to the court. You can find the ERPO renewal application on Oregon's state court website. A judge can renew an ERPO for one more year if they believe the other person is still at risk of attempting suicide or hurting others.
If you want to extend the ERPO, you must turn in an application to the court before the ERPO ends. The other person can disagree by asking for another court hearing with a judge.