Extreme Risk Protection Orders
This is Washington’s ‘red flag’ law. An extreme risk protection order (ERPO) requires a person to surrender any firearms they have and makes it illegal for them get firearms. You can get an ERPO against an intimate partner, family, or household member who poses a significant danger to themselves or others. Law enforcement can also seek an ERPO.
ERPOs only restrict someone’s access to firearms. If you need other protection, such as no harm, no contact, or stay away orders, consider other types of protection orders instead of an ERPO.
Contents
1. Before you file
Community organizations can help! If you’ve experienced domestic violence, harassment, stalking, or sexual assault, or the threat of any of these, get help from your local domestic violence shelter or sexual assault center. Shelters provide safety planning, temporary shelter, legal advocacy, counseling, and other services.
Visit Washington State Domestic Violence Information & Referral to search for local programs by county, or for culturally/community specific or Tribal programs.
You can call, text, or chat online with advocates 24/7 at any of these:
- National Domestic Violence Hotline, 1-800-799-7233
- National Sexual Assault Hotline, 1-800-656-4673
- StrongHearts Native Helpline (a peer support service of the National DV Hotline), 1-844-762-8483
To ask a judge for an extreme risk protection order (an ERPO), you must fill out and file the forms here. The Petition is a request for the judge to order the other person (the respondent) to turn their firearms over to law enforcement and not get or try to get other firearms. It lets you ask for a temporary protection order that starts right away, and a full protection order that can last a year, if approved by a judge.
“Judge” here refers to judges and court commissioners.
Decide if an ERPO is the right choice for you. Different types of protection orders are effective for many people, but they’re not a good option for everyone.
Decide where to file. You can file for an extreme risk protection order in the Washington county where you or the respondent lives.
Some courts may offer their own online forms or ways to ask for an extreme risk protection order online. Ask the court clerk for availability.
Decide which court to file in. If the respondent is age 18 or older, you should probably file for an ERPO in Superior Court. You can file in Municipal or District Court, but those courts can only give you a temporary order and then transfer your case to Superior Court. If the respondent is under age 18, you may file in Juvenile Court.
Decide if you’re going to put your home address in your court papers. The protection order is a public document that anyone can see. If you’re unsure, talk to an advocate.
Decide if you want or need an immediate order. If you ask for an immediate order, you must explain how the respondent may use firearms in the near future to harm themselves or someone else if you don’t get an order now, before the respondent gets notice that you’re asking for an ERPO.
Gather any supporting evidence, such as written statements, printed photos, or documents that help prove what you’re saying is true. If you have proof that the respondent abuses drugs or alcohol, include it now. For other evidence, if you can get it later, you can still file it before your hearing date, but try not to wait until the actual hearing to present evidence for the first time.
You might be able to get help filling out the forms. Ask the court clerk about local victim services organizations with advocates who can help with forms.