Livingston County will be closed on Monday, May 27th in honor of Memorial Day.

What is an Extreme Risk Protection Order?

An Extreme Risk Protection Order (ERPO) is an order issued by the Circuit Court that prohibits certain individuals from possessing or purchasing firearms and requires the surrender and seizure of a restrained individual’s firearms. This is commonly referred to as a “Red Flag Law.” The petitioner is the person seeking the order. The respondent is the person against whom the order is sought.

Who Can File

MCL 691.1801 et seq requires that the petitioner be one of the following:

  • A current or former spouse of the respondent
  • An individual who:
    • Has a child in common with the respondent;
    • Has or has had a dating relationship with the respondent; or
    • Resides or has resided in the same household with the respondent
  • A family member, including:
    • Parent;
    • Son or daughter;
    • Sibling;
    • Grandparent;
    • Grandchild;
    • Aunt or uncle; or
    • First Cousin
  • A guardian of the respondent
  • A law enforcement officer
  • A health care provider, including:
    • Physician;
    • Physician’s Assistant;
    • Nurse Practitioner;
    • Certified Nurse Specialist licensed under 1978 PA 368, MCL 333.16101 to MCL 333.18838; or
    • Mental health professional as defined in MCL 330.1100b or as may be licensed in another state

How To File

Eligibility

Please review the “Who Can File” section above to ensure you are eligible to apply prior to filling out the forms.

Attorney

You may hire an attorney to represent you in this action. If you do not have an attorney, but can afford it, you can find an attorney through the State Bar of Michigan Lawyer Referral Service at 1-800-968-0738 or lrs.michbar.org

If you want a lawyer and cannot afford it, you may contact Legal Aid at 1-888-783-8190 Monday, Tuesday, and Thursday from 9 a.m. – 4 p.m. or Wednesday 11 a.m. – 6 p.m.

Completing the Forms

If you handwrite your forms, please print neatly. Be specific about what you are asking the court to do and why you are requesting it. Attach additional page(s) if necessary.  You must fill out the forms as completely as possible, including the top portion of the proposed order. The court staff will not complete items you have left blank and are not responsible for ensuring all forms are completed fully.

The necessary forms to start an action are:

  • Complaint for Extreme Risk Protection Order
  • Confidential Information sheet (CC450). Petitioner must fully complete this form.
  • Proposed Extreme Risk Protection Order. It is critical that the information be complete and accurate for service and enforcement of the order
  • Request for Next Friend – CC465. Use only if petitioner is a minor or incompetent/legally incapacitated.

Filing Your Paperwork

ERPO complaints must be filed with the Circuit Court Clerk’s Office in any county in the State of Michigan. Once the completed paperwork is submitted, the Circuit Court Clerk’s office will assign a case number and Judge. There is no filing fee. If at all possible, you should file the ERPO in person so the clerks can assist you with next steps.

If You've Been Served

If you’ve been served with an ERPO, you must file the Verification of Compliance with the Circuit Court Clerk’s office within 24 hours of actual notice.
Verification of Compliance with Extreme Risk Protection Order (CC459)

Modifications or Terminations of an Order

Circuit Court Clerk

Elizabeth Hundley, Livingston County Clerk

Elizabeth Hundley
County Clerk

Kristi Cox
Chief Deputy County Clerk

Q

Phone

(517) 546-9816

Hours

Monday – Friday
8:00 a.m. – 5:00 p.m.
(Paperwork processed up until 4:45 p.m.)

Closed County Holidays

Judicial Center

204 S Highlander Way
Suite 4
Howell, MI 48843

Fax

(517) 548-4219