Extreme Risk Protection Order (ERPO) Act
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.
ERPO Forms
Complaint for Extreme Risk Protection Order – Adult (CC452)
Complaint for Extreme Risk Protection Order – Minor (CC452M)
Confidential Information, Extreme Risk Protection Order Proceeding (CC450)
Extreme Risk Protection Order – Adult (CC453)
Extreme Risk Protection Order – Minor (CC453M)
Order Denying Extreme Risk Protection Order (CC456)
Request for Next Friend and Order, Extreme Risk Protection Proceeding (CC465)
Proof of Personal Service/Oral Service of Extreme Risk Protection Order (CC457)
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
If you wish to request the Court to modify or terminate the order, please review the instructions found at the State Court Administrative Office’s website.
Motion to Modify, Terminate, or Extend Extreme Risk Protection Order (CC460)
Order on Motion to Modify, Terminate, or Extend Extreme Risk Protection Order (CC461)
Law Enforcement Forms
Immediate Emergency Ex-Parte Extreme Risk Protection Order (CC454)
Proof of Personal Service/Oral Service of Extreme Risk Protection Order (CC457)
Sworn Written Petition After Immediate Emergency Ex Parte Extreme Risk Protection Order (CC455)
Anticipatory Search Warrant (CC458)
Affidavit of Anticipatory Search Warrant (CC458a)
Motion to Show Cause for Violating Extreme Risk Protection Order (CC462)
Order to Show Cause for Violating Extreme Risk Protection Order (CC463)
Order after Show Cause Hearing (CC464)
Verification of Compliance with Extreme Risk Protection Order (CC459)
