Spouses, cohabitants, parents, children, siblings, or anyone related by blood or adoption can request an ERPO. Current or former dating partners are eligible too—making the law accessible to those closest to the individual in crisis.
Police and sheriffs can petition for ERPOs based on investigations, witness reports, or observed behaviors. Law enforcement often acts quickly in urgent or high-risk situations.
Physicians, psychologists, clinical social workers, counselors, and nurses who have recently evaluated the person can file a petition if they believe there’s imminent risk of violence.
Eligible person submits a detailed petition to the court, explaining the risk of harm.
If the judge finds immediate danger, a temporary ERPO is granted—generally lasting up to 7 days.
The court holds a hearing where both sides present evidence. If the risk remains, a final order (up to one year) may be issued.
Final orders can be renewed for an additional 6 months if risk persists—otherwise, firearms shall be returned.
- Require surrender of firearms and restrict purchases
- Authorize emergency mental health referrals
- Order a person to stay away or provide a no-contact directive
- Serve as a criminal charge or punishment
- ERPOs are civil—not criminal—orders
Police serve ERPO documents, secure firearms, and monitor compliance.
Willful violation or refusal to comply may lead to legal action—including contempt of court—but the ERPO itself remains civil, not criminal.
ERPOs do not appear on criminal records. Court documents are confidential, honoring the privacy of all parties as much as possible.
Maryland’s Extreme Risk Protective Order (ERPO)—known as the “red flag law”—enables certain individuals and authorities to ask the court to temporarily remove firearms from people who are allegedly at risk of harming themselves or others. This is a civil action and not a criminal charge. If you are served with a Temporary ERPO, you should have legal counsel to fight a Final ERPO order.