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EXTREME RISK PROTECTION ORDERS

Extreme Risk Protection Orders can help address mass shootings, suicides, domestic violence, and any other type of violence that may be carried out with a firearm.

EXTREME RISK PROTECTION ORDERS (ERPOs)

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WHAT IS AN ERPO?
Colorado has a new tool to help prevent firearm violence. Extreme Risk Protection Orders (a.k.a. “Red Flag Orders” or “ERPOs”) make it illegal for a person to possess, purchase, or have access to firearms.


Extreme Risk Protection Orders are temporary (the longest ones last for one year) and not everyone can file for an ERPO, but they’re an important tool to keep our loved ones and community safe.


These orders can address all forms of firearm violence: suicides, mass shootings, domestic violence, and all other forms of violence that can be carried out with a firearm.

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FACTS ABOUT FIREARM VIOLENCE IN COLORADO

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  • On average, someone is killed by a Firearm every 10 hours in CO.

  • The rate of Firearm deaths increased 41% between 2011 and
    2020 in our state.

  • Firearms are the leading cause of death for children and teens in Colorado; an average 69 children and teens die by firearms every year.

  • Nearly 77% of firearm deaths in Colorado are suicides.

  • Firearm access triples suicide risk.

  • A domestic violence victim is five times more likely to be killed when their abuser has access to a firearm.

SOURCES:
Firearm Violence in Colorado: Everytown for Firearm Safety, July 2022.
Firearm Violence Statistics: Giffords Law Center to Prevent Firearm Violence (accessed June 5, 2023).

WHO CAN FILE AN ERPO?

You must have a certain relationship with the “respondent” (the person whose behavior we’re addressing) before you can file for an ERPO. Here’s a list of who can file in Colorado:

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  • A person related by blood, marriage, or adoption to the respondent;

  • A person who has a child in common with the respondent, regardless of whether such person has been married to the respondent or has lived together with the respondent at any time;

  • A person who regularly resides or regularly resided with the respondent within the last six months;

  • A domestic partner of the respondent;

  • A person who has a biological or legal parent-child relationship with the respondent, including stepparents and stepchildren and grandparents and grandchildren;

  • A person who is acting or has acted as the respondent's legal guardian.

  • A person who has had a romantic, dating, or intimate relationship with the respondent;

  • Certain mental health professionals;

  • Certain medical professionals;

  • Certain educators and school administrators;

  • Law enforcement.

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If someone you know poses a danger to themselves or others, schedule a free and confidential consultation with one of our attorneys today. Extreme Risk Protection Orders are a form of intervention; they remove firearms from a volatile situation before irreparable harm occurs.
 

You can also reach us at 303-443-1038 extension 104.

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Our team has decades of experience working with people experiencing violence and threats of violence. We offer non-judgmental support to our clients while empowering them with insider knowledge of the legal system.


If you qualify, an experienced trial attorney will represent you from start to finish in your Extreme Risk Protection Order case. All at no cost to you.


Grant funding is limited so please reach out today.

OVERVIEW OF A TYPICAL ERPO CASE

  1. You notice concerning behavior from a loved one, patient, or student. You discuss your concerns with your support system and/or an attorney.
     

  2. You file two forms with the court:
    (1) Petition and Affidavit for Extreme Risk Protection Order (    JDF 573), and
    (2) Extreme Risk Protection Order Information Sheet (    JDF 577). Both are available for free online.
     

  3. Within one court day, you speak to a judge without the other party present. If the Judge agrees that the other party poses a “substantial risk of causing personal injury to self or others in the near future” a 14-day protection order is issued and the judge appoints a free attorney to represent the other party.
     

  4. The police then hand the other party a copy of the paperwork you filed and orders from the judge.
     

  5. The other party must temporarily relinquish their firearms and any concealed carry permits in their name.
     

  6. The other party’s attorney and you (or your attorney, if you have one) try to come to an agreement about the ERPO.
     

  7. After the 14-day period, if you haven’t come to an agreement, you go back to court for a “contested hearing” (including witnesses and exhibits).
     

  8. If you win, the ERPO will be extended for 364 days.

Upcoming Events

  • Continuing Legal Education for Attorneys: Extreme Risk Protection Orders
    Continuing Legal Education for Attorneys: Extreme Risk Protection Orders
    Continuing Legal Education for Attorneys: Extreme Risk Protection Orders
    Fri, Aug 25
    Online Course
    Aug 25, 2023, 12:00 PM – 2:00 PM MDT
    Online Course
    Aug 25, 2023, 12:00 PM – 2:00 PM MDT
    Online Course
    Help prevent firearm violence while earning CLE credit. Join Bridge to Justice to learn about ERPOs in Colorado including data on judicial trends, statutory updates, best practices, and drafting examples.
  • A Professional's Guide to ERPOs
    A Professional's Guide to ERPOs
    A Professional's Guide to ERPOs
    Fri, Jul 28
    Online Conference
    Jul 28, 2023, 12:00 PM – 1:30 PM MDT
    Online Conference
    Jul 28, 2023, 12:00 PM – 1:30 PM MDT
    Online Conference
    Extreme Risk Protection Orders temporarily make it illegal for a person to have access to firearms if they pose a significant risk of harming themselves or others. This important new tool is now available to certain mental health and medical professionals in Colorado.
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