Extreme Risk Protection Order Defense in Maryland
Extreme Risk Protection Orders (ERPOs) in Maryland, otherwise known as Red Flag Laws, can severely impact a person’s rights. You may be forced to surrender your firearms, have police officers in your home, face issues with your job if you work in security or a related field, or need to deal with the ramifications of someone legally accusing you of being a danger.
If you have been served with an ERPO in Maryland, you want to act fast and hire a Firearm Defense Lawyer in Maryland. While a temporary ERPO may be issued right away, a defense lawyer can help you at your court hearing to fight an ERPO that may remove firearms from your possession for up to a year.
With extensive experience representing firearms defense cases in Maryland, Saller Law takes your Second Amendment rights seriously. We fight for you and your legal possession of firearms in Maryland. Our defense attorneys are committed, available, and here to represent you for ERPO defense in Maryland.
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What Are Extreme Risk Protection Orders (ERPO)
ERPOs are civil orders issued by a court to remove firearms and ammunition from the owner’s possession due to a complaint that they may be a danger to themselves or others. These civil orders are issued when a person has concerns that the owner of the firearm intends to use the firearm either to harm themselves or a third party. Only certain people can file an ERPO with the court. The respondent of an ERPO may be an adult or a minor in possession of a firearm.
The intent behind Extreme Risk Protection Orders in Maryland is to keep all citizens safe. If someone poses a risk to themselves or others, the court’s intervention could prevent injury or death. However, if you are on the receiving end of an ERPO, it can be an infringement on your Second Amendment rights. Having a firearm you legally own removed from your possession due to a civil court order can have dramatic effects on a person’s legal rights.
Who May Petition for an ERPO?
- A spouse
- A cohabitant
- Legal relative
- Legal guardian
- Co-parent
- Current intimate partner
- Law enforcement
- Medical professional who has worked with the respondent: doctor, psychologist, social worker, counselor, psychiatric or mental health nurse practitioner, licensed marriage or family therapist, health officer
What Behaviors Indicate Possible Risk?
- Alarming or aggressive behavior and/or statements
- Unlawful firearm possession
- Reckless or unlawful firearm use
- Brandishing a firearm
- Threats of violence against oneself or others
- Violating protective orders or peace orders
- Drug or alcohol abuse
- Incriminating info in health records
The Extreme Risk Protection Order Legal Process
ERPO Petition
A qualified person who has witnessed at-risk behavior must complete several court documents to file for an ERPO petition. The petitioner is the person filing the ERPO, and the person receiving the petition against them is the respondent.
A petitioner must file the petition with a description of the respondent and a summary of the respondent’s behavior or mental health. These documents can be submitted in person at the local court or online.
The petition must specifically state how the threat of danger to oneself or others with a firearm is immediate. Descriptions of the behavior, statements, owned firearms and their locations must be included. The petitioner must sign and file the petition. It is filed with the district court or district commissioner.
Interim Extreme Risk Protection Order
In some cases, the District Court Commissioner who receives the ERPO petition can approve and issue an interim extreme risk protective order, which immediately starts the process of ordering the removal of firearms from the respondent’s possession.
An Interim ERPO lasts until a temporary ERPO hearing is scheduled, but does not exceed two days after being issued. The respondent may not possess, purchase, or apply for any firearms or related purchases while under the interim ERPO.
Petition Review and Temporary ERPO Issue
A temporary ERPO hearing will be held to review the petition and hear from the petitioner if an interim order was not placed. The hearing is scheduled within a couple of days of the petition submission to the district clerk. This petition review will allow the petitioner to state their case; this can happen without the respondent in attendance.
If the judge finds grounds for the ERPO, they will issue a temporary ERPO that is valid for 7 days after it is served, although it may be extended up to 6 months to ensure it is served to the respondent.
A final hearing may replace the temporary hearing if both the respondent and petitioner are in attendance; an interim order was served instead of a temporary order; the court has personal jurisdiction over the respondent; or the petitioner and respondent consent to waive the temporary order.
Extreme Risk Protection Order Hearing and Final Decision
A final hearing will be held to determine if the extreme risk protection order will be granted for up to 1 year. If a temporary hearing was held without the respondent, the final hearing will be scheduled within 7 days of serving the temporary order.
If the respondent was served and does not appear at the final hearing, the final hearing may still be held. At the end of the final hearing, a decision will be made. A final ERPO may last up to 1 year, with the possibility for a 6-month extension if all parties have been notified and a subsequent hearing is held.
The final hearing is a chance for the respondent to reply and provide evidence defending themselves. This is where an ERPO defense lawyer in Maryland can assist in order to protect your Second Amendment rights.
The Outcome of an Approved ERPO
If the final extreme risk protection order is granted, the respondent will have to surrender all firearms and ammunition. They will not be permitted to purchase a firearm or ammunition for the length of the order.
An ERPO may also involve the police searching the respondent’s home for firearms and ammunition; surrendering carry permits; future firearm purchases; legal matters related to gun-related cases; mental health care, welfare checks, or police visits. If the respondent is a security guard, works in private security, or other related field, an ERPO may affect their livelihood and career.
An ERPO does not keep the respondent away from a person’s home, place of employment, or school, and it does not affect their contact with another person. A protective order or peace order still needs filed in those circumstances.
Fighting an Approved ERPO
If your final hearing was approved and you disagree, you may file an appeal with the county where the hearing took place. The ERPO is still in effect until a judge rules otherwise. A qualified lawyer can assist with the defense and appeal process. Respondents also have the option to petition to rescind the order if they are unable to request an appeal.
An ERPO defense lawyer at Saller Law can discuss options and the best course of action.
Penalties for Violating an Extreme Risk Protection Order
Violating an Extreme Risk Protection Order is a crime and has criminal penalties. The respondent may have misdemeanor charges, fines, and jail time.
The fines start at $1,000 but may increase to $2,500 with repeated violations. Jail time starts at 90 days and can be increased up to a year. The respondent can be arrested with or without a warrant if law enforcement has probable cause.
How Saller Law Can Help Your ERPO Defense
Being served an ERPO can be a stressful and frightening experience. The sudden approval of an interim defense order can leave respondents unexpectedly with police officers in their home and an order to surrender all firearms.
Whether you are appearing at a temporary hearing, final hearing, filing an appeal, or looking to file a petition, the right ERPO defense team can help. Saller Law specializes in firearms defense cases in Maryland. We are here to protect your rights.
Work with us to collect and provide evidence, form a strong defense, and demonstrate why an ERPO should not be granted or should be appealed or rescinded. Call today, act fast – ERPO cases work quickly, and so do we.
