Extreme Risk Protection Order in Michigan: Petition, Hearing, and Penalties

An Extreme Risk Protection Order in Michigan is a civil court order that temporarily strips a person of the right to possess or buy firearms when a qualifying petitioner convinces a judge they pose a serious risk of physically injuring themselves or someone else. The law took effect in 2023, and a final order lasts up to one year, with criminal penalties for violating it.

Who Can Petition for an ERPO

Michigan’s statute lets a defined group file in the family division of the circuit court. Eligible petitioners include:

Spouses and former spouses of the respondent
Someone who shares a child with the respondent
A current or former dating partner
Someone who lives or has lived in the same household
Family members, including parents, children, and siblings
A guardian of the respondent
Law enforcement officers
Healthcare providers, if filing does not violate HIPAA or physician-patient confidentiality rules¹

A friend, neighbor, or coworker who falls outside those categories cannot file directly. In that situation, the usual route is to bring concerns to a family member who qualifies or to local law enforcement.

How a Court Issues the Order

Emergency Ex Parte Orders

When the danger is immediate, a judge can issue a temporary ERPO without first notifying the respondent. To skip notice, the petitioner must show by clear and convincing evidence that waiting would cause immediate and irreparable harm, or that giving notice would itself trigger dangerous behavior before the court could act.² This is the highest evidentiary standard in the ERPO process, and it applies only to the question of whether notice should be waived.

If the court grants the ex parte order, the respondent can request a hearing, which must be held within 14 days of service.²

The Full Hearing

Both sides can present evidence, call witnesses, and cross-examine. The respondent has the right to be present and to be represented by an attorney.³

The judge issues a final ERPO if the petitioner proves, by a preponderance of the evidence, that the respondent can reasonably be expected to seriously injure themselves or someone else by possessing a firearm, and that the respondent’s conduct or threats support that expectation.⁴ Preponderance means “more likely than not,” a lower bar than the clear and convincing standard that governs ex parte relief.

In weighing that question, the statute directs the court to consider the respondent’s history of threatened or actual physical force, evidence of serious mental illness or emotional disturbance that makes them dangerous, prior protection orders or probation terms, past violations of an ERPO or PPO, criminal history involving assault, stalking, threats, domestic violence, or animal cruelty, and any recent acquisition of firearms or ammunition. No single factor is decisive, but the court must weigh them together.⁴

What the Order Requires

Once a final ERPO issues, the respondent has concrete obligations:

Surrender all firearms in their possession or control within 24 hours of being served, or immediately if the court so orders. Firearms go to the designated law enforcement agency or, if the court permits, to a licensed firearm dealer from the circuit court’s approved list.
Refrain from buying or possessing any firearm for the duration of the order.
Surrender any concealed pistol license, which is suspended or revoked once the order is entered into the law enforcement information network.
Surrender any unused license to purchase a pistol.

The 24-hour window is strict. Missing it is itself grounds for arrest.³

How Long It Lasts

A final ERPO expires one year after the date it is issued.³ Before it expires, the petitioner or the court can move to extend it another year under the same preponderance standard. Extensions can be stacked, so an order could remain in place for several years through successive renewals.²

Ending It Early

A respondent can ask the court to modify or terminate the order before it expires, but the law caps how often. One motion is allowed in the first six months, and one more in the second six months. Extra motions beyond that can be dismissed without a hearing.² The respondent carries the burden, proving by a preponderance of the evidence that they no longer pose a risk of serious physical injury through firearm possession.

Penalties for Violating the Order

Violations escalate quickly from misdemeanor to felony:

First offense: misdemeanor, up to 93 days in jail, a fine of up to $500, or both
Second offense: felony, up to four years in prison, a fine of up to $2,000, or both
Third or subsequent offense: felony, up to five years in prison, a fine of up to $20,000, or both

These penalties stack on top of any charges arising from the same conduct, so a respondent who violates an ERPO while committing an assault faces both charges.⁵ Any violation also triggers an automatic extension of the order.³

Filing a false petition carries its own exposure. ERPO petitions are signed under penalty of perjury, and knowingly making false statements is a felony punishable by up to 15 years in prison under Michigan’s general perjury statute.⁶

Getting Firearms Back

Law enforcement in the respondent’s jurisdiction stores surrendered firearms, subject to the court’s order. The court can also allow surrender to a licensed firearm dealer from a list each circuit court maintains.⁷

Once the ERPO expires or is terminated, the respondent can reclaim the firearms, unless they are otherwise prohibited from possessing them. The window is 90 days. After that, the agency can dispose of them through the same process used for other unclaimed property.⁸ If you don’t act within 90 days, you can lose the firearms permanently.

Federal Consequences That May Apply

Michigan’s order creates state-level firearm restrictions, but a separate federal prohibition may also apply. Under 18 U.S.C. § 922(g)(8), it is a federal crime to possess a firearm while subject to a qualifying protection order, with up to ten years in prison on conviction.

Not every ERPO triggers the federal prohibition. The federal statute requires that the respondent received notice and had an opportunity to participate in a hearing, that the order involves an “intimate partner” (spouse, former spouse, cohabitant, or co-parent), that it restrains the respondent from threatening or harassing that partner or their child, and that it either includes a credible-threat finding or expressly prohibits physical force.⁹

In practice, an ERPO obtained by a spouse or former partner after a full hearing is more likely to qualify for the federal prohibition than one obtained by a law enforcement officer or healthcare provider. The analysis is fact-specific, and anyone subject to an ERPO should assume federal exposure is possible on top of state consequences.

What an ERPO Is Not

An ERPO is a firearm restriction, not a treatment order. The court must consider evidence of serious mental illness or emotional disturbance when deciding whether to issue the order,⁴ but the law does not require evaluations or mandate treatment. Families or respondents who need mental health, substance use, or crisis services should reach out separately, through a local Community Mental Health agency or by calling or texting 988.

1
Michigan Legislature. MCL – Section 691.1805 – Extreme Risk Protection Order Act (Excerpt)
2
Michigan Courts. Manual – Extreme Risk Protection Order
3
Michigan Legislature. MCL – Section 691.1809 – Extreme Risk Protection Order Act (Excerpt)
4
Michigan Legislature. MCL – Section 691.1807 – Extreme Risk Protection Order Act (Excerpt)
5
Michigan Legislature. 2023-SFA-0083-C
6
Michigan Legislature. MCL – Section 750.423
7
Michigan Legislature. MCL – Section 691.1818 – Extreme Risk Protection Order Act (Excerpt)
8
Michigan Legislature. Summary as Enacted (2/9/2024) – House Bill Analysis
9
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts