Law Enforcement
Law enforcement officials play a crucial role in identifying individuals who are dangerous to themselves or others for whom an ERPO is appropriate, petitioning for ERPOs, safe service of ERPOs, and removal of firearms. In this section, learn more about the importance of law enforcement officials in the ERPO filing and service process as well as best practices and model policies for the order service and firearm removal process.
What is an ERPO?
On February 13, 2024, Michigan enacted a “red flag law”, formally known as an Extreme Risk Protection Order (ERPO) law. ERPO laws authorize civil courts to temporarily restrict people at risk of harming themselves or others from possessing or purchasing firearms. In Michigan, law enforcement, families and household members, and healthcare providers can file an ERPO petition. In this section, learn more about Michigan’s ERPO law, who can file an ERPO petition, and what happens when an ERPO is filed in the Great Lakes State. If you are in immediate danger, call 911. If you are experiencing a crisis, call or text 988.
Learn More about Michigan’s Extreme Risk Protection Order
Filing an ERPO in Michigan
In Michigan, the Extreme Risk Protection Order (ERPO) law allows law enforcement, families and household members, and healthcare providers to file an ERPO petition. In this section, learn about the ERPO filing process in Michigan, from accessing and submitting court forms to the hearing process, as well as what options are available after an ERPO is ordered. If you are in immediate danger, call 911. If you are experiencing a crisis, call or text 988.
An ERPO petition in Michigan is called a complaint. The person filing an ERPO complaint, referred to as the petitioner, must fill out the relevant complaint forms and submit them to the family division of the circuit court. The complaint should describe the specific facts that show someone, known as the respondent, is at a significant risk of harming themselves or others. The respondent does not need to currently be in possession of a firearm for the petitioner to file an ERPO complaint.
If the petitioner believes the respondent is at risk of harming themselves or others in the very near future, the petitioner may indicate on the complaint form that they are requesting an ex parte order. An ex parte ERPO complaint will receive priority from the court to review, and will be decided without a hearing. If filing an ex parte complaint, the petitioner must detail why they feel an ex parte order is appropriate.
The petitioner must state, if known, whether there are currently any other legal actions, orders, or judgements, including another ERPO complaint or order, affecting the respondent. The petitioner must also state, if known, whether the respondent is a member of law enforcement or otherwise required to carry a firearm for their occupation.
The court will determine, based on the information detailed in the complaint and by the petitioner’s and respondent’s testimonies (if there is a hearing), whether an ERPO is necessary. The factors that the court may consider include, but are not limited to:
- Use of physical force or violence
- Prior or current legal injunctive orders
- ERPO or Personal Protection Order violations
- Criminal offences
- Alcohol or controlled substance abuse
- Unlawful use of deadly weapons or ammunition
- Serious mental illness or emotional disturbance
The following forms are used to begin the ERPO petition process:
If the respondent is an adult, use Form CC 452.
If the respondent is a minor, use Form CC 452m.
All complaints must include a Confidential Information Form, Form CC 450, which records the petitioner’s address. This form is kept confidential by the court. *Please note: this form only keeps the petitioner’s address confidential. Other information about the petitioner might not be kept confidential.
If the petitioner is a minor or legally incompetent/incapacitated, a Request for Next Friend and Order Form, Form CC 465, must be filled out. The Next Friend will take the responsibility of the complaint on behalf of the petitioner.
ERPO complaints must be filed to the family division of the circuit court. Circuit court jurisdictions are typically, but not always, along county borders.
- If the respondent is an adult, the petitioner can file the complaint in any county in Michigan, regardless of where the respondent or petitioner reside.
- If the respondent is a minor, the complaint must be filed in either the petitioner’s or the respondent’s county of residence.
- If the respondent does not reside in Michigan, the petitioner must file in their own county of residence.
If the ERPO petition does not indicate that an ex parte ERPO is requested, a hearing will be scheduled within 14 days for the court to determine if an ERPO is necessary. It is required for ERPO petitioners to attend a hearing with the court to review the complaint and the evidence for why an ERPO may be necessary. If the petitioner does not attend, the ERPO will be not be granted. When the petitioner requests a hearing (meaning they do not request an ex parte ERPO), the petitioner is responsible for providing a copy of the complaint and notice of the hearing to the respondent. If the respondent is a minor, the petitioner is responsible for serving the respondent’s parent(s) or legal guardian(s). The respondent is not required to attend the hearing. Both the petitioner and the respondent may have lawyers present, but this is not required. If requested, the court may allow the hearing to be conducted via videoconferencing.
If a complaint is filed ex parte, the court will decide on issuing the ERPO without a hearing. If an ex parte request is rejected by the court, the petitioner can still request a hearing within 21 days of the denial. That hearing would be scheduled within 14 days of the request. If an ex parte ERPO is ordered, the respondent will have the opportunity to request a hearing within 7 days of receiving the order, and the hearing will be scheduled within 14 days of the request.
*Please note: A hearing would be scheduled within 5 days if the respondent is a member of law enforcement or otherwise is required to carry a firearm for their occupation.
The court will decide whether to grant or deny an ERPO, based on the evidence, and will provide a written justification for their decision.
If an ERPO is granted, unless otherwise specified by the court, the petitioner is responsible for serving the order to the respondent and returning the proof of service document attached to the order back to the court. The respondent must turn in all of their firearms to law enforcement if they had any in their possession. If allowed by the court, the respondent may turn in their firearms to a licensed firearm dealer instead.
The court may specify that firearms must be turned in immediately, in which case a member of law enforcement will serve the ERPO to the respondent. In this case, the court may also grant an anticipatory search warrant to the law enforcement officer to search the respondent’s property for any firearms if the respondent refuses to comply with the order.
An ERPO in Michigan will last up to one year, during which the respondent is prohibited from possessing or purchasing firearms. If the respondent does not follow the order, they may face penalties such as fines or even jailtime. The petitioner may request to modify or rescind the ERPO at any point during the duration of the order. The respondent has the right to appeal to modify or end the order once per six month period of the order. At the end of the order, the petitioner or the court may motion to extend the order.
Petitioners and respondents may both use the Motion to Modify, Extend, or Terminate Order Form, Form CC 460, to request the court to change the ERPO. A hearing will be scheduled 14 days after the motion is submitted. Whoever submits the motion must notify the other party of the hearing.
When the ERPO ends, unless prohibited for another reason from possessing firearms, the court will order that the respondent will be allowed to possess and purchase firearms once again, and may reclaim any firearms turned into law enforcement or a licensed firearm dealer. The respondent has 90 days to reclaim any firearms; after 90 days, law enforcement may destroy the firearms if they are not reclaimed.
Please note: filing a complaint as a petitioner means you may be responsible for informing the respondent of the ERPO hearing as well as be responsible for serving the ERPO to the respondent. While petitioner addresses are kept confidential by the court, other personal information may not be. The petitioner’s identity will be known to the respondent.
If you are unsure, unable, or uncomfortable to serve as the petitioner, but still believe you need to file an ERPO complaint, contact your local law enforcement and request that they file an ERPO complaint on your behalf.
Not in Michigan?
see how to file an ERPO in your stateImmediate Emergency Ex Parte Petitions
Law enforcement officers are able to file an immediate emergency ex parte ERPO petition. These petitions are filed over the phone by a law enforcement officer responding to a complaint and the officer reasonably believes that an individual involved in the complaint is at risk of harming themselves or others in the near future. If granted by the judge, the officer then immediately verbally serves the respondent with the order. The officer will file a sworn written petition within one business day of the ERPO being issued.
Immediate Emergency Ex Parte Petition Process
- An officer is responding to a complaint, and reasonably believes someone at the scene is at imminent risk of harming themselves or others.
- The officer calls the on-call judge within that jurisdiction to verbally request an immediate emergency ex parte ERPO.
- The officer asks the judge for permission to record the conversation for evidence purposes, then records the conversation using their body camera or another recording device. The judge may also record the conversation for court record purposes.
- The officer explains the situation to the judge and why they believe an immediate emergency ex parte ERPO is necessary.
- The judge will determine whether to grant an ERPO or not.
- If the judge grants the order, the officer must verbally notify the respondent of the order and advise where they can obtain a copy of the order.
- Within one business day, the officer must file Form CC 455, Sworn Written Petition After Immediate Emergency Ex Parte Extreme Risk Protection Order. If this form is not filed within one business day, the ERPO will be terminated.
Anticipatory Search Warrants
If the respondent does not turn in all of their firearms and/or concealed pistol license or allow law enforcement to enter their property and retrieve their firearms, law enforcement can file for an anticipatory search warrant. If the court orders immediate surrender or firearms, officers may file an affidavit requesting an anticipatory search warrant. Some courts request that an anticipatory search warrant be requested alongside an ERPO petition and will rule on both simultaneously.
Affidavits for Anticipatory Search Warrants are filed using Form CC 458a.
ERPO for Law Enforcement Officers
Law enforcement officials also play a crucial role in the ERPO petition process, safe service of ERPO orders and firearm dispossession. In this section, learn more about the importance of law enforcement officials in the ERPO filing and service process as well as best practices and model policies for the order service and firearm dispossession process.
ERPO Model Policies
When implemented well, ERPOs have shown to be life-saving measures across the country. Law enforcement at the state and local level require clear, detailed policies and protocols when serving ERPO orders and dispossessing firearms. Written ERPO policies and protocols which take into account both how individual jurisdictions operate as well as the unique, local landscape are crucial for successful ERPO implementation. Below are model policies designed by jurisdictions across the country to provide examples of the ERPO process for law enforcement from start to finish.
Best Practices for Implementation
Issue ERPO Pocket Cards
Law enforcement agencies should consider issuing pocket cards for officers in the field who may encounter a case where an ERPO is necessary. These pocket cards should briefly outline the basic steps officers should take for filing an immediate emergency ex-parte ERPO petition – in accordance with the agency’s ERPO policy – and provide a link or QR code to the agency’s ERPO policy for additional information.
Dedicate ERPO Coordinators
Having staff specifically trained on ERPOs and oversee ERPO cases can be helpful in maintaining successful ERPO implementation in law enforcement agencies. ERPO specialists can operate in a variety of ways: serving as the agency’s main point of contact on ERPO matters, developing ERPO protocols, steward ERPO data, and more, in order to streamline the ERPO process and mitigate administrative burden on law enforcement officers.
Work with Community Groups and Leaders
Law enforcement should work with local leadership and community organizations in establishing working groups to develop a locally-appropriate implementation program. Social service providers, healthcare providers, mental health services, domestic violence advocacy groups, community violence intervention and violence interrupter programs, veteran groups, and more may have unique perspectives on how to connect respondents with wraparound services and other support.
Employ Co-Responder Teams and Crisis Intervention Teams
Many ERPO orders are filed in cases where the respondent is in emotional or behavioral health crisis. A co-responder team, made up of a law enforcement officer and a mental health crisis worker or social worker, works together to serve ERPO orders and conduct firearm dispossession. Through their combined expertise, the team is better able to enhance crisis de-escalation and link respondents in crisis to appropriate services or provide other effective and efficient responses. For more information on co-responder teams, read this best practice guide on co-responder team models.
Jurisdictions may train existing crisis intervention teams on ERPO implementation. Crisis intervention teams are designated teams who are trained to respond to mental illness calls. Jurisdictions may also create a designated ERPO response unit for serving ERPO orders, dispossessing firearms, and holding accountable those who do not comply with the ERPO. King County, Washington employs a Regional Domestic Violence Firearms Enforcement Unit, which is specifically designated to implement ERPO orders and proactively prevent and reduce harm.
Support Civilian Petitioners
Michigan allows for civilian petitioners, such as intimate partners, family or household members, and healthcare workers. In addition to establishing an ERPO coordinator to assist with any questions, public facing materials explaining what ERPOs are, what the petition process is like, and how to file a petition, should be easily accessible for all potential petitioners.
Coordinate with Respondent’s Support Network
Typically, even if a civilian files the ERPO petition, law enforcement is required to serve the order and conduct firearm dispossession. Officers should coordinate with the respondent’s support network if possible to develop a plan for safe service and dispossession. Considerations for safe service and dispossession include having the petitioner or other loved ones present during the process, what the respondent’s attitude toward law enforcement is, what the respondent’s daily schedule is, and what the respondent’s behavioral state may be. Information about the respondent’s day-to-day lifestyle and mental state can be beneficial for officers to develop a service and dispossession plan that lessens risk. Engaging with the respondent’s support network may also be a key opportunity to inform them of crisis and long-term help resources which may be available to the respondent.
Communicate with the Victimized Party when Filing an ERPO for Interpersonal Violence Risk
When law enforcement files an ERPO petition where the threat of harm is interpersonal, especially in domestic violence or child abuse cases, the victimized person or persons might not be kept informed or even aware of the ERPO petition and/or subsequent order. In some cases, abusers may seek retaliation on the victimized party, even if they did not petition an ERPO or are not even aware of it. Steps should be taken to keep the victimized party informed of any legal action involving the respondent, so that they may safety plan accordingly.