If you are served with an Extreme Risk Protection Order (ERPO), don’t panic. An ERPO does not mean you are going to jail or will never be able to own a firearm.
Our Seattle criminal defense attorney can help you fight an ERPO and regain complete freedom including the freedom to bear arms.
The Purpose of an ERPO
ERPOs are important legal tools to prevent violence and self-harm. The purpose of granting an ERPO is to protect a party who claims to have been attacked, threatened and/or stalked. An ERPO can also be granted to protect oneself against potential harm such as suicide.
The primary aim of this legal measure is to prevent a dangerous individual from buying or possessing a firearm. The ERPO can also force the seizure of a dangerous individual’s firearm. Prior to ERPOs, there were no “red flag laws” on the books to prevent potentially dangerous people from taking the lives of others.
The catch is that some ERPOs are granted when they are not justified. Scorned individuals, individuals with agendas, and those who are paranoid sometimes seek ERPOs for unjust reasons. Sufficient cause must be shown to obtain an ERPO.
If the ERPO is granted without showing specific cause, our attorneys will build a legal argument based on those facts. The bottom line is that if you have not threatened someone or threatened to commit suicide, this “red flag” law should not be applicable.
The quality of your criminal defense attorney in Seattle ultimately shapes the outcome of your case. In some situations, a criminal defense attorney’s strategic response to the ERPO is more important than the actual facts.
Fighting an ERPO
You have the right to challenge an ERPO filed against you. However, it is a mistake to fight an ERPO on your own. Meet with our legal team, tell us the facts of your situation and we’ll tailor a legal argument accordingly. Even if you have a history of mental illness or a criminal record, the right legal defense against an ERPO may preserve your freedom.
Our Seattle criminal defense attorney will fiercely advocate on your behalf in a court of law to prove you are not dangerous to others and yourself. As an example, if the petitioner does not provide credible or sworn evidence to the judge who determines the fate of the ERPO, we will highlight those flaws to prove there is not an extreme risk for violence.
The end goal is to preserve your freedom including the right to bear arms for self-defense and defense of your property. Our legal team can also request that the judge seal your court record from public view using a Motion and Declaration to Seal Records of Extreme Risk Protection Order. Such a request can be made at the ERPO hearing, during the life of the order, and after the order ends.
Learn More During a Consultation With a Seattle Criminal Defense Attorney
Have you been targeted with an ERPO? Our criminal defense attorney in Seattle can help restore your freedom. Contact Jennifer today to schedule a consultation.