Extreme Risk Protection Orders are civil restraining orders that bar certain individuals from possessing or acquiring firearms and ammunition. Their goal is to prevent gun violence by temporarily removing guns from people who present a significant danger to themselves or others. If you or a loved one has been served with an ERPO, swift legal help is critical.
At Jennifer Horwitz Law, we have more than 30 years of success defending clients’ rights in firearms-related matters. Contact us today for a confidential consultation.
How Jennifer Horwitz Law Defends You Against an ERPO
Being served with an ERPO can feel overwhelming, frightening, and deeply unfair. Our Seattle defense team will:
- Investigate the events that led to the petition and gather evidence that supports your side.
- Explain Washington’s ERPO statutes (RCW 7.105.070) and the deadlines you must meet.
- Build a strategic response, from negotiating for dismissal to preparing for a contested hearing.
- Advocate forcefully at every stage—Jennifer Horwitz is an award-winning trial attorney recognized by Forbes “Best Seattle Lawyers,” Super Lawyers (Top Women Attorneys 2024), and Avvo (Superb rating).
Your case is handled personally by your attorney, never passed to a junior associate.
What an Extreme Risk Protection Order Does
An ERPO requires the respondent to surrender all firearms immediately and forbids that person from:
- Possessing, controlling, purchasing, receiving, or accessing firearms
- Applying for or holding a concealed-pistol license or other firearm permits
The order may be requested by family or household members, current or former intimate partners, individuals in a dating relationship, legal or biological relatives (including stepparents and grandparents), current or former guardians or by law-enforcement agencies.
Standards of Proof
- Temporary (14-day) ERPO: The court must find reasonable cause that the respondent poses a significant danger of personal injury to self or others in the near future.
- Full (one-year) ERPO: After a hearing, the judge must decide by a preponderance of the evidence that the respondent presents an ongoing significant danger.
Because judges often err on the side of caution, exaggerated or false claims can slip through. Prompt legal action helps you correct the record.
How an ERPO Is Issued
- Petition filed: The petitioner submits sworn statements in the county where either party resides.
- Court review: A judge may issue a temporary ex parte order without notifying you.
- Service and surrender: You receive the order and must surrender firearms at once. A hearing is set within 14 days.
- Full hearing: Both sides present evidence and witnesses. The judge decides whether to impose a one-year ERPO.
- Renewal or termination: The petitioner can seek annual renewals within 90 days of expiration. You may file one motion per year to terminate the order early.
Important Limits of an ERPO
An ERPO does not restrain contact, order someone to move out, or set distance requirements. If a petitioner claims harassment without a firearm threat, police may advise seeking a different civil protection order.
Defending Against an ERPO
We craft defenses that may include:
- Demonstrating inconsistencies or falsehoods in the petition
- Presenting witnesses and documentary evidence that you are not a danger
- Showing steps you have taken to address any mental-health or anger concerns
- Arguing the petitioner’s evidence fails to meet statutory standards
If a one-year order is already in place, we can file a motion to terminate it early when circumstances change.
Protect Your Rights Today
An ERPO can strip you of fundamental rights and affect your reputation. Jennifer Horwitz Law stands ready to challenge unfounded claims and safeguard your ability to own and possess firearms. Call our Seattle office now to set up a consultation and put an accomplished advocate on your side.