Colorado

Extreme Risk Protection Order

Shape of the state of Colorado in orange

Colorado’s ERPO law1 went into effect on January 1, 2020. The law was updated in April 2023.

An Extreme Risk Protection Order (ERPO) is a civil order that may be issued when a person poses a significant risk of causing personal injury to self or others by having a firearm in their custody.2 The ERPO prohibits said person from possessing or purchasing firearms. In Colorado, law enforcement, family and household members (including persons related by blood, marriage, or adoption, persons with a child in common, persons who regularly reside or regularly resided with the respondent in the last six months, domestic partners, parents, children, stepparents, stepchildren, grandparents, grandchildren, legal guardians, current or former unmarried couples), licensed medical care providers, licensed mental health-care providers, licensed educators, and district attorneys may petition for an ERPO. 3

There are two types of ERPOs: temporary ERPOs and final ERPOs. A temporary ERPO may be issued for up to 14 days, until a subsequent hearing when both the petitioner and respondent may address the court.4 On the day the temporary ERPO petition is filed (or the next day the court is open following the day the petition is filed) a hearing is held in-person or by phone.5 In advance of a hearing on a final ERPO, the court will appoint counsel to represent the respondent at the final hearing and provide notice of the hearing date no later than one court day after the date of the ERPO petition. The court may schedule a hearing by telephone.6 At this hearing, the court may issue a final ERPO, which is valid for 364 days, although it may be terminated early or extended.

Colorado’s ERPO law includes ex parte ERPOs issued by a judicial officer; a hearing where the respondent is provided notice and an opportunity to participate7; the respondent’s right to counsel;  and the requirement of relevant evidence (e.g. the enumerated factors the judicial officer must consider) to issue an ERPO.8

Colorado's Extreme Risk Protection Order

Effective: April 12, 2019

Order Type Max Duration Burden of Proof Factors to Consider Who can petition for ERPO

EX Parte Order

(Temporary order)

14

days

Preponderance of the evidence

  • Recent threats or acts of violence towards self or others;
  • Reckless firearm use;
  • Violation of civil and/or extreme risk protection orders;
  • Threats of self-harm;
  • Dangerous mental health crisis;
  • Alcohol and/or substance abuse
  • Law enforcement;
  • Family members;
  • Household members (people with a child in common; people who regularly reside or regularly resided with the respondent in the last six months; domestic partners);
  • Licensed health care professionals who have provided care to the respondent within the last 6 months (includes special service licensed school nurses, physicians, physician’s assistants, advanced practice nurses who are primary providers of health services to a respondent, and psychiatrists and emergency room medical care providers);
  • Mental health professionals who have provided care to the respondent within the last 6 months (including licensed psychologists, professional social workers, marriage and family therapists, professional counselors, addiction counselors, psychologist candidates, clinical social worker candidates, marriage and family therapist candidates, licensed professional counselor candidates, addiction counselor candidates, special service provider licensed school counselors, school psychologists, school social workers, or registered but unlicensed psychotherapists);
  • Certain educators

Final Order

364

days

Clear and convincing

Factors to Consider
  • Recent threats or acts of violence towards self or others;
  • Reckless firearm use;
  • Violation of civil and/or extreme risk protection orders;
  • Threats of self-harm;
  • Dangerous mental health crisis;
  • Alcohol and/or substance abuse
Who can petition for ERPO
  • Law enforcement;
  • Family members;
  • Household members (people with a child in common; people who regularly reside or regularly resided with the respondent in the last six months; domestic partners);
  • Licensed health care professionals who have provided care to the respondent within the last 6 months (includes special service licensed school nurses, physicians, physician’s assistants, advanced practice nurses who are primary providers of health services to a respondent, and psychiatrists and emergency room medical care providers);
  • Mental health professionals who have provided care to the respondent within the last 6 months (including licensed psychologists, professional social workers, marriage and family therapists, professional counselors, addiction counselors, psychologist candidates, clinical social worker candidates, marriage and family therapist candidates, licensed professional counselor candidates, addiction counselor candidates, special service provider licensed school counselors, school psychologists, school social workers, or registered but unlicensed psychotherapists);
  • Certain educators

For more information, visit the Colorado Courts page on ERPOs:

1 The short title of this article 14.5 is the “Deputy Zackari Parrish III Violence Prevention Act”. C.R.S. 13-14.5-101

2 C.R.S. 13-14.5-103

3 C.R.S. 13-14.5-103

4 C.R.S. 13-14.5-103

5 C.R.S. 13-14.5-103

6 C.R.S. 13-14.5-104

7 C.R.S. 13-14.5-107

8 C.R.S. 13-14.5-105