Michigan

Extreme Risk Protection Order

Last updated 02/15/2024 M.C.L. §§ 691.1801 -691.1821
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Michigan’s Extreme Risk Protection Order (ERPO) bill was signed into law by Governor Whitmer in May 2023 and went into effect on February 13, 2024.1

In Michigan, law enforcement, family and household members (including current or former dating partners), persons with a child in common with the respondent, guardians, and certain healthcare providers can petition for an ERPO.2 Consistent with many states’ ERPO laws, a court may issue an emergency ERPO if there is evidence that immediate and irreparable injury, loss, or damage, will result from delay. A temporary order must be decided upon within one business day of a petition,3 and shall generally last no more than 14 days if a hearing is requested by the subject of an emergency ERPO. A law enforcement officer may request an emergency ERPO via telephone.4

Respondents to ERPOs must relinquish any firearms in their possession to law enforcement or, if allowed by the court, to a licensed firearm dealer, and cannot possess firearms for the duration of the order. Respondents must also surrender a concealed pistol license.5

In deciding whether to issue an ERPO, the court shall consider a list of factors, including whether the individual is at an elevated risk of harm to self or others, a history of use or threatened use of physical force, evidence of serious mental illness, prior protective or injunctive orders, criminal history, unlawful drug use, alcohol abuse, unlawful possession of a deadly weapon, evidence of deadly weapon acquisition, among others.6 An ERPO expires one year after entry of the order.7

The court shall schedule a compliance hearing no later than five days after an ERPO is served or after the respondent receives notice of the order. The hearing can be canceled if the respondent has already complied with the order.8 A bench warrant and search warrant shall be issued if the respondent fails to comply with the order or fails to appear at the compliance hearing.9

Michigan’s ERPO law includes emergency ERPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government); and the requirement of relevant evidence to issue an ERPO.10

1 https://www.michigan.gov/whitmer/news/press-releases/2023/05/22/whitmer-signs-extreme-risk-protection-order-legislation-to-keep-michigan-communities-safe

2 MCLS § 691.1805

3 MCLS § 691.1807

4 MCLS § 691.1807

5 MCLS § 691.1809A

6 MCLS § 691.1807

7 MCLS § 691.1809

8 MCLS § 691.1810

9 MCLS § 691.1810

10 MCLS § 691.1807

Michigan's Extreme Risk Protection Order

Effective: February 13, 2024

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

Ex Parte Order

(Emergency order, if applicable)

1

year
(Unless a hearing is requested, which then must be held within 14 days) (same for emergency orders)

Clear and convincing

  • threats or acts of violence towards self or others;
  • history of violence; serious mental illness;
  • previous protection orders;
  • reckless use, display, brandishing of firearms;
  • recent acts of cruelty to animals;
  • violations of protection orders;
  • criminal charges for assault and/or domestic violence;
  • alcohol and/or substance abuse;
  • recent acquisition of firearms or deadly weapon
  • law enforcement;
  • family members;
  • household members (people with child in common, dating partners, people who reside together);
  • mental health professionals

Final Order

 

1

year

Preponderance of the evidence

Factors to Consider
  • threats or acts of violence towards self or others;
  • history of violence; serious mental illness;
  • previous protection orders;
  • reckless use, display, brandishing of firearms;
  • recent acts of cruelty to animals;
  • violations of protection orders;
  • criminal charges for assault and/or domestic violence;
  • alcohol and/or substance abuse;
  • recent acquisition of firearms or deadly weapon
Who can petition for ERPO
  • law enforcement;
  • family members;
  • household members (people with child in common, dating partners, people who reside together);
  • mental health professionals