It is important to note that the standards of proof for an ex parte order are typically more lenient than those for a final order. Clear and convincing evidence – there is overwhelming evidence to suggest that an act of violence by the individual is imminent.The preponderance of evidence – there is clear evidence that states the individual is more likely that not to commit an act of violence.Reasonable, probable, or good cause – evidence is not explicitly saying the individual is immediately dangerous, but any reasonable person may assume that the individual may pose a danger.Generally, this falls into three categories: Because the ERPO is a civil action, the standards of proof may vary from state to state. What Proof is Required to Petition for an ERPO?Īn extreme risk protection order is only issued if the petitioner can provide enough evidence to show the person in question is at a high risk for committing acts of violence. Vermont has the most narrow scope when it comes to permissible individuals: an ERPO can only be filed by a State’s Attorney or the Office of the Attorney General. District of Columbia – mental health professionalsįive states only allow law enforcement officers or other state officials with a similar capacity to petition: Florida, New Mexico, Rhode Island, Vermont and Virginia.Maryland – specific mental health professionals and other medical workers.Hawaii – medical professionals, educators, and coworkers.California – employers, coworkers, and certain school employees (starting September 1, 2020).Of these states, five allow individuals other than family and household members to petition. Law enforcement officers or other similar professionals.Who Can Petition for Red Flag Laws?ġ2 states and the District of Columbia allow the following individuals to petition for an ERPO. The criteria and process for each step of the process may differ from state to state. This states that the individual may not have access to guns or other specified weapons for a longer duration of time. ![]()
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