efsgv.org Educational Fund to Stop Gun Violence July 2018
Extreme Risk Protection Orders vs. Domestic Violence Restraining Orders
How are they different?
What is an Extreme Risk Protection Order (ERPO)?
An Extreme Risk Protection Order (ERPO) (also known as Gun Violence Restraining Order, Lethal
Violence Protection Order, among others) is a civil order that temporarily prohibits individuals at risk of
harming themselves or others from purchasing and possessing firearms. Depending on the state, a law
enforcement officer and/or family or household member of an individual at risk may petition a court for
an ERPO. As of July 2018, thirteen states have an extreme-risk law: California, Connecticut, Delaware,
Florida, Illinois, Indiana, Maryland, Massachusetts, New Jersey, Oregon, Rhode Island, Vermont, and
Washington. ERPOs are based on the well-established system of Domestic Violence Restraining Orders.
What are Domestic Violence Restraining Orders (DVROs) and No Contact Orders?
Domestic Violence Restraining Orders (DVROs) (also known as protection orders and no contact orders,
among others) give survivors of domestic violence a mechanism to protect themselves from further abuse.
DVROs can offer multiple types of provisions, including but not limited to, no contact provisions, stay
away provisions, move out provisions, counseling provisions, and firearms provisions.
How are ERPOs and DVROs different?
Petitioners
Family and household members and law enforcement can petition for ERPOs. Law enforcement
cannot petition for DVROs.
Protections
The individuals protected
ERPOs may protect the petitioner, third parties, and the respondent. DVROs protect the petitioner
[and other named third parties]. Unlike DVROs, ERPOs can be used in situations when the subject
is at risk for suicide.
The protections offered
ERPOs offer one type of protection -- they only address access to firearms for individuals at an
elevated risk of violence to self or others. DVROs can offer multiple types of protections through
provisions, including no contact provisions, stay away provisions, move out provisions, counseling
provisions, and firearms provisions.
Conclusion
ERPOs only offer firearms protections by temporarily removing firearms from individuals at risk of
harming themselves or others, whereas DVROs can offer multiple types of protections for individuals
experiencing domestic violence. It is critical for family members, advocates, domestic violence survivors,
and law enforcement to work together to decide the best course of action.
