Extreme Risk Protection Order

An Extreme Risk Protection Order directs a person to surrender their firearms.  It would be illegal to access, receive, purchase, possess, have control of, or attempt to purchase or receive firearms.  It restrains the person from obtaining a concealed pistol license and orders them to surrender a license if they already have one.

A person who poses a significant danger of causing personal injury to self or others in the future by having firearms.  Factors that demonstrate such a risk include threatening or violent behavior, threats of self-harm, and abuse of drugs or alcohol.  The person who is alleged to be dangerous is call the Respondent.

A petition can be filed by an intimate partner or family or household member of the respondent or law enforcement.  The person or agency filing the case is called the Petitioner.  Family or household members include:

• Persons related by blood, marriage, domestic partnership, or adoption
• Persons who have a child in common
• Persons who reside or have resided with the respondent
• Persons who have a biological or legal parent-child relationship, including step-parents and step-children, grandparents and grandchildren, and parent's intimate partner and children
• A person who is acting or has acted as the respondent's legal guardian

Intimate partner includes:

• Current or former spouse or domestic partners
• Current or former dating relationship (age 13 or older)
• Persons who have a child in common (unless child was conceived through sexual assault)

You can download forms from www.courts.wa.gov/forms or you can get them from the Benton County Clerk's Office. The packet from the Clerk's office also provides additional instructions regarding Extreme Risk Protection Orders. 

Please read ALL forms carefully and completely to ensure all necessary documents are completed for your type of action.  Type or complete LEGIBLY in black ink, do not write on the back of any form.  If needed, use extra 8.5” x 11” straight edge sheets of white paper.

Once your forms are completed, bring them to the Benton County Clerk’s Office for filing at 1:00 pm to be presented for the court’s review at the 1:30 pm Ex Parte docket.  You must remain present while the court is reviewing your paperwork.  If your request is granted, you will receive a copy of the Temporary Order and Hearing Notice from the Clerk’s Office.

You must appear in court on your scheduled hearing date listed on your Temporary Order.  If you do not appear your Temporary Order is no longer valid, and no other Order can be issued in this case.