Extreme Risk Protection Orders (also known as "Red Flag" Orders)

IF YOU BELIEVE SOMEONE IS IN IMMEDIATE DANGER CALL 9-1-1

Starting on Monday, February 23, 2026, the Judicial Branch will accept petitions for Extreme Risk Protection (ERPO) orders under Title 25 of the Maine Revised Statutes Section 2244. Forms are available at all district courts and on the Forms page of the Judicial Branch website.

What does an ERPO do?

An ERPO prevents a person (the respondent) from purchasing, possessing, receiving, or having custody or control of a dangerous weapon. An order can last for up to one year, unless renewed, and requires a respondent to give their weapons to law enforcement. The respondent may have their weapons back after the order has ended.

Who is eligible to ask for an ERPO?

• Certain family or household members;* and
• Law enforcement officers or agencies.

Are there other types of protection that the court can provide if I have been abused or experienced violence?

If you have experienced abuse or violence by the respondent, you may also be eligible for other forms of relief, including a protection from abuse order. If you want to explore your options, you may want to contact a domestic violence or sexual assault advocate. Their services are free and confidential. To contact an advocate, call:

• Domestic Violence Statewide Hotline: 1-866-834-HELP
• Sexual Assault & Harassment Statewide Hotline: 1-800-871-7741

ERPO Process

Filing a request during regular courthouse hours

If you need an ERPO during regular courthouse hours, go to your local district court. The courts are open Monday to Friday from 8:00 a.m.—4:00 p.m., except for court holidays, administrative weeks, or closing due to storms or emergencies. The clerk’s office will provide you with forms and let you know the hearing date on your petition. You may also download the form, Affidavit and Petition for Extreme Risk Protection Order (“Red Flag”) (CWR-001) from the Forms page of the website. Fill out and sign the forms in front of a notary, attorney, or court clerk and give them to the clerk. There is no fee to file a petition.

Filing a request when the court is closed

If you need an ERPO after hours or when the court is closed, contact your local law enforcement agency directly. Law enforcement may be able to help in other ways, but the court will not issue an after-hours red flag order.

What information do I need to give to the court in a petition for an ERPO?

The ERPO law provides that you must show that the person you are filing the petition against (the respondent) poses a significant danger of causing physical injury to themselves or another person by purchasing, possessing or receiving a dangerous weapon or by having or attempting to have custody or control of a dangerous weapon. The petition needs to contain specific facts and as much detail as possible.

When will a hearing be scheduled on my petition?

The hearing on the petition must be held within 14 days of the filing the petition. The clerk can tell you when your hearing will be.

How do I prepare for the hearing?

At the hearing, both the petitioner and respondent must be ready to give evidence, testify, and if necessary, call witnesses. Bring any documents or information relevant to the claims in the petition.

The petitioner goes first and has the burden of proof. The respondent has an opportunity to challenge the evidence presented by the petitioner.

Can I get an emergency order right away?

When you file your petition, you can request an emergency order.  If the court grants the request, the emergency order will require the respondent to relinquish (give) the dangerous weapons to the law enforcement officer serving the emergency order until a final hearing on the petition. If you do not request an emergency order, or if your request is denied, the respondent will not have a restriction on their weapons leading up to the hearing. 

Do I need to tell the respondent that I am filing a petition?

No. Once you file a petition, the clerk will arrange for a law enforcement officer to serve the respondent. 

How long does an Extreme Risk Protection Order last?

An ERPO can last up to one year. At the end of that period, a petitioner can request to extend the order for up to one year by filing a motion to renew. The motion must be filed not more than 30 days and not less than 14 days before the expiration date of the order. The respondent may move to terminate (end) an order once while the order is active.

Who is entitled to a court-appointed attorney in an ERPO proceeding?

If the respondent cannot afford an attorney, the court will appoint an attorney for them. The petitioner is not eligible to have a court-appointed attorney. If you are a petitioner, you may represent yourself, hire an attorney, or contact a legal services organization for more information.

 

*25 M.R.S. Section 2242 (4) defines "family or household members" to include the following: a spouse or domestic partner of the respondent, an individual presently or formerly living with the respondent as a spouse of the respondent, a parent of a child of the respondent, an adult sibling of the respondent, an adult child of the respondent, a parent of the respondent or an adult presently living with the respondent.