Colorado’s Extreme
Risk Protection Order:
A Vital Tool for Safety

To seek an extreme risk protection order, a family or household member, licensed health care professional, mental health professional, or educator can fill out and file the application directly with the court. They can also contact a member of law enforcement to discuss their concerns. Law enforcement can then investigate these concerns and request an extreme risk protection order from the court.

Under Colorado law, a law enforcement officer, a person’s family or household member, a licensed health care professional or mental health professional,* or an educator** may file a petition for an extreme risk protection order.

A family or household member is defined as: 

• A person related by blood or marriage or adoption;
• A person who has a child in common with the person; 
• A person who has a biological or legal parent-child relationship with the person, including stepparents, and grandchildren;
• A domestic partner;
• A person who regularly resides or regularly resided with the person within the last six months; or 
• A person who is acting or has acted as the person’s legal guardian. 

* A licensed health care professional or mental health professional may file a petition for an extreme risk protection order if they provided care to the person or their child through a direct professional relationship within six months before filing the petition.

A licensed health care professional or mental health professional is defined as:

• A physician;
• A physician assistant;
• An advanced practice registered nurse;
• A psychiatrist;
• A school nurse,  school counselor, or school social worker;
• A licensed emergency room medical care provider;
• A psychologist;
• A licensed professional social worker;
• A marriage and family therapist or marriage and family therapist candidate;
• A licensed professional counselor;
• An addiction counselor licensed or addiction counselor candidate;
• A registered psychologist candidate;
• A clinical social worker candidate;
• A licensed professional counselor candidate; or
• An unlicensed psychotherapist

** An educator may file a petition for an extreme risk protection order if they interacted with the person or their child through a direct professional relationship within six months before filing the petition.

An educator is defined as: 

• A teacher employed to instruct students or a school administrator in a school district, private school, charter school institute, or an individual charter school; or 
• A faculty member at an institution of higher education

Once the court receives a request (called a “petition”) for an extreme risk protection order, the court will notify the person and schedule a court hearing about whether the order should be issued.  

If, at the hearing, a court finds that a person poses a significant danger of injury to themselves or others with a firearm, the judge will issue a court order that requires the person’s firearms to be held by law enforcement or a licensed firearms dealer for as long as the order is in effect.

Also, the person will not be able to purchase new firearms while the order is in effect.

Concern for the safety of the person, or the public, may demand that action be taken before the scheduled hearing date, to prevent immediate danger.  

To protect a person or public safety during this time, a judge may issue an emergency extreme risk protection order that restricts a person’s access to firearms before the person has been notified of the petition, and before a full hearing is held.

In Colorado, an emergency order is called a temporary order and only lasts until the court hearing on a final extreme risk protection order. 

The temporary extreme risk protection order is up to 14 days until a subsequent hearing is scheduled where the respondent and petitioner can be present to discuss a final extreme risk protection order.

A final extreme risk protection order lasts for one year. At the end of one year, the person who petitioned for the order, another family or household member, or a law enforcement officer may ask the court to renew it. The order can only be extended after a court hearing.

No. An extreme risk protection order is a civil court order. Its sole purpose is to remove firearms from a person who is at high risk of causing harm to themselves or to others. The court’s decision to issue the order does not cause the person to have a criminal record.

Even if you don’t fall into any of the categories mentioned above, you can still take action in moments of crisis. If you are worried about someone who is showing warning signs of being at risk of self-harm or harming someone else, you can contact a law enforcement officer and ask that they seek an extreme risk protection order.