Extreme Risk

Protection Order Act

(2023 PA 38)

2024 Annual Report

February 2025

State Court Administrative Office

 Table of Contents
Introduction............................................................................................................3
Judicial Implementation.....................................................................................................3
Court Rules........................................................................................................................3
Resources...........................................................................................................................3
Trainings............................................................................................................................3
Forms.................................................................................................................................3
Case Types.........................................................................................................................3
Data Collection.................................................................................................................4
ERPO Data and Statistics...................................................................................................4
ERPO Complaints..............................................................................................................4
Requested Order Type........................................................................................................4
Adult Respondents.........................................................................................................5
Juvenile Respondents.....................................................................................................6
Issued Orders.....................................................................................................................6
Rescinded Orders...............................................................................................................6
Initial Hearing................................................................................................................6
Motions..........................................................................................................................7
Renewed Orders.................................................................................................................7
Criminal Charges.................................................................................................................7
ERPO Respondents............................................................................................................7
Petitioners Filing False Information..................................................................................9
Knowingly Placing Firearm in Possession of Restrained Individual...................................9
Demographic Data...............................................................................................................9
Race....................................................................................................................................9
Petitioners......................................................................................................................9
Respondents.................................................................................................................10
Gender..............................................................................................................................10
Petitioners....................................................................................................................10
Respondents.................................................................................................................10
Age...................................................................................................................................10
Petitioners....................................................................................................................10
Respondents.................................................................................................................10

Extreme Risk Protection Order Act - 2024 Annual Report page 2

 Introduction
The Extreme Risk Protection Order (ERPO) Act, also known as 2023 PA 38 (“Act”), was signed into law on
May 23, 2023, and became effective on February 13, 2024. The Act authorizes the family division of the circuit
court to enter an order restraining an individual from possessing a firearm or concealed pistol license upon a
finding, by a preponderance of the evidence, that the respondent:

“[C]an reasonably be expected within the near future to intentionally or unintentionally

seriously physically injure himself, herself, or another individual by possessing a firearm,
and has engaged in an act or acts or made significant threats that are substantially supportive
of the expectation.” MCL 691.1807(1)

The Act requires the State Court Administrative Office (SCAO), acting at the direction of the Michigan
Supreme Court (MSC), to prepare an annual report on and relating to the application of the Act by the courts.
MCL 691.1821. This report provides a summary of judicial implementation of the Act throughout 2024, and
aggregated data elements following the first year of implementation. Until the uniform statewide case
management system—commonly referred to as the SCAO Judicial Information Services (JIS) case management
system—is fully funded and operational statewide, statewide reports such as this one are more difficult to
compile and likely to have limitations or incomplete data.

Judicial Implementation
Court Rules: The MSC published for comment several proposed amendments and additions to Chapter 3 of the
Michigan Court Rules on September 20, 2023. The Court held a public hearing on the proposed amendments
and additions on November 15, 2023, and adopted them on February 6, 2024. The adopted court rules provide
procedural guidance and clarity when implementing the Act.

Resources: The SCAO published an Extreme Risk Protection Order Manual that provides a comprehensive
overview of the Act and judicial requirements. Additionally, the SCAO published Quick Reference Materials for
ERPO implementation and also updated the Domestic Violence Benchbook: Fourth Edition to include a chapter
on ERPOs.

Trainings: The SCAO delivered a 90-minute ERPO training webinar on February 8, 2024, for judicial
employees and traveled throughout the state delivering in-person ERPO trainings at various regional judicial
association meetings.

Forms: The SCAO created 19 new forms to implement the Act.

Case Types: To facilitate data collection and case processing, the SCAO created six new case type codes for
ERPO actions.

State Court Administrative Office page 3

Data Collection: To produce a detailed annual report described in MCL 691.1821, the SCAO required circuit
courts to submit data about ERPO complaints and orders, including the case type, party type, disposition
method, post-order motions, and new criminal charges, using standard codes to the Judicial Data Warehouse
(JDW).

ERPO Data and Statistics

The primary data source for this report is the JDW, which receives case-level data directly from court case man-
agement systems.1 This enables the SCAO to generate detailed numbers as required by MCL 691.1821. Howev-
er, there are known gaps in the available data from non-JIS case management systems. Post-order motions, new
criminal charges, and demographic data were not available from all non-JIS systems. The ERPO complaints
filed from February 13, 2024, to December 31, 2024, are summarized in this report.

ERPO Complaints: A total of 391 ERPO complaints were filed in Michigan. Of these, 384 complaints were
filed against adult respondents and seven were filed against minor respondents.

Requested Order Type: In ERPO actions, the “petitioner” is the person filing the complaint with the court and
the “respondent” is the person that the petitioner is asking be subject to an ERPO. When filing a ERPO
complaint, the petitioner must state whether they are requesting an “ex parte” order (defined below).

1 Lake, St. Joseph, St. Clair, and Berrien counties use a non-JIS case management system and provided SCAO with ERPO data in Excel, or confirmed
that there were no cases to report, instead of adding ERPO cases to a JDW data feed. These data points were added to the figures in this report.

Extreme Risk Protection Order Act - 2024 Annual Report page 4

 Order Type Summary
Ex Parte Order An ex parte order means the petitioner is asking the court to issue an order
immediately, before the respondent receives notice about the petition and
before a hearing. The evidentiary standard is higher to issue an ex parte
order—the petitioner must also show by clear and convincing evidence
that:

• Immediate and irreparable injury, loss, or damage will result from the
delay required to give notice; or,
• The notice itself will precipitate adverse action before an extreme risk
protection order can be issued.

Respondents are still entitled to a hearing after the judge grants an ex parte
order.
Immediate Emergency Ex Parte Order A law enforcement officer may verbally request by telephone that a judge
or magistrate on duty within the jurisdiction immediately issue an
emergency ex parte order. These orders may only be issued if the law
enforcement officer is:

• Responding to a complaint involving the respondent; and

• The respondent can reasonably be expected within the near future to
intentionally or unintentionally seriously physically injure the
respondent or another individual by possessing a firearm.

Non-Ex Parte Order If a petitioner does not request an ex parte order in their complaint, an
order will not be entered until after the court holds a hearing on the matter.

Adult Respondents: Of the 384 ERPO complaints filed against adult respondents, 237 requested an ex parte
order, 111 requested an immediate emergency ex parte order, and 36 did not request an ex parte order.

State Court Administrative Office page 5

Juvenile Respondents: Of the seven ERPO complaints filed against juvenile respondents, four requested an ex
parte order and three requested an immediate emergency ex parte order.

Issued Orders

Of the total 391 ERPO complaints filed:

• 287 orders were issued

• Eight were initially issued, but rescinded after hearing
• 84 were denied
• Six were dismissed or withdrawn by the petitioner
• Six were undisposed (i.e., were open cases at the time of the data pull)

A total of 355 requests were made for ex parte and emergency ex parte orders, but not all of these were disposed
ex parte. In several instances, judges held a hearing before making a decision. Of the 338 complaints disposed
ex parte, a total of 273 orders were issued and 65 were denied.

Rescinded Orders

Initial Hearing: Respondents have the right to an initial hearing on an extreme risk protection complaint,
including instances where the court issued an ex parte order. The petitioner must attend these hearings and
carries the burden of proof. If an ex parte order was issued, and the petitioner does not meet their burden at the
hearing, the court will rescind the order.

Eight orders were initially ordered ex parte, and then rescinded after the hearing.

Extreme Risk Protection Order Act - 2024 Annual Report page 6

Motions: In addition to this hearing, the respondent may also file a motion to modify or terminate an ERPO.
The respondent has the right to file one motion during the first six months that the order is in effect and one
motion during the second six months the order is in effect. The moving party carries the burden of establishing
that the respondent no longer poses a risk to seriously physically injure another individual or respondent by
possessing a firearm.

At least two ERPOs were rescinded by a post-order motion. 2

Renewed Orders

An extreme risk protection order expires one year after the date of issuance. Upon motion by the petitioner or
the court’s own motion, the court may issue an extended extreme risk protection order that is effective for one
year after the expiration of the preceding order.

To date, no ERPOs have been renewed or extended. This is expected because the Act has been effective for less
than a year, meaning that previously issued ERPOs have not yet expired.

Criminal Charges

ERPO Respondents

At least 31 individuals (11.4 percent) restrained by an ERPO were charged with 74 criminal offenses within 30
days of the ERPO’s entry.3 From available data, no charges were for refusing or failing to comply with an ERPO
under MCL 691.1819(1); however, 22 charges were related to firearms or ammunition. The most frequently
charged offenses were domestic violence (MCL 750.812) at 11 counts and police officer assault/resist/obstruct
(MCL 750.81D1) at seven counts.4 (See the following table for a complete list of the filed charges.)

2 Several non-JIS case management systems did not add post-order motion data to their JDW data feed. Therefore, the number of post-order
recissions and renewals excludes the following counties: Antrim, Grand Traverse, Leelanau, Ottawa, Ingham, Kent, Macomb, Kalamazoo, Saginaw,
Washtenaw, and Wayne.

3 The following non-JIS case management systems do not have an established data feed to the JDW. Therefore, the number of criminal charges
filed for ERPO respondents and the number of ERPO criminal violations excludes the following courts: D61-Grand Rapids; D05-Berrien County; and
C02-Berrien County.

4 The criminal charges section of the ERPO annual report identifies charges filed against a respondent within 30 days of an extreme risk
protection order’s issuance. The filing date of criminal charges is not necessarily the same date that the charged offense alleged occurred. Most
criminal charges filed against ERPO respondents occurred with a few days of an extreme risk protection order’s entry. As such, the data in the
report cannot conclusively determine whether the charged offense allegedly occurred before or after the date the ERPO order was entered.

State Court Administrative Office page 7

 PACC Code Offense Description Counts
257.626 Driving - Reckless 1
257.602A2 Police Officer - Fleeing - Fourth Degree - Vehicle Code 2
257.9041B Operating - License Suspended, Revoked, Denied 1
333.74032B1 Controlled Substance - Possession of Methamphetamine/Ecstasy 2
333.74032B-A Controlled Substance - Possession/Analogues 1
333.74032C-A Controlled Substance - Possession (Schedule 5 and LSD, etc.) 1
750.81 Assault or Assault and Battery 2
750.81D1 Police Officer - Assaulting/Resisting/Obstructing 7
750.812 Domestic Violence 11
750.813 Domestic Violence and/or Knowingly Assaulting a Pregnant Individual 1
750.82 Assault with a Dangerous Weapon (Felonious Assault) 3
750.84 Assault with Intent to do Great Bodily Harm Less Than Murder or by 2
Strangulation or Suffocation
750.115-A Breaking & Entering - Illegal Entry (without owner's permission) 1
750.136B4 Child Abuse - 3rd Degree 1
750.145A-A Children - Accosting for Immoral Purposes 1
750.1743A Embezzlement - Agent or Trustee $200.00 or more but less than 1
$1,000.00
750.224B Weapons - Firearms - Short-Barreled Shotgun/Rifle 1
750.224F7 Weapons - Ammunition – Possession by Prohibited Person 1
750.224F-A Weapons - Firearms - Possession by Prohibited Person 1
750.227 Weapons - Carrying Concealed 4
750.227B-A Weapons Felony Firearm 2
750.234A Weapons - Firearms - Discharge From Vehicle 1
750.234B Weapons - Firearms - Discharge in or at a Building 2
750.234E Weapons – Firearms – Brandishing in Public 1
750.237 Weapons - Firearms - Possession Under the Influence 2
750.411H Stalking 1
750.411I Stalking - Aggravated 2
750.483A2A Interfering with Crime Report 1
750.520B Criminal Sexual Conduct - First Degree (Multiple Variables) 1
750.520B1F Criminal Sexual Conduct - First Degree (Personal Injury) 1
750.520C Criminal Sexual Conduct - Second Degree (Multiple Variables) 1
750.5405A Interfering with Electronic Communications 1
750.540E Telecommunication Services - Malicious Use 1
750.543M False Report or Threat of Terrorism 1
750.552 Trespass 2
752.7973F Computers - Using to Commit a Crime - Maximum Imprisonment of 20 1
years
752.863A Weapons - Firearms - Reckless Use 7
771.3F Tampering with Electronic Monitoring Device 1

Extreme Risk Protection Order Act - 2024 Annual Report page 8

Status of Charges: The table below summarizes the status of these 74 criminal charges at the time this report
was generated.

Number of Charges Charge Status

28 Undisposed
28 Guilty/No Contest/Plea to Amended Charge
14 Dismissed
4 Competency Evaluation/Deferral

Petitioners Filing False Information

MCL 691.1819(4) established criminal penalties for petitioners who knowingly and intentionally make a false
statement to the court in an ERPO complaint. A first offense is a misdemeanor publishable by not more than 93
days in jail; a second offense is a felony punishable by not more than four years in prison; and a third offense
is a felony punishable by not more than five years in prison. No petitioner has been charged with this criminal
offense based on available data.5

Knowingly Placing Firearm in Possession of Restrained Individual

MCL 691.1819(5) establishes criminal penalties for individuals who knowingly place a firearm in the
possession of an individual who is restrained under an extreme risk protection order. The offense is a felony
punishable by imprisonment for not more than one year. No individual has been charged with this criminal
offense based on available data.6

Demographic Data
The SCAO complaint forms for filing an Extreme Risk Protection Order Action (CC 452 and CC 452M) contain
fields for the petitioner to identify their age, race, and sex. However, these fields are not mandatory, and courts
cannot legally reject a filing if the petitioner does not populate this information on the complaint form. The
following demographic data reflects the data as currently populated in the JDW or otherwise reported by the
courts.7

Race Petitioners Race

282 Unknown
Petitioners: Of the 385 petitioners, the race of 282
petitioners is unknown. The table identifies the race of 86 White
petitioners; however, conclusions should not be drawn 12 Black
from this data, as the race of approximately 73 percent 3 Asian
of all petitioners is unknown. 2 Hispanic

⁵ Id.
⁶ Id.
7 Several non-JIS case management systems did not add demographic data about ERPO petitioners and respondents to their JDW data feed.
Therefore, the already limited demographic data points wholly exclude the following counties: Antrim, Grand Traverse, Leelanau, Ingham, Kent,
and Macomb.

State Court Administrative Office page 9

 Respondents Race
Respondents: Of the 391 respondents, the race of 176
respondents is unknown. The table identifies the race 176 Unknown
of respondents; however, conclusions should not be 150 White
drawn from this data, as the race of approximately 45 64 Black
percent of all respondents is unknown. 1 Asian

Gender
Petitioners Gender
Petitioners: Of the 385 petitioners, the gender of 263
263 Unknown
petitioners is unknown. The table identifies the gender
of petitioners; however, conclusions should not be 86 Male
drawn from this data, as the gender of approximately 36 Female
68 percent of all petitioners is unknown.

Respondents: Of the 391 respondents, the gender of Respondents Gender

158 respondents is unknown. The chart identifies the
158 Unknown
gender of the 233 respondent’s that is known;
however, conclusions should not be drawn from this 201 Male
data, as the gender of approximately 40 percent of all 32 Female
respondents is unknown.

Age
Petitioners Age
Petitioners: Of the 385 petitioners, the age of 287
287 Unknown
petitioners is unknown. The table identifies the age
group of petitioners; however, conclusions should not 14 20s
be drawn from this data, as the age of approximately 32 30s
75 percent of all petitioners is unknown. 21 40s
24 50s
6 60s

Respondents Age
Respondents: Of the 391 respondents, the age of 160
respondents is unknown. The table identifies the age 160 Unknown
group of respondents; however, conclusions should 5 19 or Younger
not be drawn from this data, as the age of approxi- 50 20s
mately 41 percent of all respondents is unknown. 52 30s
52 40s
38 50s
22 60s
6 70s
6 80s-90s

Extreme Risk Protection Order Act - 2024 Annual Report page 10

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