Features of ERPO Statutes in California, Connecticut, Maryland, and Washington
| ERPO Statutory Characteristics | CA | CT | MD | WA |
|---|---|---|---|---|
| Categories of authorized ERPO petitioners | ||||
| Law enforcement officers | X | X | X | X |
| Family or household members | X | a | X | X |
| Licensed clinicians and mental health care providers | a | X | ||
| Others: employers, coworkers, dating partners, people who have a child in common, and certain school personnel | X | |||
| Standard of proof for ex parte orders | ||||
| Probable, reasonable, or good cause | b | X | X | X |
| Substantial likelihood | b | |||
| Standard of proof for final orders | ||||
| Preponderance of the evidence | X | |||
| Clear and convincing evidence | X | X | X | X |
| Duration of ex parte orders | ||||
| 1–2 days | X | |||
| 14 days | X | X | ||
| 21 days | X | |||
| Duration of final orders | ||||
| Up to one year | b | a | X | X |
| 1–5 years | X | |||
| Until respondent initiates review in which either law enforcement determines no probable cause of a risk or the state fails to prove by clear and convincing evidence at hearing that there is a risk | X |
ERPO = extreme risk protection order
↵a In Connecticut, prior to June 1, 2022, only law enforcement and state officials could petition for an order; thereafter, family and household members could petition for an investigation by law enforcement that can result in law enforcement petitioning for an order. The law changed after the study was completed. During the study period, duration of the ERPO was up to 1 year.
↵b In California, the standard of proof for temporary orders is “probable cause” for orders petitioned by law enforcement only and “substantial likelihood” for orders petitioned by family and law enforcement. During the study period, duration of the ERPO was up to 1 year.