Facing an Extreme Risk Protection Order in Rhode Island?

An Extreme Risk Protection Order (ERPO) is a serious legal measure designed to temporarily remove firearms from individuals who are deemed to be a risk to themselves or others. In Rhode Island, ERPOs are implemented under state law, and they have far-reaching consequences, especially for those facing criminal charges or already under stress from mental health challenges. Representing someone facing an ERPO requires a thorough understanding of the legal process, tactical knowledge, and, most importantly, a commitment to pursuing every available avenue to achieve the best outcome for your client.

At Manosh Payette Criminal Defense Attorneys, we defend clients against ERPOs. While we are fully prepared to litigate and challenge these orders in court, we recognize that avoiding a court battle is often in our clients' best interest. Below, we share our approach to handling ERPO cases and how we use every tool at our disposal to defend our clients' rights.

What Is an Extreme Risk Protection Order?

An ERPO is a civil order issued by the court in Rhode Island to prevent an individual from possessing firearms when there is evidence that they pose a significant risk of harm to themselves or others. ERPOs are often sought by law enforcement or family members based on the individual's behavior, such as threatening self-harm, harming others, or expressing an intent to commit violence.

Under Rhode Island law, the ERPO is designed to protect public safety, but it can have a significant impact on the defendant's rights, especially if they are a firearm owner. It can also be damaging to their reputation and create substantial emotional and legal challenges. Therefore, it is essential to respond with a comprehensive and strategic approach.

Step 1: Assessing the Case and Identifying Legal Defenses

The first step in any ERPO case is conducting a thorough assessment of the facts. Our legal team begins by carefully reviewing the details of the case, including the allegations, evidence, and any past interactions the individual may have had with law enforcement or health professionals.

In these cases, we focus on the following key areas:

• The validity of the allegations: We assess whether the allegations against the client are accurate, based on factual evidence, and whether they have been misunderstood or exaggerated. Sometimes, there may be a gap between the accused person's behavior and the real danger they pose.

• Mental health considerations: An ERPO often arises due to concerns about mental health. We ensure that our clients' mental health history is thoroughly reviewed and that any evaluations or diagnoses are considered in context. If mental health is a factor, we work with experts to present a clear picture of the client's condition and ability to safely possess firearms.

• Due process violations: We scrutinize the process by which the ERPO was issued. If any procedural errors were made, such as failure to provide adequate notice or an improper hearing, we may challenge the validity of the order based on a violation of the defendant's rights.

Step 2: Pursuing Alternatives to Court

While ERPOs may seem straightforward in their legal framework, they are often based on subjective assessments of risk. At Manosh Payette, we are committed to minimizing the need for litigation. Rather than automatically moving toward a court battle, we explore various alternative solutions to achieve a favorable outcome without the stress and cost of a trial. These include:

• Negotiating directly with the petitioning party: In some cases, we can engage directly with the individual or family member who has filed for the ERPO. We aim to address any misunderstandings, provide reassurances regarding the client's actions, and potentially have the order withdrawn or modified without needing a full hearing.

• Working with mental health professionals: If mental health concerns are central to the case, we may recommend seeking treatment or counseling. By demonstrating that the client is actively addressing any issues, we can often persuade the petitioning party or the court to reconsider the need for an ERPO.

• Seeking voluntary firearm surrender: In situations where there is a genuine concern but a court battle can be avoided, we may advise our client to voluntarily surrender firearms temporarily. This can help defuse the situation and show a willingness to cooperate, potentially leading to a favorable outcome without a protracted court battle.  This is not appropriate in every case, and should only be considered if the defendant wishes to relinquish their firearm rights!

• Settlement negotiations: Before proceeding with formal court hearings, we explore whether alternative dispute resolution methods, such as a mutually negotiated settlement, could help resolve the case more amicably. This can be an effective way to find common ground between the parties involved without the need for litigation.  When a defendant is also facing criminal charges, it is critical that the ERPO attorney have a complete understanding of any and all implications the resolution can have on the criminal case. 

Step 3: Fighting the ERPO in Court

If an amicable resolution is not possible and the ERPO is contested in court, we are prepared to defend our client vigorously. Our experience with criminal defense and special needs cases equips us to challenge the ERPO from every angle:

• Challenging the evidence: We cross-examine witnesses, challenge the credibility of testimony, and scrutinize any evidence presented in support of the ERPO. This includes challenging the reliability of statements made by family members or law enforcement officers involved in the case.

• Presenting expert testimony: If mental health issues are involved, we can present experts to testify about the client's condition and provide a professional opinion about the risk they pose. This expert testimony can be pivotal in undermining the basis for the ERPO.

• Exploring constitutional defenses: We assess whether the ERPO violates our client's constitutional rights, particularly their Second Amendment rights to bear arms. In some cases, we argue that the ERPO is an overreach and not justified by the evidence presented.

• Ensuring fair due process: Throughout the trial, we ensure that our client's due process rights are fully protected. We fight against unfair practices that may undermine the integrity of the case and advocate for a fair hearing.

Step 4: Post-ERPO Considerations

If the ERPO is upheld, there are still avenues for relief. We help our clients navigate the process of contesting the order on appeal, or we assist in working toward having the ERPO lifted once conditions improve. If the order is lifted, we advocate for the restoration of our client's firearm rights.

Why Choose Manosh Payette Criminal Defense Attorneys?

At Manosh Payette, we approach every ERPO case with a dual focus: protecting our client's rights and minimizing the impact of the legal proceedings. Our deep understanding of criminal defense, mental health issues, and civil rights allows us to craft a defense strategy that is tailored to the specifics of each case.

We understand that time is of the essence when dealing with ERPOs, and we act quickly to protect our client's interests. Whether through negotiations, alternative dispute resolution, or aggressive courtroom defense, we use every tool at our disposal to avoid a trial when possible and to ensure the best possible outcome for our clients.

If you are a fellow attorney handling an ERPO case, we invite you to reach out to Manosh Payette Criminal Defense Attorneys for guidance and collaboration. With our experience and commitment to effective representation, we can assist you in navigating this complex area of law and achieve the best possible result for your client.

If you have been served with ERPO paperwork, contact our law firm immediately.  We can walk you through this confusing process and help achieve your goals. 401-854-7794.