Maine § 2245. - Emergency extreme risk protection orders
Full text of Maine Maine Revised Statutes § 2245. — Emergency extreme risk protection orders, with citation guidance and answers to common questions.
§ 2245.. Emergency extreme risk protection orders
1. Petition. In filing a petition under this chapter, a petitioner may request that the court issue an emergency extreme risk protection order. An emergency extreme risk protection order may be issued ex parte, without prior notice to the respondent.
A. A petitioner seeking an emergency ex parte order shall indicate in the petition and affidavit or affidavits that emergency relief is requested because the respondent poses an immediate and significant danger of causing physical injury to the respondent or to another person by purchasing, possessing or receiving a dangerous weapon or by having or attempting to have custody or control of a dangerous weapon. An affidavit must include specific facts supporting the statement that the respondent poses an immediate and significant danger. [IB 2025, c. 1, §6 (NEW).]
B. A significant danger of causing physical injury to another person may be shown by establishing that:
(2) By the respondent's threats or actions, the respondent has placed another person in reasonable fear of physical injury; or
(3) By the respondent's actions or inactions, the respondent has presented a danger to another person in the respondent's care.
The court may consider any additional information the court finds to be reliable, including a statement by the respondent, or relevant information from family or household members concerning the respondent, and any other facts that the court finds to be relevant. [IB 2025, c. 1, §6 (NEW).]
C. A significant danger of causing physical injury to the respondent may be shown by establishing that the respondent has threatened or attempted suicide or has threatened or attempted serious bodily injury. [IB 2025, c. 1, §6 (NEW).]
D. The court may issue an emergency extreme risk protection order if the petition and affidavit or affidavits present good cause that the respondent poses an immediate and significant danger of causing physical injury to the respondent or to another person by purchasing, possessing or receiving a dangerous weapon or by having or attempting to have custody or control of a dangerous weapon. [IB 2025, c. 1, §6 (NEW).]
E. The court shall decide whether to grant or deny the petition and issue the order on the basis of the contents of the petition and the affidavit or affidavits provided. If the petition is granted, the court shall immediately sign the original order, enter on its face the exact date and time it is issued and transmit a copy to the petitioner by reliable electronic means, such as e-mail. Upon issuance of an order, a copy must be served on the respondent pursuant to section 2247. [IB 2025, c. 1, §6 (NEW).]
F. The court may issue an emergency extreme risk protection order by reliable electronic means pursuant to this subsection if requested by the petitioner. [IB 2025, c. 1, §6 (NEW).]
2. Order. An order issued pursuant to this section may prohibit for a period of up to 14 days the respondent from purchasing, possessing or receiving a dangerous weapon or having or attempting to have custody or control of a dangerous weapon. This section does not limit the court's discretion to continue the final hearing and extend the order upon the court's own motion or upon the motion of either party.
A. The order must be in writing and include the following:
(2) The name and address of the court where any filings must be made, the names of the parties, the date of the petition, the date and time of the order and the date and time the order expires;
(3) The date and time of the hearing under subsection 3, paragraph A when the respondent may appear to contest the order before the court. The opportunity to contest the order must be scheduled as soon as reasonably possible, but may not be more than 14 days after the date of the issuance of the order unless extended upon the court's own motion or upon the motion of either party;
(4) A description of the requirements for relinquishment and return of dangerous weapons under section 2250; and
(5) A statement in substantially the following form:
B. An order issued pursuant to this section must include the following statement: "VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY THE MAINE REVISED STATUTES, TITLE 15, SECTION 393, AND MAY ALSO RESULT IN SANCTIONS FOR CONTEMPT PURSUANT TO THE MAINE RULES OF CIVIL PROCEDURE, RULE 66." [IB 2025, c. 1, §6 (NEW).]
If a court denies a petition filed pursuant to this subsection, the court shall state the reason for the denial, which may include either written findings of fact or oral findings of fact on the record.
3. Duration. The duration of an emergency extreme risk protection order issued pursuant to this section is as follows.
A. Unless the petition is voluntarily dismissed pursuant to paragraph B, the court shall hold a hearing within 14 days after the issuance of an emergency extreme risk protection order to determine if an extreme risk protection order should be issued. If not voluntarily dismissed, the emergency extreme risk protection order expires when the court grants or denies a petition for an extreme risk protection order in accordance with section 2244, subsection 3. [IB 2025, c. 1, §6 (NEW).]
B. The petitioner may voluntarily dismiss a petition filed pursuant to this section at any time prior to the hearing required under paragraph A if the petitioner determines the respondent no longer poses an immediate and significant danger of causing physical injury to the respondent or to another person by purchasing, possessing or receiving a dangerous weapon or by having or attempting to have custody or control of a dangerous weapon. If the petitioner voluntarily dismisses the petition pursuant to this paragraph, the court shall vacate the emergency extreme risk protection order and direct a law enforcement agency in possession of a dangerous weapon belonging to the respondent to return it to the respondent consistent with section 2250. [IB 2025, c. 1, §6 (NEW).]
Source: official Maine text · Last verified 2026-08-27
Frequently Asked Questions About Maine § 2245.
What does Maine Revised Statutes § 2245. cover?
Section 2245. ("Emergency extreme risk protection orders") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 2245.?
A common citation format is "Maine Revised Statutes § 2245." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 2245. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.