§ 624.7173 — Subsequent Extensions and Termination
Plain-Language Summary
An extreme risk protection order can be extended for 6 to 12 months at a time if the original grounds still exist. The person under the order can ask to end it once every 6 months by proving they are no longer a risk.
624.7173 SUBSEQUENT EXTENSIONS AND TERMINATION.
(a) Upon application by any party entitled to petition for an order under section 624.7172, and after notice to the respondent and a hearing, the court may extend the relief granted in an existing order granted after a hearing under section 624.7172. Application for an extension may be made any time within the three months before the expiration of the existing order. The court may extend the order if the court makes the same findings by clear and convincing evidence as required for granting of an initial order under section 624.7172, subdivision 2, paragraph (d). The minimum length of time of an extension is six months and the maximum length of time of an extension is one year. The court shall consider the same types of evidence as required for the initial order under section 624.7172, subdivision 2, paragraphs (b) and (c).
(b) Upon application by the respondent to an order issued under section 624.7172, the court may terminate an order after a hearing at which the respondent shall bear the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger to other persons or is at significant risk of suicide by possessing a firearm. Application for termination may be made one time for every six months an order is in effect. If an order has been issued for a period of six months, the respondent may apply for termination one time.
History:
History: History:
2023 c 52 art 14 s 4