Appointment of counsel for temporary extreme risk protection order respondents

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Legislation, Other subject area

A law enforcement agency may petition for an "extreme risk protection order" against a respondent if it believes the respondent poses "a significant danger of causing imminent personal injury to self or others by having in his or her custody or control, or by purchasing, possessing, or receiving a firearm." RI ST § 8-8.3-3. 


Upon the filing of such petition, the court may enter a temporary order if it finds probable cause that the respondent poses a significant danger, and a search warrant shall issue for the search of any firearms in the possession, custody, or control of the respondent. RI ST § 8-8.3-4.  The temporary order must notify the respondent that they may "seek the advice or an attorney," and if they cannot afford one, they may contact "the public defender for an intake interview, and if eligible, the court shall appoint an attorney for [the respondent.]" RI ST § 8-8.3-4(e)(6).

Cite: RI ST ยง 8-8.3-4(e)(6).

Appointment of Counsel: categorical Qualified: no