1. If a petitioner believes a person subject to an extreme risk protection order continues to be likely to engage in conduct that would result in serious harm to himself, herself, or others, as defined in paragraph one or two of subdivision (a) of section 9.39 of the mental hygiene law, such petitioner may, at any time within sixty days prior to the expiration of such existing extreme risk protection order, initiate a request for a renewal of such order, setting forth the facts and circumstances necessitating the request. The chief administrator of the courts shall adopt forms that may be used for purposes of such applications and the court’s consideration of such applications. The court may issue a temporary extreme risk protection order in accordance with section sixty-three hundred forty-two of this article, during the period that a request for renewal of an extreme risk protection order is under consideration pursuant to this section. 2. A hearing held pursuant to this section shall be conducted in the supreme court, in accordance with section sixty-three hundred forty-three of this article, to determine if a request for renewal of the order shall be granted. The respondent shall be served with written notice of an application for renewal a reasonable time before the hearing, and shall be afforded an opportunity to fully participate in the hearing. The court shall direct service of such application and the accompanying papers in the manner and in accordance with the protections for the petitioner set forth in subdivision six of section sixty-three hundred forty-two of this article.
§ 6345.Request for renewal of an extreme risk protection order.
Article 63-A. Extreme Risk Protection Orders · Last amended 2019 · Last verified July 21, 2026
In one sentenceCPLR 6345 lets a petitioner ask, within sixty days before an extreme risk protection order expires, for the order to be renewed, using the same hearing procedure and notice to the respondent required for the original order.
Full Text of CPLR 6345
Plain-English Summary
A petitioner who believes the respondent continues to pose a likely risk of serious harm may, at any time within sixty days before an existing extreme risk protection order expires, ask for it to be renewed, setting out the facts and circumstances that justify the request. The chief administrator of the courts adopts forms for this purpose, and the court may issue a temporary extreme risk protection order under CPLR 6342 while the renewal request is under consideration.
The renewal hearing is held in the supreme court under the same procedure CPLR 6343 sets for the original order. The respondent must be served with written notice of the renewal application a reasonable time before the hearing and given a full opportunity to participate, and the application and accompanying papers are served under the same petitioner-protective rules that apply to service of the original order.
Frequently Asked Questions
How far in advance can a petitioner request renewal of an extreme risk protection order?
At any time within the sixty days before the existing order expires.
Does the respondent get notice of a renewal request?
Yes. CPLR 6345 requires written notice of the renewal application a reasonable time before the hearing, along with a full opportunity to participate.
What standard applies at an ERPO renewal hearing?
The same procedure that governs the original final order under CPLR 6343, including the clear-and-convincing evidence standard.
Can a temporary order be issued while a renewal request is pending?
Yes. CPLR 6345 lets the court issue a temporary extreme risk protection order under CPLR 6342 while it considers the renewal request.
Who can ask for an extreme risk protection order to be renewed?
The petitioner, if they believe the respondent remains likely to engage in conduct resulting in serious harm to themselves or others.
Amendment History
L 2019, ch 19, § 1, effective August 24, 2019.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: renew a red flag order in New YorkERPO renewal New Yorkextend an extreme risk protection order