How FCPD is Using Emergency Substantial Risk Orders to Protect and Serve 

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Fairfax, VA – Since July 1, 2020, The Fairfax County Police Department has obtained 177 Emergency Substantial Risk Orders (ESROs). The ESRO statute, otherwise known as a “Red Flag law,” went into effect in the Commonwealth of Virginia in 2020. ESROs are a tool that police and community members can use to address individuals who pose a serious and immediate threat to themselves or others and keep the community safe while services are rendered. 

In 2022, FCPD created an ESRO coordinator to track ESROs as they progress, liaise with the Office of the Commonwealth’s Attorney, attend risk order hearings, and provide guidance to officers and detectives during the course of their investigations.  

Thirty percent of all FCPD ESROs involved domestic violence and fifty-three percent were cases where individuals were experiencing an urgent mental health crisis. ESROs are taken seriously in Fairfax County. Officers and detectives utilize this tool in the most critical cases involving the threat of self-harm or harm to others. As outlined in the Code of Virginia, 19.2-152.13, officers are required to conduct an investigation and develop probable cause before a petition for a risk order can be filed.  

Below are two of examples of how the statute has been applied by the Fairfax County Police Department:

In December 2022, officers responded to a weapons call. The offender in this case had sent a text message to his ex-girlfriend stating he was coming to her house with a gun. He arrived at her place of work and brandished the firearm at her and stated, “If you don’t come with me, I’m going to shoot everyone.” The two went to a park where he placed the gun to her head. The offender was arrested and charged with criminal offenses and his gun was seized. The ESRO was issued and the offender in this case and was prohibited from purchasing, possessing, or transporting a firearm until the order expired.

Also in December 2022, officers responded to a man experiencing a mental health crisis. The caller reported a man said that if anyone came to the house he would shoot them and then shoot himself. The caller also saw the man put the gun into his mouth. Police responded and began speaking with the man. He made statements he wanted to force police to kill him. The man was eventually taken under an emergency custody order for a mental health evaluation. Officers also obtained an ESRO, allowing police to seize the gun and for the man to receive the mental health services he needed.

These cases represent how ESROs can be used appropriately and help protect and serve the most vulnerable parties involved including victims, family members, and the subjects of these orders. For more information about the Red Flag Law, click here.

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