risk protection order, guns, red flag law

Post: Florida’s Red Flag Law: Risk Protection Order

Risk Protection Order (RPO) Attorneys and Gun Laws

risk protection order red flag law

A Risk Protection Order (RPO) in Florida is a court order designed to temporarily prevent individuals at high risk of harming themselves or others from accessing firearms and ammunition. The RPO, also known as a Red Flag Law, can only be requested by a law enforcement officer or agency. The order requires the subject to surrender all firearms, ammunition, and any license to carry a concealed weapon or firearm to the local law enforcement agency.

The subject is also prohibited from purchasing, possessing, receiving, or attempting to purchase or receive firearms or ammunition while the order is in effect. The subject has the right to request a hearing to vacate the order and may seek the advice of an attorney in connection with the order.

Process to get a Risk Protection Order In Florida:

  • Filing a Petition: A law enforcement officer or agency must file a petition for a risk protection order in the county where their office is located or where the subject of the order resides. The petition does not require either party to be represented by an attorney.
  • Submission of Documents: The law enforcement officer or agency must submit the necessary documents, including a petition for the risk protection order and an affidavit in support of the order, to the Clerk of Courts
  • Surrender of Firearms and Ammunition: If the RPO is granted, the subject of the order is required to surrender all firearms, ammunition, and any license to carry a concealed weapon or firearm to the local law enforcement agency
  • Hearing for Removal of the Order: The subject of the RPO has the right to request a hearing to vacate the order. This allows them to challenge the continuation of the RPO and seek its removal.

Difference Between a Risk Protection Order and a Restraining Order

In Florida, the main difference between a Risk Protection Order (RPO) and a restraining order is in their purpose and scope. A restraining order, also known as an injunction, is typically associated with civil cases and is used to order one party not to contact or go near another party, their home, family, work, or children’s school. It is often linked to domestic violence situations involving physical or sexual violence, stalking, harassment, or other threatening behaviors.

On the other hand, an RPO is specifically designed to restrict an individual’s access to firearms and ammunition when they are deemed to be at high risk of harming themselves or others. The RPO is sought by law enforcement officers or agencies and requires the subject to surrender all firearms, ammunition, and any license to carry a concealed weapon or firearm. It is part of the state’s efforts to enhance public safety by addressing situations where individuals pose a significant danger due to mental health crises or violent behavior.

While a restraining order is more broadly focused on preventing contact or proximity between parties in civil cases involving various types of threats or violence, an RPO is specifically aimed at temporarily restricting access to firearms and ammunition in situations where there is a significant risk of harm.

Risk Protection Order Attorney

If you’ve been hit with a Risk Protection Order in Florida, you should talk to a criminal defense attorney as soon as possible. It’s the best way to protect your due process rights and get the best possible outcome in your case. A skilled gun lawyer will be your advocate, review all the RPO information, and represent you at hearings. Call 407-644-2466 to discuss your firearms situation with an experienced firearms lawyer.

https://www.jud11.flcourts.org/Resource-Center/Mental-Health/Firearm-Restrictions/Risk-Protection-Orders
[4][5] https://www.womenslaw.org/laws/fl/restraining-orders/risk-protection-orders-remove-firearms

Criminal defense attorney The Rivas Law Firm

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