If you need to challenge false information in a risk protection order, it’s critical to act fast—your gun rights and reputation may be on the line.
If you’ve been served with a Risk Protection Order (RPO) based on false information, here’s how to respond and fight back effectively.
🚨 How Risk Protection Orders Work in Florida
Under Florida Statute § 790.401, law enforcement can file a petition for a Risk Protection Order (RPO) if they believe someone poses a significant danger of harming themselves or others with a firearm.
The process typically includes:
A temporary order issued quickly, often without your input
A final hearing within 14 days where a judge decides whether to extend the order up to 12 months
🛠️ How to Challenge False Information in a Risk Protection Order
✅ 1. Hire a Lawyer Immediately
Don’t go to the hearing alone. A lawyer can challenge the petition, cross-examine officers, and present evidence on your behalf.
✅ 2. Review the Petition and Evidence
Look for:
- Statements based on hearsay or speculation
- Inaccuracies or omissions
- Lack of police investigation
- Contradictory reports or facts
✅ 3. Gather Your Own Evidence
- Witnesses who can refute the claims
- Screenshots of social media or text messages
- Medical or psychological evaluations
- Proof of lawful gun ownership and safe behavior
✅ 4. Appear at the Final Hearing
Your attorney can argue that the allegations were false, misleading, or exaggerated—and that there’s no legal basis for an RPO.
🧠 Can False RPO Allegations Be Penalized?
If someone knowingly provides false information in an RPO petition, they may be subject to:
- Perjury charges
- Contempt of court
- Civil liability for damages
However, these penalties are rarely enforced unless the falsehood is egregious and provable.
👨⚖️ Fort Lauderdale RPO Defense Lawyer
At Michael White, P.A., we defend clients throughout South Florida who have been wrongly targeted under Florida’s Red Flag Law.
We act fast to challenge false petitions, protect your Second Amendment rights, and keep your name out of federal background check databases.
🔍 More Answers About How to Challenge False Information in a Florida RPO
❓ Can I fight an RPO based on false claims?
Yes. You have the right to attend a hearing and present evidence to challenge the allegations.
❓ What happens if I miss the hearing?
The court may issue a final order by default, which can last up to 12 months and affect your firearm rights nationwide.
❓ Can I sue someone who lied to get an RPO?
Possibly. You may have a civil case if you can prove intentional falsehoods—but these are difficult and rare.
❓ Will the RPO show up on a background check?
Yes. Even a temporary RPO can be flagged in NICS and other background systems.
❓ Can I reverse an RPO once it’s in place?
Yes. You can petition for early termination, but you’ll need strong evidence and a hearing.