If you’re unsure how to respond to a risk protection order hearing in Florida, here’s what you need to know to protect your rights and avoid serious consequences.
Here’s exactly what to do (and not do) if you’re facing an RPO hearing under Florida’s Red Flag Law.
🚨 What Is a Risk Protection Order?
A Risk Protection Order (RPO) is a type of civil court order that temporarily removes firearms and ammunition from someone who is alleged to pose a danger to themselves or others.
Under Florida Statute § 790.401, law enforcement can file for an RPO based on allegations of:
Recent threats of violence
Mental health issues
Criminal history involving weapons
Substance abuse or reckless behavior
🔍 RPOs are civil—not criminal—but they still carry serious consequences.
📆 What Happens at the RPO Hearing?
You’ll receive a court date shortly after the temporary RPO is issued. The hearing determines whether the court will issue a final RPO, which can last up to 1 year.
At the hearing, the judge will consider:
Testimony from law enforcement
Witness statements or evidence
Your criminal history and mental health records
Any threats, social media posts, or prior incidents
Your own testimony (if offered)
🧠 How to Respond to a Risk Protection Order Hearing in Florida
👨⚖️ 1. Hire an Attorney Immediately
Do not try to handle this alone. RPO hearings can be technical and move fast.
Your lawyer will:
Review the petition and police report
Challenge questionable evidence or hearsay
Represent you during the hearing
Protect your rights and reputation
📄 2. Gather Evidence That Supports You
Useful evidence may include:
Character witness letters
Mental health records or evaluations
Proof of lawful firearm ownership
Security footage contradicting the allegations
Screenshots of misleading social media accusations
🔇 3. Do Not Contact the Petitioner
Even if the RPO is based on false or exaggerated claims, do not reach out to the person who filed it. This can hurt your case—or lead to criminal charges.
If you don’t know how to respond to a risk protection order hearing in Florida, don’t go it alone—consult a qualified defense attorney immediately.
❌ Consequences of a Final RPO
If granted, a Risk Protection Order can result in:
Mandatory firearm surrender
Ineligibility to buy or possess new firearms
Listing in national background check databases (NICS)
Job-related issues for those in law enforcement, military, or security
You may petition for early termination after 6 months, but the burden is on you.
🛡️ RPO Defense in Fort Lauderdale and South Florida
At Michael White, P.A., we represent clients served with Red Flag Law petitions and fight to keep their rights intact. As a former prosecutor, Attorney White understands how law enforcement frames these cases—and how to challenge them effectively.
🔍 More Answers About Risk Protection Order Hearings in Florida
❓ Is an RPO hearing a criminal trial?
No. It’s a civil hearing—but it can still restrict your rights and appear in certain background checks.
❓ Do I have to turn in my guns right away?
Yes, if a temporary RPO is issued. Your attorney may later challenge the final order in court.
❓ Can I lose my gun rights permanently?
No. Final RPOs are temporary (up to 12 months), but they can be renewed if the court sees ongoing risk.
❓ Will this go on my criminal record?
No. An RPO is civil, not criminal. But it may affect certain background checks, especially for jobs involving weapons.
❓ Can I fight the RPO and win?
Yes. With a strong defense and proper evidence, RPOs can be denied, dismissed, or allowed to expire without renewal.