If you’re wondering whether a risk protection order can lead to criminal charges in Florida, the answer is yes.
In Florida, a Risk Protection Order (RPO) is a civil court order that allows law enforcement to temporarily seize a person’s firearms if they’re deemed a danger to themselves or others. But what many people don’t realize is that a risk protection order can lead to criminal charges in Florida, even though it begins as a civil matter.
At Michael White, P.A., we routinely defend clients facing this exact situation. If you’ve been served with an RPO or accused of violating one, here’s what you need to know.
🔫 How Risk Protection Orders Can Lead to Criminal Charges in Florida
RPOs are issued under Florida’s “Red Flag” law, found in Fla. Stat. § 790.401. While technically civil in nature, these orders often become the foundation for criminal investigations. For example:
Possessing a firearm while under an active RPO is a third-degree felony under § 790.233.
Attempting to purchase a gun or ammunition during an RPO period can trigger a criminal referral.
Transferring a gun to someone else in a “straw man” transaction can also lead to charges.
These cases often begin as simple civil hearings—but quickly escalate when law enforcement uncovers alleged noncompliance.
At Michael White, P.A., we routinely defend clients facing this exact situation. If you’ve been served with an RPO or accused of violating one, here’s what you need to know.
📱 Police Use Social Media to Catch Gun Offenders
In Fort Lauderdale and across Florida, law enforcement agencies have begun using social media monitoring as a digital stakeout. Officers and investigators routinely scan platforms like:
Instagram
Facebook
TikTok
Snapchat
They’re looking for:
Photos or videos showing firearms
Ammunition displays
Gun range visits
Group photos where someone appears to be holding or near a weapon
Even if the account holder doesn’t own the weapon, prosecutors can argue constructive possession—that the individual had control over or access to the firearm.
This is especially dangerous for individuals under an RPO or with prior felony convictions. A single post can lead to a search warrant, arrest, and criminal prosecution.
⚖️ When RPOs Overlap with Weapons Crimes
Once an RPO is in place, any possession or attempted possession of a firearm—even temporarily—is a felony. Things escalate even faster when the subject of the order has a criminal record. That’s when additional charges often arise, including:
Felon in possession of a firearm – Fla. Stat. § 790.23
Unlawful transfer of a firearm
Tampering with evidence if weapons are hidden or moved
In some cases, prosecutors add aggravating factors if the firearm appears in connection with threats, social media posts, or photos with minors.
🛡️ Defenses to RPO-Related Criminal Charges
A skilled criminal defense lawyer will review your case for key legal issues, including:
❌ Lack of possession: The firearm wasn’t yours or within your control.
❌ Stale or misleading social media content: Metadata can reveal old or repurposed images.
❌ Improper RPO service: If you were never properly served, charges may be invalid.
❌ Unlawful search/seizure: If police obtained digital evidence without a valid warrant or consent, suppression may be possible.
Many clients are surprised to learn how aggressively prosecutors pursue these charges, especially in high-profile cases involving guns and mental health concerns.
👨⚖️ Why You Need a Defense Attorney Immediately
If you’ve been served with a Risk Protection Order or suspect that law enforcement is monitoring your online activity, now is the time to act. These cases can evolve quickly—and silently—before charges are even filed.
At Michael White, P.A., we defend both the civil side (fighting the RPO in court) and the criminal side (defending against any resulting charges). Early intervention can make the difference between dismissal and a felony record.
đź“Ť Serving Fort Lauderdale, Broward County, and South Florida
Our firm represents clients throughout South Florida in cases involving:
Risk Protection Orders (RPOs)
Felony gun possession
Social media firearm evidence
Constructive possession allegations
We understand the overlap between Florida’s civil RPO system and criminal firearm laws—and we know how to push back.
đź“ž Charged After an RPO in Florida? Call Michael White, P.A.
If you or a loved one is facing criminal charges related to a Risk Protection Order, don’t wait. Contact our Fort Lauderdale office today for a confidential consultation. We’ll help you protect your rights, defend your freedom, and challenge any overreach by the State.
âť“ Frequently Asked Questions
Can a Risk Protection Order result in criminal charges in Florida?
Yes. While a Risk Protection Order (RPO) is technically a civil matter, violating it can lead to felony charges. For example, possessing or trying to buy a firearm while under an active RPO is a third-degree felony under Florida law.
What happens if you violate a Risk Protection Order in Florida?
If you’re found in possession of firearms or ammunition while an RPO is active, you can be arrested and charged with a felony. Florida law treats violations of RPOs very seriously—even if the original order was issued in a civil proceeding.
Can police use social media to find evidence of gun possession?
Yes. Law enforcement agencies in Florida routinely monitor platforms like Instagram, Facebook, and TikTok to find photos or videos of individuals under RPOs or with felony records holding firearms or ammunition.
Can you be arrested for a gun that appears in your photo but isn’t yours?
You can be. Prosecutors may claim constructive possession, arguing that you had access to or control over the weapon. These cases often hinge on metadata, context, and whether the firearm was within your reach or dominion.
What should I do if I’m facing charges related to an RPO?
You should contact a criminal defense attorney immediately. An experienced lawyer can help challenge the RPO, evaluate how the evidence was obtained, and fight any resulting criminal charges related to firearm possession. Facing criminal charges tied to a risk protection order in Florida requires an aggressive legal defense.