A Risk Protection Order (RPO) in Florida allows law enforcement to take away your firearms — even if you haven’t been convicted of a crime. These orders are civil, not criminal, but they can have serious long-term consequences.
If police or a family member has filed an RPO against you in Fort Lauderdale or anywhere in South Florida, here’s what you need to know about the process, your rights, and how to fight it.
⚖️ What Is a Risk Protection Order?
Under Florida Statute § 790.401, a Risk Protection Order is a civil court order that temporarily prevents a person from:
Possessing
Purchasing
Receiving
Owning
…any firearms or ammunition if they’re deemed a danger to themselves or others.
These orders are often filed after:
Domestic violence calls
Mental health crises
Threats of harm or suicide
RPOs are sometimes called “red flag laws” — and Florida’s version gives law enforcement significant power to act quickly.
📅 What Happens Immediately After an RPO Is Filed?
After police file a petition:
The court may issue a temporary ex parte RPO without notifying you.
Law enforcement can immediately seize firearms or request you surrender them.
A final hearing is scheduled within 14 days of the petition.
At that hearing, the judge will decide whether to:
Dismiss the petition
Grant a final RPO (valid up to 12 months)
🔍 Can You Fight a Risk Protection Order?
Yes — you have the right to:
Receive notice of the final hearing
Present evidence and testimony
Cross-examine witnesses, including officers
Have legal representation
If the State can’t prove by clear and convincing evidence that you pose a danger, the RPO must be denied.
That’s where having an experienced lawyer makes a major difference.
🧠 What Evidence Is Considered?
The judge may consider:
Recent threats or acts of violence
Behavior involving weapons
Mental health or substance abuse history
Criminal arrest record
Witness statements
Law enforcement affidavits
Even no charges or convictions are required — hearsay and officer suspicion can be enough to trigger an RPO unless challenged.
📱 Social Media and RPO Investigations
South Florida law enforcement agencies often monitor social media when pursuing RPOs. A photo with a gun, a vague threat, or a controversial comment can be:
Misinterpreted
Taken out of context
Used in court to justify seizure of firearms
If you’ve posted anything online that may raise concerns — even jokingly — it can come back to haunt you during a hearing.
🛡️ What Happens if a Final RPO Is Granted?
If the judge issues a final Risk Protection Order:
You must surrender all firearms and ammunition
You cannot purchase or possess new weapons for up to 1 year
The order is reported to background check databases
After the order expires, you may request return of your firearms — but some agencies delay or resist that process unless compelled.
📍 How a South Florida RPO Lawyer Can Help
At Michael White, P.A., we defend your constitutional rights — including the right to bear arms and the right to due process.
We can:
Represent you at the final hearing
Cross-examine police and witnesses
Challenge weak or misleading evidence
File motions to terminate or modify the order
📞 Contact us immediately if you’ve been served with a Risk Protection Order.
🙋♂️ Frequently Asked Questions
❓ Do I lose my gun rights forever after an RPO?
No. RPOs last up to 1 year, and do not result in permanent loss of rights unless extended or followed by criminal conviction.
❓ Can I appeal a Risk Protection Order in Florida?
Yes. You can request a motion to vacate or appeal the decision under Florida law.
❓ Is an RPO a criminal charge?
No — it’s a civil proceeding. But violating it can lead to criminal charges.
❓ Can someone use social media against me in an RPO hearing?
Yes. Posts, messages, and photos can be entered as evidence and misinterpreted.
❓ Can I get my guns back after an RPO expires?
Yes — but you may need to petition the court or sheriff’s office, and delays are common.