If you’ve been served with a Risk Protection Order (RPO) in Florida, the consequences can be swift and serious. Your firearms may be seized immediately — before you’ve had a chance to speak in court.
Understanding what happens after an RPO is filed is crucial for protecting your rights and your future.
This guide breaks down the RPO process step-by-step and explains what legal defenses may be available to you.
🧠 What Is a Risk Protection Order?
Under Florida’s Red Flag Law (Fla. Stat. § 790.401), law enforcement can file a petition with the court asking a judge to temporarily remove firearms and ammunition from a person they believe poses a danger to themselves or others.
This is called a Risk Protection Order (RPO), and it:
- Restricts access to firearms
- Triggers immediate seizure of weapons
- Can last up to 12 months, with potential for extension
📝 Step 1: Law Enforcement Files the Petition
The process begins when law enforcement (not a private individual) files a sworn petition in circuit court.
To do this, police must allege that:
- You pose a significant danger of causing personal injury with a firearm, and
- There’s evidence to support that belief (recent threats, violence, reckless behavior, etc.)
⚠️ Important: No criminal charges or mental health diagnosis is required to file an RPO.
🧑⚖️ Step 2: Temporary Ex Parte Order May Be Granted
Once the petition is filed, a judge can issue a temporary ex parte order — without you being present — if they find there’s reasonable cause to believe you pose an immediate risk.
This order:
- Requires immediate surrender of all firearms and ammunition
- Can be served with or without prior notice
- Is valid for up to 14 days, until a final hearing is held
📅 Step 3: Final RPO Hearing Within 14 Days
A full hearing is scheduled within two weeks. You must be given notice and a chance to appear.
At this hearing:
- Law enforcement must prove the risk by clear and convincing evidence
- You have the right to challenge the allegations, present evidence, and have a lawyer represent you
- The judge decides whether to grant the final RPO
If granted, the RPO can remain in effect for up to 12 months.
🚫 Step 4: Your Rights and Restrictions Under the RPO
If the court issues a final RPO, you must:
- Surrender all firearms and ammunition
- Avoid possessing, purchasing, or receiving any new firearms
- Follow the order’s terms until it expires or is lifted
Violating the order can result in criminal charges — even if you never threatened anyone.
🔄 Can a Risk Protection Order Be Lifted or Modified?
Yes. You can petition the court once during the order’s duration to have the RPO lifted or modified.
To succeed, you’ll need to show that:
- You no longer pose a significant risk
- Circumstances have changed
- The order is no longer justified
An experienced defense attorney can help you prepare and present the strongest case possible.
🛡️ Why You Need a Lawyer Immediately
RPOs move quickly — and the consequences begin before you ever see a judge. By the time you’re served, police may already have your firearms.
A skilled attorney can:
- Request discovery and evidence
- Represent you at the hearing
- Challenge the allegations and credibility of witnesses
- Argue for denial, dismissal, or expiration of the RPO
📍Served with a Risk Protection Order in South Florida?
If you’ve been served with a red flag petition, act now. At Michael White, P.A., we defend clients in Fort Lauderdale and across South Florida who are facing RPOs — including those tied to domestic disputes, mental health allegations, or mistaken identity.
🟢 Free consultations available.
🟡 We protect your rights and your Second Amendment freedoms.
❓FAQs
Q1: Who can file a Risk Protection Order in Florida?
If you’ve been served with a red flag petition, act now. At Michael White, P.A., we defend clients in Fort Lauderdale and across South Florida who are facing RPOs — including those tied to domestic disputes, mental health allegations, or mistaken identity.
Q2: Can I be arrested if I don’t surrender my guns?
A: Yes. Violating an RPO — including failing to surrender firearms — can result in criminal charges.
Q3: Do I need a lawyer for an RPO hearing?
A: While not legally required, it is strongly recommended. RPO hearings involve legal rules, evidence, and cross-examination — having a lawyer greatly improves your odds.
Q4: Will an RPO show up on background checks?
A: RPOs are civil (not criminal), but they may show up in certain databases or affect your ability to purchase firearms during their duration.
Q5: How long does a Risk Protection Order last in Florida?
A: A final RPO lasts up to 12 months but can be extended or terminated early depending on the circumstances.