Risk Protection Orders in Florida: What They Are and How to Fight Back

If a law enforcement officer has filed a Risk Protection Order petition against you in Central Florida, you are facing a legal proceeding that could strip you of your firearms, your ammunition, and your concealed carry license, all before you have the chance to tell your side of the story.

Understanding Florida’s Red Flag Law

Florida’s Risk Protection Order statute, codified at Section 790.401 of the Florida Statutes, was enacted in 2018 as part of the Marjory Stoneman Douglas High School Public Safety Act. Often referred to as Florida’s “red flag law,” it allows law enforcement, and only law enforcement, to petition a circuit court judge to temporarily remove an individual’s firearms if that person is deemed to pose a significant danger to themselves or others.

Since its enactment, Florida has granted more Risk Protection Orders than any other state with similar legislation. In the first two years alone, Florida courts processed approximately 4,695 RPO petitions. That pace has not slowed. In the Ninth Judicial Circuit, which serves Orange and Osceola Counties, RPO petitions are heard regularly, and the consequences for respondents are immediate and serious.

Critical: There is no right to a court-appointed attorney in RPO proceedings. If you cannot afford a private attorney, you must represent yourself at the hearing. This is one of the most compelling reasons to contact experienced counsel immediately.

At Lindsey, Ferry & Parker, P.A., we defend individuals facing Risk Protection Orders throughout Central Florida. We understand that these cases involve not only your constitutional rights, but often your reputation, your livelihood, and your peace of mind. This page explains how Florida’s RPO process works, what you can expect, and how an experienced defense attorney can make the difference between losing your firearms for a year, or getting the petition denied entirely.

What Is a Risk Protection Order?

A Risk Protection Order is a civil court order that temporarily prohibits a person from purchasing, possessing, receiving, or controlling any firearms or ammunition. Under Florida Statute § 790.401, an RPO can last up to 12 months, and the court may extend it for additional 12-month periods upon review.

Unlike a criminal charge, an RPO does not result in a conviction. However, the practical effects are severe. If an RPO is issued against you, you must immediately surrender all firearms and ammunition in your custody, control, or possession to local law enforcement. You must also surrender any concealed weapons permit issued under § 790.06. Your name will be entered into the FICS and NICS background check systems, preventing you from purchasing firearms anywhere in the country for the duration of the order.

It is essential to understand what an RPO is not. An RPO is not the same as a domestic violence injunction under § 741.30, a stalking injunction under § 784.0485, or a repeat violence injunction under § 784.046. While all of these court orders can affect your firearm rights, they serve different purposes, are initiated by different parties, and follow different legal procedures. For a detailed comparison, see our page on RPOs vs. Domestic Violence Injunctions.

Who Can File a Petition for an RPO?

Under current Florida law, only a law enforcement officer or a law enforcement agency can file a petition for a Risk Protection Order. This is a critical distinction that separates Florida’s RPO statute from red flag laws in some other states, which allow family members, household members, or even medical professionals to petition the court directly.

In practice, RPO petitions in Central Florida are typically filed local law enforcement agencies operating within Central Florida. The petition must be filed in the county where the law enforcement office is located or where the respondent resides.

It is worth noting that the Florida Legislature has considered bills in multiple sessions that would expand the definition of “petitioner” to include family members related by blood or marriage. As of February 2026, those efforts have not succeeded, and the law remains limited to law enforcement petitioners. However, family members, neighbors, employers, and others can, and frequently do, report concerns to law enforcement, which can then decide whether to pursue an RPO petition.

There are no filing fees for an RPO petition, and no bond is required. The petitioning officer is not required to be an attorney.

The Two-Step RPO Process: Temporary and Final Orders

Florida’s RPO process operates in two stages, each with its own evidentiary standard and procedural requirements. Understanding this two-step structure is essential for anyone served with an RPO.

Step 1: The Temporary Ex Parte Risk Protection Order

In many cases, law enforcement will ask the court to issue a temporary RPO at the same time as the initial petition. The word “ex parte” is critical: it means the judge can issue this order without notifying you and without giving you an opportunity to be heard. To issue a temporary order, the judge need only find “reasonable cause” to believe that you pose a significant danger to yourself or others in the near future by having access to firearms or ammunition.

You will not know that a temporary RPO has been issued against you until you are served with the order and a notice of hearing. At that point, you must immediately surrender all firearms, ammunition, and your concealed carry license to law enforcement. There is no grace period.

Step 2: The Final Risk Protection Order Hearing

Upon receipt of the petition, the court must schedule a full hearing within 14 days. This is your opportunity to appear before a judge, with or without an attorney, and present your side. At the final hearing, generally the first thing that will happen is the Judge will conduct a compliance hearing. This hearing is to ensure that the Respondent has complied with the temporary risk protection order: i.e. whether the Respondent has surrendered all firearms, ammunition, and/or a concealed weapons permit. Following that hearing, the Court will conduct a hearing on whether to issue a final risk protection order. At this hearing, the evidentiary standard is higher: the court must find “clear and convincing evidence” that you pose a significant danger before issuing a final RPO lasting up to 12 months.

The difference between “reasonable cause” and “clear and convincing evidence” is significant. Clear and convincing evidence is the highest standard in civil proceedings, falling just below the “beyond a reasonable doubt” standard used in criminal cases. Your defense attorney’s job is to demonstrate that the State has not met this burden.

What Evidence Does the Court Consider?

Under § 790.401, the court may consider “any relevant evidence” when deciding whether to issue a Risk Protection Order. The statute specifically identifies several categories of evidence, including but not limited to:

Recent acts or threats of violence, including threats of suicide or self-harm, and whether a firearm was involved. Any history of using, threatening to use, or attempting to use physical force against another person. Whether the respondent has recklessly used or brandished a firearm. Any history of serious mental illness or recurring mental health issues documented through involuntary commitments or Baker Act proceedings. Violations of domestic violence injunctions, no-contact orders, or other protection orders. A prior conviction for domestic violence or any crime involving violence. Evidence of recent acquisition of firearms, ammunition, or other dangerous weapons. Unlawful or reckless use, display, or brandishing of a firearm.

This evidence can be presented through law enforcement testimony, 911 call recordings, body camera footage, Baker Act records, social media posts, text messages, and testimony from family members or household members. The respondent’s family or household members may provide relevant information through sworn testimony at the hearing.

An experienced RPO defense attorney will scrutinize every piece of evidence for reliability, context, and relevance. Statements taken out of context, unverified allegations, outdated incidents, and hearsay are all subject to challenge.

Defending Against a Risk Protection Order in Central Florida

Defending against an RPO requires preparation, speed, and a clear understanding of both the law and the evidentiary standards. At Lindsey, Ferry & Parker, P.A., our defense strategy typically involves several critical steps:

Immediate Case Assessment

The moment you are served with a temporary RPO and hearing notice, the clock starts. You have a maximum of 14 days before the final hearing. We begin by reviewing the petition, the supporting affidavit, and all available evidence to identify weaknesses in the State’s case.

Filing Motions for Discovery and Continuance

In many cases, we file motions to continue the 14-day hearing to allow adequate time for investigation. We also seek discovery of witness statements, police reports, 911 recordings, body camera footage, and any other evidence law enforcement relied upon in filing the petition. A thorough investigation is essential to mounting a credible defense.

Challenging the Evidence

We examine whether the allegations are supported by firsthand evidence or rely on hearsay. We assess whether incidents were taken out of context, whether mental health references are current or outdated, and whether the petitioning officer has accurately represented the facts. If the evidence does not meet the “clear and convincing” standard, the court should deny the final RPO.

Presenting Affirmative Evidence

We work with our clients to gather evidence demonstrating they do not pose a danger,  including character witnesses, employment records, community involvement, compliance with any existing treatment plans, and expert testimony where appropriate. Context matters enormously in these proceedings, and a one-sided presentation by law enforcement can paint a misleading picture.

Confidentiality Motions

The RPO statute makes no provision for confidentiality. If law enforcement alleges mental illness or other sensitive matters, you may face public scrutiny. We file motions seeking to protect confidential health information and limit public access to sensitive details of the proceedings.

How to Vacate a Risk Protection Order

If a final RPO is issued against you, you are not without options. Under § 790.401(6), you have the right to request one hearing to vacate the order during the effective period. If the RPO has been extended, you may request another hearing after each extension.

At the vacatur hearing, the burden shifts to you. You must demonstrate, by clear and convincing evidence, that you no longer pose a significant danger of causing personal injury to yourself or others by having firearms or ammunition in your possession. This is an extraordinarily high burden for the respondent to carry, and it underscores why experienced legal representation is essential.

Evidence that may support a motion to vacate includes completion of mental health treatment, substance abuse counseling, stable employment, community support, and a sustained period without any incidents. Your attorney can also challenge the continued relevance of the original allegations, particularly if the circumstances that prompted the RPO have materially changed.

If you believe the court made an error in issuing the RPO, you also have the right to appeal the decision to the Sixth District Court of Appeal. However, the appellate court will presume the trial judge’s decision was correct unless you can demonstrate otherwise, which requires a hearing transcript. If you anticipate an appeal, it is critical to arrange and pay for a court reporter at the original hearing, as Florida courts are not required to provide transcription for RPO proceedings.

Penalties for Lying Under Oath at an RPO Hearing

Florida takes the integrity of RPO proceedings seriously. Under § 790.401(11), it is a third-degree felony for any person. including the respondent, a law enforcement officer, or any witness, to knowingly and willfully make a false statement under oath during any hearing on a risk protection order petition. A third-degree felony in Florida carries up to 5 years in prison and a $5,000 fine.

This provision cuts both ways. While it deters respondents from making false claims, it also serves as a critical tool in your defense. If a petitioning officer or witness has exaggerated, fabricated, or misrepresented facts in the petition or at the hearing, your attorney can raise this issue to challenge the credibility of the State’s evidence and potentially expose the witness to criminal liability.

RPOs vs. Domestic Violence Injunctions: Key Differences

Clients often confuse Risk Protection Orders with domestic violence injunctions, and for good reason, both can result in the loss of firearm rights. However, they are fundamentally different legal proceedings:

Element	Risk Protection Order	DV Injunction
Who Can File	Law enforcement only	Any person claiming to be a DV victim
Statutory Basis	§ 790.401	§ 741.30
Primary Purpose	Remove firearms from a dangerous person	Protect a victim from a specific abuser
Evidentiary Standard	Clear and convincing evidence	Preponderance of the evidence
Duration	Up to 12 months (extendable)	Indefinite (until modified or dissolved)
Firearm Impact	All firearms/ammo surrendered	Firearm restrictions if ordered
Right to Public Defender	No	No
Criminal Penalties for Violation	Not directly (but possession is illegal)	Yes — criminal contempt

 

For a more detailed analysis of these differences, including how each affects your rights and what defense strategies apply, see our dedicated page on RPOs vs. Domestic Violence Injunctions.

Why You Need an Attorney for an RPO Case

The Risk Protection Order process may be civil in nature, but the consequences are anything but minor. If an RPO is entered against you, you lose your ability to possess, purchase, or receive any firearm or ammunition for up to a year. Your name is flagged in the national background check system. If the RPO was triggered by allegations of mental health concerns, those allegations may become part of the public record.

Here is the harsh reality: the RPO process is designed to move fast. Law enforcement files a petition, a judge may issue a temporary order the same day, and you have only 14 days to prepare for the final hearing. The attorney for the law enforcement agency comes to that hearing with a sworn affidavit, officer testimony, and whatever evidence they have gathered. If you walk in alone and unprepared, the odds are stacked against you.

At Lindsey, Ferry & Parker, P.A., we know how these cases are built, how to deconstruct the evidence, and how to present a compelling case that you do not pose a danger to yourself or others. We handle every aspect of the defense, from filing motions for continuance and discovery, to cross-examining officers, to presenting expert testimony when needed.

Your right to keep and bear arms is a constitutionally protected right. It deserves a vigorous defense.

Served with a Risk Protection Order?

You have 14 days before the final hearing. There is no right to a public defender. Every day you wait is a day you cannot prepare your defense. Contact Lindsey, Ferry & Parker, P.A., now for a free, confidential consultation. Call 407-278-7692. Available 24/7.

Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this content. Every case is unique, and results depend on the specific facts and circumstances. If you are facing a Risk Protection Order, contact a licensed Florida attorney to discuss your situation. Lindsey, Ferry, Parker P.A. serves Orange County and the Ninth Judicial Circuit of Florida.