Risk Protection Order

Pursuant to Chapter 790.401, Florida Statutes, Risk Protection Orders can be either temporary (called an ex parte order) or granted as a final order under this section. A petition for a risk protection order may be filed by a law enforcement officer or law enforcement agency.

(e)  A petition must:
1. Allege the respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control, or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent;

2. Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent’s current ownership, possession, custody, or control; and

3. Identify whether there is a known existing protection order governing the respondent under Chapters 741.30, 784.046, or  784.0485, Florida Statutes, or under any other applicable statute.

Petitions are filed with the Probate Division of the Civil Court.