Risk Protection Orders: Can a Criminal Defense Lawyer Help Me?

risk protection ordersOne of the most controversial laws in the state of Florida is the Marjory Stoneman Douglas High School Public Safety Act. The Florida Legislature passed the law in 2018 in response to the deadly shooting at the high school of the same name. The state government created and approved the proposal to restrict access to firearms from people deemed to pose a danger to themselves and others. Another term for this restriction on individuals is a Risk Protection Order, also known as an RPO. This article will explore the dynamics of the RPO, and it will outline your legal rights when it comes to defending yourself from this restriction.

How Do You Get a Risk Protection Order?

Only a law enforcement officer can request a Risk Protection Order, which means a civilian cannot ask for this action in front of a judge. Instead, a civilian must go to their local police department to file a petition for an RPO. A representative from the police department must then submit the request in front of a local judge to obtain the RPO.

RPOs Affect the Average Citizen

risk protection orders lawAn RPO can affect the average citizen without any warning. For example, if someone in your family or a neighbor decides that you should not have a gun in your possession, they can file a petition for an RPO. You might not have any say in the matter when law enforcement arrives to confiscate your firearms and ammunition. Instead, you will need to attend a hearing in front of a judge to contest the RPO.

A Criminal Defense Lawyer Can Help

If you have an RPO against you, and local law enforcement seized your firearms, it is in your best interest to consult a Miami criminal defense lawyer. Why? If you want to fight an RPO, you will need to appear in front of a judge for a hearing. To request a hearing, you must file a motion to dismiss the RPO with the court. You must submit the proposal with the Clerk of Courts of the Domestic Violence Division. 

You do not want to make any mistakes when filing the written motion. You also don’t want to omit any information. That’s why you need a criminal defense attorney to review the RPO filed against you, and then help file a written motion to dismiss the RPO. This situation is a serious legal matter that requires an adept practitioner to handle it appropriately and swiftly. Don’t risk your rights by trying to represent yourself when it comes to your firearms and ammunition in Florida.

Facing a Risk Protection Order? Contact a Criminal Defense Lawyer

If you are challenging an RPO in Florida, you need to enlist the services of an experienced criminal defense lawyer. Don’t lose your firearms to this development. Protect your right to bear arms by using the full extent of the law. Contact the office of Piotrowski Law at 305-930-6652 to consult our skilled and knowledgeable staff about your situation.