Miami Risk Protection Order Attorney
Facing a Risk Protection Order? Let The Hoffman Firm Help You!
In 2018, Florida lawmakers passed new gun control legislation that includes a new law called the “Risk Protection Order Act” (Florida Statute 790.401). This law permits police departments to file a petition in order to confiscate firearms and ammunition from individuals who pose a significant risk of gun violence. Unfortunately, many law-abiding gun owners have now been subject to this law for the wrong reasons, whether it’s to purposefully ruin their reputation or obtain a favorable outcome in other proceedings.
If you have been notified about a risk protection risk order filed against you in Miami, look no further than The Hoffman Firm to defend you and ensure your constitutional rights are always protected. Attorney Evan Hoffman can thoroughly examine your case, figure out all your legal options, and develop an effective and personalized defense strategy to prove your side of the story and get the most favorable result in court.
Schedule a free consultation and discuss your case with our Miami risk protection order attorney by calling (305) 928-1669 today.
Risk Protection Orders in Florida
A risk protection order (RPO) requires a person (known as the “respondent”) to give up their firearms, ammunition, and any dangerous weapons to law enforcement officials. Although police departments and officers can only file a petition for an RPO, any person can ask law enforcement officials to file a petition – as long as he/she has evidence against the respondent.
When a petition is filed, the court will schedule a hearing within 14 days and inform the respondent. Furthermore, a judge may issue a temporary RPO prior to hearing, upon request of a police officer.
The court will consider the following factors before issuing a risk protection order against you:
- If you committed a violent act or threatened such violent action within the past year
- If you used any guns or weapons against another person
- If you recklessly brandish a gun
- If you were stalking someone
- If you have been convicted of domestic violence or any other violent crime
- If you violated a protective order
- If you recently purchased or obtained a firearm or ammunition
- If you have been diagnosed with a mental health condition or experienced mental health issues
A final risk protection order can last up to one year; however, extensions can increase the time frame even longer. Violating an RPO is a third-degree felony.
Ready to Fight Your Risk Protection Order Today
Do not hesitate to let Attorney Hoffman guide you through the legal process and protect your rights inside and outside the courtroom. We are committed to fighting for the outcome and justice you deserve.
Contact us today for more information about The Hoffman Firm.
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