Fillable INSTRUCTIONS FOR FILING A PETITION FOR A RISK (Florida)

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INSTRUCTIONS FOR FILING A PETITION FOR A RISK (Florida)

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INSTRUCTIONS FOR FILING A PETITION FOR A RISK PROTECTION ORDER
(With or Without Requesting a Temporary Ex Parte Risk Protection Order)
Who may file this form?
This petition must be filed by either a law enforcement officer or a law enforcement agency
through an employee or person authorized to file the petition on their behalf (the “Petitioner”).
No one other than law enforcement may file a petition for a risk protection order. It is not
necessary for the Petitioner to be an attorney.
When should this form be used?
This form should be used in situations when there is evidence that a person (the “Respondent”)
poses a significant danger of harming himself or herself or others by possessing a firearm or
ammunition.
This form can be used to request a court order that will require the Respondent to 1) surrender to
law enforcement all firearms, ammunition, and any license to carry a concealed weapon or
firearm in their possession, custody or control; and 2) be prohibited from purchasing, attempting
to purchase, receiving, or possessing any firearms or ammunition for a specified period of time,
up to one year.
The Petitioner may also use this form to request a temporary ex parte risk protection order. A
temporary ex parte risk protection order may be issued without notice to the Respondent upon a
showing that the Respondent poses a significant danger of causing personal injury to himself or
herself or others in the near future. Such an order is in effect only until the hearing on the petition
for a final risk protection order at which time the Respondent will have received notice and an
opportunity to participate in the hearing.
If the Petitioner requests a temporary ex parte risk protection order, there are two additional
requirements that are not otherwise required for a petition for a final risk protection order: 1) the
sworn facts that demonstrate that Respondent poses a significant danger of causing injury must
be based on personal knowledge; and 2) the sworn facts must demonstrate that the danger may
occur in the near future.
If issued, a temporary ex parte risk protection order 1) will require the Respondent to
immediately surrender all firearms and ammunition in the Respondent’s custody, control, or
possession and any license to carry a concealed weapon or firearm issued to the Respondent
under section 790.06, Florida Statutes, and 2) will temporarily prohibit the Respondent from
purchasing, attempting to purchase, receiving, or possessing a firearm or ammunition.
Where must this form be filed?
This petition must be filed in the clerk’s office for the circuit court 1) in the county where the
Petitioner’s law enforcement office is located or 2) in the county where the Respondent resides.
What must be shown?
The petition and accompanying affidavit(s) must provide facts that give rise to a reasonable fear
that Respondent poses a significant danger of causing personal injury to themselves/others by
having a firearm or ammunition in their custody, control, or possession. The burden of
persuasion for a temporary ex parte risk protection order is “reasonable cause.” The burden of
persuasion for a final risk protection order is “clear and convincing evidence.”
As much of the Respondent’s identifying and demographic information as possible must be
included in the appropriate spaces in Section II.
Other important instructions:
Depending on the facts and circumstances, the Petitioner may either file a petition only for a
final risk protection order, or file a petition for a final risk protection order with a request for a
temporary ex parte risk protection order. The Petitioner should indicate immediately under the
title whether the Petitioner does or does not request a temporary ex parte risk protection order.
Pursuant to section 790.401(2)(h), Florida Statutes, there are no fees for filing a petition.
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
,
Petitioner
(Law Enforcement Officer/Agency)
Case No.:
v. Division:
,
Respondent
PETITION FOR RISKPROTECTIONORDER
(WithorWithoutRequestfor TemporaryExParteRiskProtectionOrder)
This petition ☐ DOES or ☐ DOES NOT request a Temporary Ex Parte Risk Protection Order.
SECTION I. PETITIONER
Petitioner must be a law enforcement officer or a law enforcement agency.
1. Petitioner’s full legal name or name of petitioning agency:
2. Petitioner’s office/agency is located at {street address, city, state, and zip code}:
3. Petitioner’s telephone number for 24 hour accessibility:
SECTION II. RESPONDENT {Petitioner is to fill out as much information as possible.}
1. Respondent’s full legal name:
2. Respondent’s address: {street address, city, state, and zip code}
3. Identifying information of Respondent:
Race: Gender Expression: Male Female Other
Date of Birth:
Height: Weight: Eye Color: Hair Color:
4. Distinguishing marks or scars:
5. Vehicle: {make/model} Color: Tag #:
6. Other names Respondent goes by: {aliases or nicknames}
7. Respondent’s email address:
8. Respondent’s telephone number:
9. Respondent’s Driver’s License number:
10. Respondent’s attorney’s name, address, and telephone number:
11. Is Respondent in jail? Yes No
If yes, date of arrest Jail #: Cell #:
12. Is Respondent a juvenile? Yes No
SECTION III. BASIS FOR PETITION
In support of this petition, the undersigned Law Enforcement Officer/Agency alleges:
1. Respondent poses a significant danger of causing personal injury to themselves or others
by having a firearm or any ammunition in their custody or control or by purchasing,
possessing, or receiving a firearm or any ammunition.
______ Respondent poses a significant danger of causing personal injury to
themselves or others in the near future. [Required for a Temporary Ex Parte Risk
Protection Order.]
2. An affidavit (or affidavits) alleging specific facts that give rise to a reasonable fear of
significant dangerous acts by the Respondent is attached to this petition as Exhibit A and
is incorporated by reference. {If a temporary risk protection order is requested, facts
supporting the allegation that Respondent poses a significant danger of causing personal
injury to themselves or others IN THE NEAR FUTURE must be provided from someone
with PERSONAL KNOWLEDGE of those facts.}
3. The quantities, types, and locations of all firearms and ammunition the Petitioner believes
to be in the Respondent’s ownership, possession, custody, or control are listed below
and/or on the attached Exhibit B.
Quantity: Type: Location:
Quantity: Type: Location:
Quantity: Type: Location:
Respondent was issued was not issued a concealed weapon/firearms license.
See attached Exhibit B for firearms and/or ammunition.
4. Petitioner is aware is not aware of an existing protection order governing the
Respondent under s. 741.30, s. 784.046, or s. 784.0485, Florida Statutes, or under any
other applicable statute. If aware, list the existing protection order case number(s) and
attach a copy, if available. .
5. Relevant evidence for the Court’s consideration is detailed in the attached affidavit(s) that
demonstrates the Respondent:
was involved in a recent act or threat of violence against themselves or others;
engaged in an act or threat of violence, including but not limited to acts or threats
of violence against themselves, within the past 12 months;
may be seriously mentally ill or may have recurring mental health issues;
has violated a risk protection order or no contact order issued under section(s)
741.30, 784.046, or 784.0485, Florida Statutes;
is the subject of a previous or existing risk protection order;
has violated a previous or existing risk protection order;
has been convicted of, had adjudication withheld on, or pled nolo contendere in
Florida or in any other state to a crime that constitutes domestic violence as
defined in s. 741.28, Florida Statutes;
has used, or threatened to use, against themselves or others, any weapons;
has unlawfully or recklessly used, displayed, or brandished a firearm;
has used, or threatened to use on a recurring basis, physical force against another
person or has stalked another person;
has been arrested for, convicted of, had adjudication withheld, or pled nolo
contendere to a crime involving violence or a threat of violence in Florida or in
any other state;
has abused or is abusing controlled substances or alcohol;
has recently acquired firearms or ammunition;
is required to possess firearm(s) and/or ammunition in the scope and duties of
their occupation;
has been the subject of proceedings under the Baker Act or Marchman Act;
other (Additional relevant information may be included as attached exhibits. This
may include reports or conclusions from a threat assessment team.).
SECTION IV. NOTICE
Petitioner has made a good faith effort to provide notice to a family or household
member of the Respondent and to any known third party who may be at risk of violence
in compliance with s. 790.401(2)(f), Florida Statutes; or
Petitioner will take the following steps to provide notice as required by s. 790.401(2)(f),
Florida Statutes.
SECTION V. [TEMPORARY] RISK PROTECTION ORDERS
For the foregoing reasons, Petitioner requests the Court to:
enter a Temporary Risk Protection Order.
schedule a hearing to be held within 14 days of the date of the order to determine if a
Final Risk Protection Order should be entered.
Respectfully submitted this day of , 20 .
Signature of Petitioner
Name of person filing petition
Law Enforcement Agency
Service address
Email address
Telephone Number
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INSTRUCTIONS FOR FILING A PETITION FOR A RISK (Florida)

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Completed 9 February 2021

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