Fillable INSTRUCTIONS FOR WRITTEN REQUEST FOR HEARING TO VACATE (Florida)

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INSTRUCTIONS FOR WRITTEN REQUEST FOR HEARING TO VACATE (Florida)

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INSTRUCTIONS FOR WRITTEN REQUEST FOR HEARING TO VACATE FINAL
RISK PROTECTION ORDER
When should this form be used?
This form must be used if you wish to request a hearing to vacate a final risk protection order
that has been entered against you pursuant to section 790.401(3), Florida Statutes, or that has
been extended pursuant to section 790.401(6), Florida Statutes. If you use this form, you are the
respondent. As respondent, you may file one written request for a hearing to vacate a final risk
protection order after the date the order is issued by the judge. You may also file one written
request for a hearing to vacate after each extension of the final risk protection order.
Who may file this form?
This form may be filed by:
• A respondent who has had a final risk protection order entered against him or her
pursuant to section 790.401(3), Florida Statutes, and who has not previously filed a
written request for a hearing to vacate the order; or
• A respondent who has had a final risk protection order against him or her extended and
who has not previously filed a written request to vacate the risk protection order since
such extension.
Additional Instructions
You must file the original of this form with the clerk of court and must serve a copy (by U.S.
Mail, email, hand delivery, or other means of service permitted under the rules of court) on the
Petitioner in this case.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
,
Petitioner
(Law Enforcement Officer/Agency)
Case No.:
v. Division:
,
Respondent
REQUEST FOR HEARING TO VACATE FINAL RISK PROTECTION ORDER
SECTION I.
1. I am the Respondent in this case.
2. I currently live at the following address {street address, city, state, and zip code}:
3. My telephone number {area code and number} is:
4. My email address (if applicable) is:
5. My attorney's name, address, and telephone number are:
(If you do not have an attorney, write "none.")
SECTION II.
1. Pursuant to Section 790.401(6)(a), Florida Statutes, this is a request for a hearing to vacate a Final
Risk Protection Order entered {date} ________ by Judge ___________________. {name of judge
who entered the risk protection order}.
2. I have not previously requested a hearing to vacate the Final Risk Protection Order presently in
effect.
3. I do not pose a significant danger of causing personal injury to myself or to others by having
firearms and/or ammunition in my custody, control, or possession, or by purchasing, possessing,
or receiving a firearm or ammunition for the reasons below.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
(add another page if necessary)
Signature of Respondent Date
Print Name of Respondent
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of this Request to Vacate Final Risk Protection Order
was served on Petitioner by (enter service method – e.g. U.S. Mail, email, hand delivery, etc.) at (enter
address), this ______ day of ____________, 20____.
Signature of Respondent
Respondent has a responsibility to keep the court informed, in writing, of any change of address. Failure
to do so may jeopardize Respondent’s rights.
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INSTRUCTIONS FOR WRITTEN REQUEST FOR HEARING TO VACATE (Florida)

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Completed 9 February 2021

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