Fillable Temporary-ex-parte-risk-protection-order-and-notice-of-further-proceedings Temporary Ex Parte Risk Protection Order and Notice of Further Proceedings

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IN THE CIRCUIT COURT OF THE _______________________ JUDICIAL CIRCUIT,
IN AND FOR ________________________ COUNTY, FLORIDA
,
Petitioner
(Law Enforcement Officer/Agency)
Case No.:
v. Division:
,
Respondent
TEMPORARY EX PARTE RISK PROTECTION ORDER
AND NOTICE OF FURTHER PROCEEDINGS
THIS CAUSE came before the Court upon a Petition for a Risk Protection Order including
a request for a Temporary Ex Parte Risk Protection Order. The Court having reviewed the petition,
considered all relevant evidence presented, and being otherwise fully advised in the premises, the
request for a Temporary Ex Parte Risk Protection Order is hereby GRANTED.
NOTICE OF HEARING
The hearing on the petition for a Final Risk Protection Order will be held in Courtroom
_____, in the court facility located at ____________________________________ on
_______________, 20____, at ___________ A.M./P.M. At this hearing, the Court will
determine if a final risk protection order should be issued.
SECTION I. EVIDENCE AND FINDINGS
The Court has received evidence that:
the Respondent engaged in a recent act or threat of violence against themselves
or others;
the Respondent 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;
the Respondent may be seriously mentally ill or may have recurring mental
health issues;
the Respondent has violated a risk protection order or no contact order issued
under section(s) 741.30, 784.046, or 784.0485, Florida Statutes;
the Respondent is the subject of a previous or existing risk protection order;
the Respondent has violated a previous or existing risk protection order;
the Respondent 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;
the Respondent has used, or threatened to use, against themselves or others, any
weapons;
the Respondent has unlawfully or recklessly used, displayed, or brandished a
firearm;
the Respondent has used, or threatened to use on a recurring basis, physical force
against another person or has stalked another person;
the Respondent 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;
the Respondent, based on corroborated evidence, has abused or is abusing
controlled substances or alcohol;
the Respondent has recently acquired firearms or ammunition;
In addition, the Court has:
considered all relevant information from family and household members
concerning the Respondent;
received witness testimony while the witness was under oath concerning the
present matter; and
considered other relevant evidence as follows:
_____________________________________________________________________________
_____________________________________________________________________________
Based on these facts, the Court finds there is reasonable cause to believe Respondent poses
a significant danger of causing personal injury to themselves or others in the near future by
having in their custody or control any firearm or ammunition, or by purchasing, possessing, or
receiving, a firearm or ammunition.
SECTION II. ORDERED AND AJUDGED
RESPONDENT IS HEREBY ORDERED TO SURRENDER TO THE LAW
ENFORCEMENT OFFICER SERVING THIS ORDER ALL FIREARMS AND
AMMUNITION THAT THEY OWN OR HAVE IN THEIR CUSTODY, CONTROL, OR
POSSESSION AND ANY LICENSE TO CARRY A CONCEALED WEAPON OR A
CONCEALED FIREARM ISSUED UNDER S. 790.06, FLORIDA STATUTES.
A person who has in their custody or control a firearm or any ammunition or who
purchases, possesses, or receives a firearm or any ammunition with knowledge that they
are prohibited from doing so by court order commits a felony of the third degree,
punishable as provided in s. 775.082, s. 775.083, or s. 775.084, Florida Statutes.
Respondent has the sole responsibility to refrain from violating this order. Only the court
can change the order and only upon written request.
To the subject of this protection order: This order is valid until the date noted above. You
are required to surrender all firearms and ammunition that you own in your custody,
control, or possession. You may not have in your custody or control, or purchase, possess,
receive, or attempt to purchase or receive, a firearm or ammunition while this order is in
effect. You must surrender immediately to the
(insert name of local law enforcement agency) all firearms and ammunition in your custody,
control, or possession and any license to carry a concealed weapon or firearm issued to you
under section 790.06, Florida Statutes. A hearing will be held on the date and at the time
noted above to determine if a final risk protection order should be issued. Failure to appear
at that hearing may result in a court issuing an order against you which is valid for 1 year.
You may seek the advice of an attorney as to any matter connected with this order.
Additional provisions applicable to this order, if any: __________________________________
NOTICE OF COMPLIANCE HEARING
Petitioner and Respondent are ORDERED to appear for a hearing at which the
Respondent will be required to prove compliance with this Order, to be held in Courtroom
________, in the court facility located at __________________________________________ on
__________________, 20____, at ___________ A.M./P.M. A law enforcement officer taking
possession of any firearm or ammunition owned by the Respondent or a license to carry a
concealed weapon or firearm held by the Respondent shall issue a receipt identifying all firearms
and the quantity and type of ammunition that have been surrendered. Law enforcement shall file
the original receipt with the Court. The Court may cancel the hearing upon a satisfactory showing
that the Respondent is in compliance with the order.
Respondent and/or Respondent’s attorney may file any responsive pleadings in this cause
with the Clerk of the Circuit Court located at _________________________________________.
DONE AND ORDERED at ___________________, Florida, this _____ day of
_____________________, 20___.
Judge
I CERTIFY the foregoing is a true copy of the original order as it appears on file in the office of
the clerk of the circuit court of [name of county], ______________Florida, and that I have
furnished copies of this order as indicated below.
By:
{Deputy Clerk or Judicial Assistant}
Copies furnished to:
Petitioner (or his or her attorney):
____ by email
____ by hand-delivery in open court (Petitioner acknowledged receipt in writing on the face of
the original order – see below.)
____ by certification by clerk (Petitioner failed or refused to acknowledge receipt of a certified
copy.)
____ by mail to last known address
ACKNOWLEDGMENT
I, [name of petitioner], ___________________________________________acknowledge
receipt of a certified copy of this Temporary Ex Parte Risk Protection Order and Notice of
Further Proceedings.
___________________________________________________________________________
[Name of petitioner]
Respondent:
____ copy forwarded to law enforcement for personal service
Department of Agriculture and Consumer Services
____ by email
____ U.S. mail
Section 790.401, Florida Statutes, does not require the court to record a hearing on a petition for
a risk protection order; however, any party may arrange for a court reporter to record the hearing
and to prepare a written transcript of the hearing at that party’s expense. Arrangements for a
court reporter must be made in advance. In the event of an appeal, the appealing party will be
required to provide the court with a written transcript of what was said at the hearing.
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.
If you are a person with a disability who needs any accommodation in order to participate
in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance.
Please contact [identify applicable court personnel by name, address, and telephone
number] at least 7 days before your scheduled court appearance, or immediately upon
receiving this notification if the time before the scheduled appearance is less than 7 days. If
you are hearing or voice impaired, call 711.
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Temporary-ex-parte-risk-protection-order-and-notice-of-further-proceedings Temporary Ex Parte Risk Protection Order and Notice of Further Proceedings

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Completed 10 July 2020

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