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Legal Information: Florida

Restraining Orders

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June 18, 2021

How do I get a risk protection order?

A law enforcement officer or agency must be the one who files for the risk protection order.1 The law enforcement officer or agency who files the petition must inform the respondent’s family or household members and any third party who could be at risk of violence about the petition and any appropriate resources and referrals.2 The petition for a risk protection order must claim that:

  • the respondent poses a significant danger of causing personal injury to himself/herself or others by:
    • having a firearm or any ammunition in his/her custody or control; or
    • purchasing, possessing, or receiving a firearm or any ammunition.

The law enforcement officer or agency’s petition for a risk protection order must also include an affidavit made under oath stating the specific statements, actions, or facts that caused a reasonable fear of significant dangerous acts by the respondent.3

1 Fla Stat. § 790.401(1)(a)
2 Fla Stat. § 790.401(2)(f)
3 Fla Stat. § 790.401(2)(e)(1)