Risk Protection Order cases provide procedures whereby a law enforcement officer or a law enforcement agency can obtain a court order temporarily restricting a person’s access to firearms for up to one year in situations where the person poses a significant danger of harming himself/herself or others by possessing a firearm.
If you are a law enforcement officer or law enforcement agency seeking a Risk Protection Order from the court:
In order to open a Risk Protection Order case, a law enforcement officer or law enforcement agency must file the following documents with the Clerk of Courts of the Domestic Violence Division: Petition for Risk Protection Order including an Affidavit in Support of Risk Protection Order and a Respondent’s Description Sheet. Links to these forms are available to the left. Law enforcement officer/agencies may submit Petitions via efile through the portal at www.myflcourtaccess.com, or filed in person with the Clerk of Courts of the Domestic Violence Division at L.E.T. Courthouse Center, 175 NW 1st Avenue, Mezzanine Floor, Miami, FL. 33128.
If a Risk Protection Order has been entered against you and you would like to have the order removed:
In order to remove a Risk Protection Order that has been issued against you and has not yet expired, you must appear for a hearing before a Judge. If you would like a hearing with a Judge to request the removal of your Risk Protection Order, you must first file a motion (a written request) to dismiss with the court. A link to this motion form is available to the left and once filled out can be submitted in person with the Clerk of Courts of the Domestic Violence Division at any of the following courthouses:
- L.E.T. Courthouse Center, 175 NW 1st Avenue, Mezzanine Floor, Miami, FL. 33128;
- Hialeah Courthouse, 11 E. 6th Street, Hialeah, FL. 33010;
- South Dade Justice Center, 10710 SW 211th Street, Miami, FL. 33189;
- North Dade Justice Center, 15555 Biscayne Boulevard, Miami, FL. 33160;
- or sent to the Domestic Violence Case Management Unit at email@example.com. If the Judge grants your request for a hearing, you will receive a notice to appear for court in the mail. If the Judge denies your request for a hearing, you will receive an order in the mail which will include the Judge’s reason for denying your request.
If a Risk Protection Order that has been issued against you has expired:
If a Risk Protection Order that was issued by the court against you on behalf of a law enforcement officer or agency has expired, the case will be closed. If law enforcement removed your firearm(s) as a result of the Risk Protection Order, you must contact the law enforcement agency that filed the Risk Protection Order against you (the name of the agency can be found on the top left of your Risk Protection Order) to request the return of your firearm(s).
If you need additional information regarding Risk Protection Orders you may contact the Clerk of Courts for the Domestic Violence Division at (305)349-5813 or the Domestic Violence Case Management Unit at (305)349-5556.