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Help in Orlando, Florida through a Risk Protection Order for Family Members Who are in Danger from a Mentally Ill Loved One

Effective the spring of 2018, there is now a tool for law enforcement to aid families that struggle with loved ones who are a danger to themselves and other. Before this, law enforcement’s hands were tied by the law. They could not effectively assist families with mentally ill relatives who were dangerous, however, now they can. They now have a tool to assist them to accomplish that.

The help comes in the form of a risk protection order. What is a risk protection order? How can it help you? Florida Statute 790.401 explains risk protection orders. A petition for a risk protection order may be filed by a law enforcement officer against a respondent. To do that the law enforcement officer files a petition with the court.

The law enforcing officer must allege in the petition that the respondent poses a significant danger of causing personal injury to himself or herself or others by having a firearm or any ammunition in his or her custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to a reasonable fear of significant dangerous acts by the respondent.

The petitioner must make 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. The notice must state that the petitioner intends to petition the court for a risk protection order or has already done so and must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to have provided such notice or must attest to the steps that will be taken to provide such notice appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner must attest in the petition to have provided such notice or must attest to the steps that will be taken to provide such notice.

After a petition for risk protection is filed, a risk protection order is granted, and a hearing will be held. Upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date of the order and must issue a notice of hearing to the respondent for the same.

Seminole County has an Administrative Order 18-23 governing Risk Protection Orders. A temporary risk protection order may be entered ex-parte. Then a hearing is held on whether the judge should issue a risk protection order. Per Seminole County Administrative Order 18-23, all other risk management hearings will be heard in the Guardianship/Mental Health division and shall be recorded.

If you have more questions regarding a Guardianship, or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only and does not form an attorney-client privilege.