Hassett & Associates, P.A.
Call 24/7 - (954) 791-3939 | Hablamos Español
Hassett & Associates, P.A.
Call 24/7 - (954) 791-3939 | Hablamos Español

Main Office:
6099 Stirling Road, Ste 217
Davie, FL 33314

Broward Office:
1327 SE 2nd Ave.
Ft Lauderdale, FL 33316

Miami Dade Office:
By Appointment Only
Miami, FL

Fort Lauderdale Risk Protection Order Lawyer

Experienced and Respected Criminal Defense

Call 24/7 – (954) 791-3939

Help from a Fort Lauderdale Risk Protection Order Lawyer

While you might think that Florida is a friendly state for firearms owners, it is possible for law enforcement officers to take away your guns if you are determined to pose a risk to the public. However, even if you are the subject of a risk protection order, you will still have rights. With the help of Fort Lauderdale criminal defense lawyer Kenneth P. Hassett, Esq., you can appeal the risk protection order and potentially recover your firearms. Here’s some information about risk protection orders and what to do if you are placed under one.

What Is a Risk Protection Order?

In Florida, a risk protection order is a type of protection order that requires the subject to turn over all firearms and ammunition they possess and their license to carry to the police. If you are placed under a risk protection order, you will be prohibited from buying new firearms or ammunition as long as it is in place. In most cases, risk protection orders are effective for up to one year.

Following the Parkland, Florida high school shooting, the state passed § 790.401, Fla. Stat. (2022). The goal of this law is to reduce the risk that a mass shooting event could occur again in Florida. It allows law enforcement officers to seize ammunition and firearms from people if courts have determined they are dangerous to their communities.

After someone has made a report, police officers must investigate the claim. If the police believe that the person they are investigating poses a danger to themselves or others, they can request a risk protection order from the court. Once it is granted, the police can then confiscate the person’s firearms and ammunition.

When Can Someone Be Placed Under a Risk Protection Order?

Before you can be placed under a risk protection order, both a police officer and a judge must determine that you pose a risk to yourself or to others. They must also believe that there is a real chance that you could harm yourself or someone else.

To make this determination, the police will investigate whether or not there is evidence that shows you have engaged in a dangerous behavioral pattern. Police officers might interview people who know you, including your friends, coworkers, and family members. They might use any previous legal incidents involving you against you. In some cases, your mental health might be used against you, and the investigation could cause potential problems with your career and relationships with others in the community.

If an officer believes they have sufficient evidence to show that you present a danger, the officer will petition the court for a risk protection order. There aren’t any exceptions to this type of order, including if you are required to carry a firearm for your job.

What if a Risk Protection Order Is Issued?

If a judge issues a risk protection order against you, the police will confiscate your ammunition, firearms, and your concealed carry license for up to one year. After the order is issued, you can file a request for the order to be vacated.

Fighting a Fort Lauderdale Risk Protection Order

When a police officer in Fort Lauderdale presents their case to a court that a risk protection order should be issued against you, they must present evidence showing that you pose a credible risk to yourself or the public. To fight this type of order, you must show that you are not a risk to yourself or the public.

Once an order is issued, you have the right to file an appeal and present evidence demonstrating that you are not a risk to yourself or the community. It will be best for you to retain an experienced Fort Lauderdale criminal defense lawyer like attorney Kenneth P. Hassett to do so effectively since you will have the burden of proof.

Attorney Hassett will help you gather evidence and build a strategy to show that the court should not have placed you under a risk protection order. How your lawyer will do this will depend on the particular facts of your case.

Is a Risk Protection Order a Second Amendment Violation?

You might be surprised that Florida allows risk protection orders. While the constitutionality of these orders might eventually be challenged, they are currently the law. If you are placed under this type of order, you should appeal it and avoid trying to purchase new firearms until it is vacated. Don’t violate a risk protection order because doing so could expose you to criminal charges.

Talk to Fort Lauderdale Criminal Defense Lawyer Kenneth P. Hassett

If you have had a risk protection order issued against you and want to challenge it, you should reach out to Fort Lauderdale criminal defense lawyer Kenneth P. Hassett. Attorney Hassett has more than 30 years of experience representing people who have been charged with crimes or have had various types of protection orders issued against them. Call Hassett & Associates today to schedule an appointment at (954) 791-3939.

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Client Testimonials

  • Dear Mr. Hassett,

    There aren’t enough words to thank you for all your have done for us. From the beginning you didn’t sugar coat anything. You told us as it is. Thank you for your advice and suggestions which helped in the case and of course your experience , time and effort.

    Thank you.

    Marie and Diane
  • Best of the Best

    This being my first time arrested and going through the court system, I am thankful that I used Mr. Hassett. Charged with four third degree felony counts I was facing jail time. He kept me out of jail by getting me five years probation and after two and a half years, he was able to have my probation removed. I recommend people hire him because he is an excellent and honest attorney.

    Google Review
  • Beyond belief
    Kenneth has done the impossible when it’s come to my case. Everything he said he would help me with, he’s gone above and beyond. Take and apply his advice and he will see it through you have a victory in your hands. Thanks again Ken you’ve helped me get my life back on track couldn’t have done it.

  • Ken Hassett and his law firm are a pleasure to work with. He’s honest, clear in communication, dedicated, has great follow through, he’s friendly and professional. He helped our family to clear up a case involving our teen, he guided us from day one to our final day, resolving our situation satisfactorily. I would highly recommend Ken Hassett’s law firm and we would certainly retain him in the future if ever needed.

    Mrs. B.
  • An appreciative client
    Ken was extremely helpful to me regarding an issue involving my son in Florida. It was not possible for me to go to Florida at the time but Ken kept me posted along the way. I am very grateful for all his helpfulness and expertise. I would definitely recommend him to others.

  • Great experience
    Great and in-depth knowledge of all the situations, specially mine. Well informed and easily accessible for all sorts of clarifications during the entire process. 24/7 access and availability for recommendations and executions of steps that suit your need.

  • Too Good To Be True
    I used the services Kenneth Hassett & Associates for my legal proceedings and I was pleasantly surprized. I was obviously skeptical initially, but after speaking with Mr. Hassett, I felt comfortable, that i was in good hands. Everything that was said to me, materialized.
    You would not be disappointed.

Recent Risk Case Results

Charges: Battery, Obstruction of Justice Without Violence
County: Broward
Facts: Client was Accused of Physical Spousal Abuse
Results: Case Dismissed

Charges: Armed Robbery
County: Miami-Dade
Facts: Alleged Taking of Another’s Property by Force or Intimidation with a Weapon
Results: Charge Reduced to Battery

Charges: Aggravated Assault with a Deadly Weapon, Domestic Battery
County: Palm Beach
Facts: Client was accused of threatening someone with a box cutter while arguing over contract work
Results: Case Dismissed, Record Expunged

Kenneth P. Hassett, Esq. Awards & Ratings