Risk Protection Order Lawyer in Palm Beach County, Florida

In Palm Beach County, Florida, a Risk Protection Order (RPO) is a powerful legal action that can take away a person’s access to firearms and ammunition. Often called the red flag law, it is found in Florida Statute 790.401. The law allows law enforcement to petition the court when they believe someone is a danger to themselves or others.

An RPO is a civil order, not a criminal conviction, but it carries very real consequences. It can force you to surrender your firearms and concealed carry license. It creates a public record that anyone can see, including employers, neighbors, and licensing agencies. The order can last up to a year and can be extended if law enforcement asks the court.

At the Law Office of Roger P. Foley, we represent individuals in Palm Beach County who are facing RPO petitions. As a Risk Protection Order attorney, Roger P. Foley makes sure the court hears your side of the story. Too often these petitions are filed based on one-sided or exaggerated information. We focus on stopping unsupported allegations from becoming long-term problems that affect your future.

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When you are served with a Risk Protection Order, you cannot afford guesswork. You need to know exactly what you are up against and whether it makes sense to fight. That is why Roger P. Foley offers a paid consultation for $450. The consultation lasts one full hour, and during that time you get his full and undivided attention.

This is not a free consultation where the lawyer spends a few minutes trying to sell you on hiring them. Free consultations are often about signing clients, not solving problems. A paid consultation is different. It is focused entirely on you and your case.

During the consultation, Mr. Foley reviews both your version of events and the government’s side, which comes from law enforcement. You talk through the facts, the statute, the procedures, and the possible strategies. At the end of the hour, you will know if you have a strong case, a weak case, or no case at all.

There are no guarantees in any courtroom, but you will get an honest opinion from an attorney with decades of experience in criminal defense and daily courtroom work. If the facts are against you, you will hear it directly. If there is a way to fight, you will know what it is.

Spending $450 now can save you thousands later. It is better to invest in clarity at the start than to waste money on a long fight that was never winnable. A consultation with Roger P. Foley is about truth, strategy, and preparation, not false promises.

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Only law enforcement officers or agencies can file for a Risk Protection Order. Family members, neighbors, or coworkers cannot file directly, but they can report their concerns to police. If the police believe there is a case, they will submit a petition in circuit court.

In Palm Beach County, that means a petition is filed in the Fifteenth Judicial Circuit. Once filed, a judge reviews the petition quickly. If the judge finds there is reasonable cause, they can issue a temporary order without the respondent even being present. That temporary order can immediately force a person to surrender firearms and ammunition.

Within fourteen days, the court must hold a full hearing where the respondent has the chance to appear, present evidence, and contest the allegations. At this final hearing, the judge decides whether to issue a Risk Protection Order that lasts up to twelve months. Having a Risk Protection Order lawyer who understands the statute and the court’s procedures is critical at this stage.

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Florida Statute 790.401 gives judges broad authority when deciding whether to grant an RPO. The court may consider:

1. Recent acts or threats of violence, with or without firearms
2. Evidence of mental health struggles or recurring mental illness
3. Reckless or unlawful use of a firearm
4. A pattern of violent threats in the past twelve months
5. Violations of prior protective orders, such as domestic violence injunctions
6. Criminal history, especially violent or domestic violence convictions
7. Substance abuse involving drugs or alcohol
8. Recent purchases of firearms or ammunition
9. Testimony from family members, household members, or others with knowledge
10. Any other evidence the court finds relevant

This list is not limited, which means judges can look at almost anything. That makes it critical for the respondent to present a full and accurate picture of the situation. A Risk Protection Order attorney can make sure the judge sees the evidence in the proper context instead of relying only on the version presented by law enforcement.

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If an RPO is issued in Palm Beach County, the respondent must immediately surrender all firearms and ammunition to the Palm Beach County Sheriff’s Office. They must also surrender their concealed weapons license. During the period of the order, they cannot possess, purchase, or receive firearms or ammunition.

Violating an RPO is a first-degree misdemeanor that can result in arrest, jail, and fines. This makes compliance essential, even while challenging the order in court.

Beyond the legal restrictions, an RPO creates a public court record. Employers, licensing boards, and even neighbors can see it. For many people, the damage to reputation is as serious as the loss of firearm access. Speaking with a Risk Protection Order defense lawyer can help you understand both the legal and personal consequences.

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There is no one-size-fits-all defense to an RPO. Every case is different, and the outcome depends on the facts, the evidence, and the preparation. A Risk Protection Order lawyer must move quickly, because these hearings are set within days. Below are strategies that often make the difference.

Challenging the evidence
Many petitions are built on assumptions, hearsay, or incomplete reports. Cross-examining officers or witnesses can reveal gaps or inaccuracies. For example, an officer might testify that you “made threats” but cannot recall the exact words, when they were said, or who else heard them. Pointing out that lack of detail shows the judge the state is building a case on weak evidence.

Credibility of witnesses
If witnesses exaggerate, contradict themselves, or have a personal motive to hurt the respondent, their testimony can be exposed as unreliable. For instance, an ex-partner may claim you are dangerous after a breakup, but cross-examination reveals they previously made false police reports in a custody fight. Judges take notice when a witness has a history of stretching the truth.

Lack of clear and convincing evidence
Under Florida Statute 790.401(3)(b), the state must prove its case by clear and convincing evidence. That is more than speculation or “gut feelings.” For example, a neighbor saying they “felt uneasy” after hearing you argue with someone is not clear and convincing proof that you are a danger with firearms. If the evidence is weak or incomplete, the statute requires denial of the petition.

No recent acts or threats
Florida Statute 790.401(3)(c) allows the court to consider acts or threats that occurred in the past twelve months. The focus is on current danger, not stale history. If the only evidence is a heated argument from ten months ago with no issues since, that does not establish an ongoing threat.

Lawful possession without misuse
Owning or buying firearms does not, by itself, equal dangerousness. The statute requires more than lawful possession. For example, a person who recently purchased a hunting rifle should not be treated as dangerous if there is no history of misuse.

Context of statements or actions
Words and actions can be twisted when taken out of context. Imagine you say in frustration, “I’m done with this, I can’t take it anymore.” On paper, that looks alarming. But with testimony from family members, it becomes clear it was venting during an argument, not a threat of violence. The statute requires proof of actual danger, not misinterpreted statements.

Mental health treatment and stability
Florida Statute 790.401(3)(c)(9) allows the court to consider evidence of mental illness. But treatment, compliance with medication, and family or professional support show stability. Someone responsibly managing a condition should not automatically be labeled dangerous.

No connection between firearms and alleged risk
Florida Statute 790.401 requires law enforcement to prove that the respondent poses a significant danger of causing personal injury to self or others by having a firearm or ammunition. It is not enough to show general misconduct. For example, if someone had a loud argument with a roommate but no weapons were involved or mentioned, the petition fails because it does not connect firearms to the alleged danger.

Procedural errors
RPOs are creatures of statute. If law enforcement fails to meet the statute’s requirements — such as proper service, complete affidavits, or statutory deadlines — those errors can be raised as defenses. Courts are bound by the statute, and procedural failures undermine the petition.

Alternative explanations
Stress, alcohol, or medical conditions can explain behavior that law enforcement misinterprets as threatening. For example, a person might have shouted during a night of heavy drinking but has since stopped drinking and entered treatment. That does not equal ongoing danger under the statute.

Highlighting the bigger picture
One outburst does not define someone’s life. A teacher, parent, or worker with years of steady employment and no history of violence should not be judged solely on one bad day. Florida Statute 790.401(3)(c)(13) permits the court to consider “any other relevant evidence.” Defense counsel can use that provision to show positive history and community support.

Requesting early termination
If the judge issues a Risk Protection Order, Florida Statute 790.401(6)(f) allows the respondent to request that it be ended before the expiration date. That is never the first line of defense. The real fight happens at the initial hearing, where the goal is to stop the order from being entered at all. Early termination is simply a tool in the statute, not a strategy to rely on.

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Risk Protection Orders are civil cases, not criminal cases, which means they are governed by the Florida Rules of Civil Procedure rather than the criminal rules. This distinction matters. In a criminal case, the state is required to hand over discovery automatically. In an RPO case, nothing is automatic. If you want police reports, witness statements, or 911 recordings, your lawyer has to request them through civil discovery tools.

In Palm Beach County, that means dealing directly with the Palm Beach County Sheriff’s Office legal representative. They handle discovery requests in these cases. If you do not demand the information, you will likely walk into court with only the bare petition and affidavit. That is not enough to prepare a defense.

The civil discovery rules allow several tools that can be critical:

• Interrogatories: Written questions directed to the petitioner that must be answered under oath
• Requests for Production: Demands for records such as reports, firearm logs, call notes, or prior complaints
• Depositions: Taking testimony from witnesses or officers before the hearing to lock in their story and test credibility
• Subpoenas: For outside records, including medical documents, counseling records with consent, or audio from dispatch

Because RPO hearings are set within fourteen days of filing, discovery has to be pursued immediately. In some cases, the defense can ask the judge for a short continuance to allow time for depositions or document review. Judges know these hearings move fast, but they also know fairness requires both sides to have the chance to prepare.

The reality is that many attorneys never push for discovery in RPO cases. They accept whatever is written in the affidavit and go into the hearing unprepared. That is not defense work, that is surrender. A serious defense means using the rules of civil procedure, pressing for information, and being ready to confront weak or false allegations head-on.

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If you are interviewing attorneys to defend a Risk Protection Order, do not just ask about price. Ask what they are actually going to do for you. Here are questions that matter:

• Will you immediately request discovery from the Palm Beach County Sheriff’s Office legal representative
• Will you file interrogatories and requests for production to see what evidence law enforcement is relying on
• Will you take depositions of key witnesses, including the officer who filed the petition
• Will you subpoena records such as 911 calls, medical reports, or other documents that may help my defense
• Will you push for a continuance if needed so the case can be prepared properly, rather than rushing into court blind
• What steps will you take to challenge false or exaggerated allegations

If a lawyer cannot answer these questions clearly, you should keep looking. Defending an RPO in Palm Beach County is not cheap, but paying someone to show up and accept the order is worse. You need a Risk Protection Order attorney who treats the case like a fight, not a formality.

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Many RPO cases in Palm Beach County involve mental health issues. Depression, anxiety, or a temporary crisis can be misinterpreted as dangerous behavior. The statute allows judges to consider evidence of mental illness even without a medical diagnosis.

This creates risk for individuals who are struggling but not violent. In these cases, the focus should be on getting help, not imposing a damaging public order. A Risk Protection Order lawyer may work with mental health professionals to provide testimony or reports that explain the respondent’s condition and progress.

By presenting a balanced view, it is possible to show the court that the person is managing their condition and does not pose a danger.

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A Risk Protection Order in Palm Beach County can last up to twelve months. Before it expires, law enforcement may request an extension. The court must again find clear and convincing evidence to grant an extension.

Respondents also have the right to file one request for termination during the order’s life. At that hearing, the burden shifts to the respondent to prove they no longer pose a danger. These options exist, but the real battle is at the first hearing where the order can be stopped before it starts.

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Risk Protection Orders are civil proceedings, but they are fought inside the courtroom under intense time pressure. Many civil attorneys who handle injunctions or protective orders rarely see the inside of a courtroom. They may file paperwork, negotiate, or appear briefly, but they do not live in front of judges day after day.

Roger P. Foley is different. He is in court on a daily basis, arguing motions to suppress, motions to dismiss, and presenting legal arguments in criminal cases. That constant courtroom work has prepared him to handle RPO hearings with confidence and precision.

• Cross-examination is critical. Police officers and witnesses often testify at RPO hearings. A lawyer who regularly questions officers and witnesses under oath knows how to expose weak statements, contradictions, and exaggerations.
• Understanding law enforcement strategy. Decades of criminal defense practice provide insight into how PBSO and other agencies build their cases. That knowledge helps anticipate their arguments in an RPO and prepare effective responses.
• Courtroom presence. Judges expect clear arguments, proper procedure, and focused presentations. Being in court every day means Mr. Foley knows how to present evidence and advocate persuasively.
• Preparation under pressure. RPO hearings are set quickly, but experience handling fast-moving criminal cases translates directly. When time is short, preparation and strategy make the difference.

RPOs are civil by definition, but the hearings feel like high-stakes litigation. Having an attorney who is in court every day, sharpening arguments and pushing back against the government, means you walk into your hearing with someone already battle-tested.

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Florida’s Risk Protection Order law was designed to prevent violence, but in practice it often sweeps in people who are struggling with personal or mental health issues. In Palm Beach County, these cases move fast and carry serious consequences.

At the Law Office of Roger P. Foley, we do not accept allegations at face value. We investigate, we challenge, and we prepare as if every hearing is a fight. If you are facing a Risk Protection Order petition, call us today. Speak directly with a Risk Protection Order lawyer in Palm Beach County who has the courtroom experience to defend you. The petition may have been filed in hours, but the consequences can last for years. Let us fight to protect your future.

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Law Office of Roger P. Foley
1555 Palm Beach Lakes Blvd, Suite 1555
West Palm Beach, FL 33401
📞 (561) 746-7076

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