37201037.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Risk Protection Orders CALEA 74.2.1 PRIOR REVISIONS PROPONENT UNIT N/A Legal Office ATTACHMENT: 0 NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 74.1 06/02/2020 New 13 I. PURPOSE: To provide detailed guidance and procedures to officers when requesting a Risk Protection Order. II. POLICY: It is the policy of the Department to protect the safety and welfare of all citizens while still safeguarding the due process rights of a respondent. Department members may take reasonable action to facilitate procurement of a Risk Protection Order where there is demonstrated evidence that a person poses a significant danger to themselves or others, including a significant danger as a result of a mental health crisis or violent behavior, in order to prevent such persons from accessing or possessing firearms or ammunition in compliance with Florida and federal law. III. DEFINITIONS: A. Risk Protection Order (RPO): An order entered by a Judge, on a temporary or final basis which is intended to temporarily prevent individuals who are at a high risk of harming themselves or others from accessing firearms or ammunition by allowing law enforcement officials to obtain a court order when there is demonstrated evidence that a person poses a significant danger to themselves or others. B. Petitioner: A law enforcement officer or a law enforcement agency that petitions the court for a risk protection order. Only law enforcement officers or agencies can file for a risk protection order. C. Respondent: The person who is identified in the petition as posing a danger of causing personal injury to themselves or others. IV. PROCEDURE: A. Petition for a Risk Protection Order: A petition for a risk protection order may be filed by a law enforcement officer or law enforcement agency. An action under FS 790.401 must be filed in the county where the petitioner’s law enforcement office is located or the county where the respondent resides. Such petition for a 1 Scope: Sworn Members, Legal Office, and Property and Evidence Personnel\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER risk protection order does not require either party to be represented by an attorney. 1. A petition must: i. Allege 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 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; ii. Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent’s current ownership, possession, custody, or control; and iii. Identify whether there is a known existing protection order governing the respondent under FS 741.30, 784.046, or 784.0485 or under any other applicable statute. 2. 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 having provided such notice or must attest to the steps that will be taken to provide such notice. 3. The petitioner must list 545 NW 8th Ave, Gainesville as the address of record on the petition. A court or a public agency may not charge fees for filing or for service of process to a petitioner seeking relief under this section and must provide the necessary number of certified copies, forms, and instructional brochures free of charge. A person is not required to post a bond to obtain relief in any proceeding under this section. The circuit courts of this state have jurisdiction over proceedings under FS 790.401. 4. Risk Protection Order related forms are available HERE. B. Risk Protection Order Hearings and Issuance: 1. 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 2 Scope: Sworn Members, Legal Office, and Property and Evidence Personnel\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER hearing to the respondent for the same. Upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to himself/herself or others by having in his/her custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, the court must issue a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months. 2. In determining whether grounds for a risk protection order exist, the court may consider any relevant evidence, including, but not limited to, any of the following: i. A recent act or threat of violence by the respondent against himself/herself or others, whether or not such violence or threat of violence involves a firearm. ii. An act or threat of violence by the respondent within the past 12 months, including, but not limited to, acts or threats of violence by the respondent against himself/herself or others. iii. Evidence of the respondent being seriously mentally ill or having recurring mental health issues. iv. A violation by the respondent of a risk protection order or a no contact order issued under FS 741.30, 784.046, or 784.0485. v. A previous or existing risk protection order issued against the respondent. vi. A violation of a previous or existing risk protection order issued against the respondent. vii. Whether the respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime that constitutes domestic violence as defined in FS 741.28. viii. Whether the respondent has used, or has threatened to use, against himself/herself or others any weapons. ix. The unlawful or reckless use, display, or brandishing of a firearm by the respondent. x. The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person. 3 Scope: Sworn Members, Legal Office, and Property and Evidence Personnel\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER xi. Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence. xii. Corroborated evidence of the abuse of controlled substances or alcohol by the respondent. xiii. Evidence of recent acquisition of firearms or ammunition by the respondent. xiv. Any relevant information from family and household members concerning the respondent. Officers should obtain sworn statements whenever possible. xv. Witness testimony, taken while the witness is under oath, relating to the matter before the court. 3. A person, including an officer of the court, who offers evidence or recommendations relating to the cause of action either must present the evidence or recommendations in writing to the court with copies to each party and his or her attorney, if one is retained, or must present the evidence under oath at a hearing at which all parties are present. In a hearing under this section, the rules of evidence apply to the same extent as in a domestic violence injunction proceeding under FS 741.30. During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations