Fighting the Extension of the RPO
Did a law enforcement officer or agency file a motion to extend your Risk Protection Order (RPO) for another year? If so, you must act quickly to fight that request and prepare for the hearing on that motion.
After an RPO is granted, the court must make arrangements to notify the petitioner of the impending end of a risk protection order. In fact, the notice must be received by the petitioner at least 30 days before the date the order ends.
The petitioner may, by written motion, request an extension of a risk protection order at any time within 30 days before the end of the order.
Upon receipt of the motion to extend, the court shall schedule a hearing to be held no later than fourteen (14) days after the date the order is issued.
Be sure to monitor the docket in your case on the clerk of court website so that you know if a motion to extend the RPO is filed so that you can respond appropriately. You need to obtain a copy of the request for an extension of a risk protection order so that you know the date and location of the RPO hearing.
If the court does not digitally record the hearing, then be sure to bring a court reporter to the hearing. Without a transcript of what occurred, you will have no way to appeal to a higher court any substantive or procedural mistakes made by the trial court.
Attorneys to Fight the Extention of the RPO in Florida
The attorneys at the Sammis Law Firm can help you contest the petition for a risk probation order. We can also help you fight the extension of a risk protection order at the end of the 12 month period.
You don’t have to wait. We can help you file a motion to vacate the RPO before the 12 month period has expired.
We are experienced fighting false or exaggerated accusations in a protective order hearing throughout the greater Tampa Bay area. We have offices in downtown Tampa in Hillsborough County and New Port Richey in Pasco County.
Our attorneys also represent clients throughout the surrounding areas in St. Petersburg or Clearwater in Pinellas County, Brooksville in Hernando County, Winter Haven and Bartow in Polk County, and Bradenton in Manatee County, FL.
Call (813) 250-0500.
Requirements for Extending the Risk Protection Order in Florida
In determining whether to extend a risk protection order issued under this section, the court may consider all relevant evidence.
If the court finds by clear and convincing evidence that the requirements for issuance of a risk protection order continue to be met, the court must extend the order.
If, after notice, the motion for an extension is uncontested and no modification of the order is sought, the order may be extended on the basis of motion or affidavit stating that there has been no material change in relevant circumstances since the entry of the order and stating the reason for the requested extension.
The court may extend a risk protection order for a period that it deems appropriate, up to and including but not exceeding 12 months.
Procedures for Extending the RPO in Florida
Section 790.401, Florida Statutes, requires that the court notify the Petitioner of the impending end of an RPO at least 30 days before the date the order ends.
For cases in the Twelveth Judicial Circuit (Manatee County, Sarasota County, and DeSoto County), for example, in order to accomplish extending the RPO, the following actions are required:
- The Clerk of the Court is directed to implement a compliance date in its Case Management System for RPO expiration monitoring 45 days before expiration.
- The Clerk shall notify the presiding Probate, Guardianship and Mental Health Court Judge of the case number, Petitioner name, Petitioner attorney (if any), Respondent name, and expiration date.
- Each law enforcement agency that files an RPO must provide the Clerk of the Court and the presiding Probate, Guardianship, and Mental Health Division judge an email address to specifically receive this notice.
- The court will ensure that a procedure is established in each county within the circuit to send notice to Petitioner via email at the RPO email address provided by each law enforcement agency.
This article was last updated on Thursday, December 12, 2019.