Stipulation for Consent to the RPO
If you were served with a petition for a risk protection order (RPO), you might be asked to sign a “Joint Stipulation for Order Granting Petition for Risk Protection Order” also called a “consent order.”
Such consent orders are common in the Tampa Bay area, particularly for any respondent not represented by an attorney.
If the Petitioner and Respondent sign the joint stipulation, then the court will enter a final order granting the petition for a final RPO, usually for 12 months.
The downside of signing the order is that the agreement provides no benefit to the Respondent other than avoiding the hearing. Whether you have the hearing or stipulate, the RPO will last for one full year (which is the maximum the judge can order after a hearing), you have no way of knowing what counseling the court might order, and the other side is not permitted to offer you anything in exchange for your consent.
The biggest problem with consenting is that it makes it easier for the Petitioner might move to extend the RPO for another year. In fact, the Petitioner might continue to move to extend the RPO year after year for the rest of your life.
We provided a sample of the form used by the Tampa Police Department for the “Joint Stipulation for Order Granting Petition for Risk Protection Order.”
The best way to contest any false or exaggerated allegations in the petition for an RPO is to hire an attorney to represent you at the compliance hearing and the final hearing.
We can subpoena witnesses on your behalf and present other relevant evidence showing that you are not a danger to the community or at risk of hurting yourself or others with a firearm.
Call 813-250-0500 to discuss the case.
JOINT STIPULATION FOR ORDER
GRANTING PETITION FOR RISK PROTECTION ORDER
COMES NOW, Petitioner Tampa Police Department, (hereinafter “TPD”), along with Respondent __________ (hereinafter “Respondent”), and together move the Court for entry of a Stipulated Order Granting petition for Risk Protection, as follows:
- TPD and Respondent agree and stipulate that one or more grounds for a risk protection order exist as provided under sub-section 790.401(3)(c), Florida Statute.
- TPD and Respondent agree and stipulate to the Court’s entry of an Order granting TPD’s Petition for RPO without a final hearing before a Circuit Court Judge as provided in 790.401(3), Florida Statutes.
- TPD and Respondent agree and stipulate that the Stipulated Order granting TPD’s Petition for Risk Protection Order shall be effective for twelve months from the date the order is entered.
- TPD and Respondent agree and stipulate that, pursuant to the Stipulated order granting TPD’s Petition for RPO, Respondent shall not have in his custody or control any firearms or ammunition and shall not purchase, possess, or receive a firearm or ammunition, and shall surrender any concealed weapon permit, during the effective dates of this Order.
- TPD and Respondent agree and stipulate that this joint Stipulation for Order Granting Petition for RPO has been entered into freely and voluntarily, with no promises, threats, or coercion having been used to induce either Party to enter into this Stipulation.
- TPD and Respondent agree and stipulate that this Joint Stipulation for Order Granting Petition for RPO, Respondent shall not have in his custody or control any firearms or ammunition and shall not purchase, possess, or receive a firearm or ammunition, and shall surrender any concealed weapon permit, during the effective dates of this Order.
- TPD and Respondent agree and stipulate that this Joint Stipulation for Order Granting Petition for Risk Protection Order has been entered into freely and voluntarily, with no promises, threats, or coercion having been used to induce either Party to enter into this Stipulation.
- TPD and Respondent agree and stipulate that he is not under the influence of any alcohol, drugs, or medications, which impairs Respondent’s judgment or affects in any way Respondent’s ability to understand this Stipulation or the terms herein.
- TPD and Respondent agree and stipulate that there have not been any promises, assurances, or understanding as to whether or not the court will impose mental health evaluation or chemical dependency evaluation and that any such determination shall be up to the Court as provided under section 790.401(3)(f).
_____________________
On Behalf of Petitioner TPD
_____________________
Respondent
Stipulation to Entry of Final Risk Protection Order
Other jurisdictions in Florida use similar motions including;
STIPULATION TO ENTRY OF FINAL RISK PROTECTION ORDER
Petitioner and Respondent agree to the entry of, and authorize the Court to enter, a Final Risk Protection Order and further agree to each of the terms below:
- Respondent waives his/her right to present evidence to the Court and to require the Petitioner to prove its entitlement to a Final Risk Protection Order by clear and convincing evidence at a final hearing in this matter. The final hearing shall be cancelled.
- Respondent waives his/her right to consult with an attorney and chooses to proceed without the assistance or advice of an attorney or if an attorney represents Respondent, Respondent has discussed the stipulation with the attorney and is fully satisfied with the attorney’s representation.
- Upon entry of the Final Risk Protection Order, Respondent shall immediately surrender to the petitioning law enforcement agency all firearms and ammunition in his/her custody, control, or possession along with any license to carry a concealed weapon or firearm.
- The Final Risk Protection Order shall be for a period of ___ months.
- While the Final Risk Protection Order is in effect, Respondent shall not have in his/her custody, control, or possession any firearm or ammunition.
- Respondent shall undergo a mental health evaluation within sixty (60) days of the entry of the Final Risk Protection Order and shall file a copy of said evaluation with the Clerk of the Court within seventh-five (75) days.
- Respondent voluntarily enters into this stipulation without pressure or coercion.
A violation of a Risk Protection Order is a third degree felony, punishable by up to 5 years in prison and a $5,000 fine.
PETITIONER: COUNSEL FOR PETITIONER if applicable
Signature _____________________________ Signature ___________________________
Name _______________________________ Name _____________________________
Agency _____________________________
RESPONDENT: COUNSEL FOR RESPONDENT if applicable
Signature _____________________________ Signature ___________________________
Name ___________________________________ Name _____________________________
STATE OF FLORIDA COUNTY OF __________
Before me this day personally appeared ____________________________________
[Respondent], who after showing proper identification to me, identified himself/herself to be the person described in and who executed the foregoing instrument.
WITNESS my hand and official seal this ________ day of __________________, 2019.
____________________________________ (Seal)
Notary Public – State of Florida
____________________________________
(print, type or stamp name)
Commission No.:______________________
This article was last updated on Friday, August 28, 2020.
