Temporary RPO Affidavit Requirements
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Questions and Answers

What is the legal consequence of possessing weapons and/or ammunition after being served with a Temporary or Final RPO?

  • It is a civil offense
  • It is a first-degree felony
  • It is a third-degree felony (correct)
  • It is a misdemeanor

    • What is the purpose of the telephonic hearing held by the court?

  • To notify the subject of the RPO
  • To serve the subject with the Temporary RPO
  • To review the submission and grant or deny the Temporary RPO (correct)
  • To provide instructions to the deputy

    • What happens if any forms are missing during the RPO process?

  • The deputy will be disciplined for the missing forms
  • BSO OGC will contact the deputy to obtain the missing forms (correct)
  • The court will hold a hearing to resolve the issue
  • The petition for RPO is denied

    • What is the time frame for the court to hold a telephonic hearing after the RPO is filed?

    <p>Within 24 hours</p> Signup and view all the answers

    What is the purpose of the Compliance Hearing?

    <p>To ensure the subject is complying with the Temporary RPO</p> Signup and view all the answers

    What happens to the firearms, ammunition, and licenses surrendered to the law enforcement officer?

    <p>They are handled in accordance with the evidence and property submission procedures</p> Signup and view all the answers

    What is the role of the clerk after the court grants the Temporary RPO?

    <p>The clerk will forward the Temporary RPO to Warrants Division for processing</p> Signup and view all the answers

    What is the legal basis for taking the firearms and/or ammunition and/or concealed weapons license?

    <p>For safekeeping</p> Signup and view all the answers

    Who reviews and approves the RPO forms?

    <p>Lieutenant or higher</p> Signup and view all the answers

    What is the primary reason a deputy cannot seize a subject's firearms, ammunition, and/or concealed weapons license?

    <p>The RPO does not give the deputy authority to seize the weapons.</p> Signup and view all the answers

    What happens if the subject refuses to comply with the temporary order?

    <p>The TMU obtains district and/or SWAT assistance to secure the premises</p> Signup and view all the answers

    What is the purpose of the BSO C#62 - Respondent's Risk Protection Return Affidavit?

    <p>To notify the Civil Division of RPO service</p> Signup and view all the answers

    What is the purpose of the Compliance Hearing?

    <p>To ensure the subject has surrendered all firearms, ammunition, and/or concealed weapons license.</p> Signup and view all the answers

    Who is responsible for executing search warrants?

    <p>TMU in coordination or consultation with SWAT</p> Signup and view all the answers

    Under what circumstances can a deputy seize a subject's firearms, ammunition, and/or concealed weapons license?

    <p>With a search warrant and probable cause.</p> Signup and view all the answers

    What is the notification process after the RPO is served?

    <p>Notification is made to the Civil Division by returning a Proof of Service form.</p> Signup and view all the answers

    What is the purpose of contacting the BSO Evidence Unit?

    <p>To obtain the appropriate forms for RPO release</p> Signup and view all the answers

    What happens if the court denies the Temporary RPO?

    <p>BSO OGC will notify the deputy who submitted the forms and also notify the contact person.</p> Signup and view all the answers

    What is the next step if the detective has not received confirmation of document submission within 24 hours?

    <p>Call OGC at 954-831-8920</p> Signup and view all the answers

    What is the role of the TMU when the temporary order is served?

    <p>To take possession of any firearms, ammunition, and/or concealed weapons license surrendered by the subject</p> Signup and view all the answers

    How long does a Temporary RPO remain in effect?

    <p>Until the Final Hearing is held.</p> Signup and view all the answers

    What is the purpose of notarizing the forms?

    <p>To authenticate the signatures on the forms</p> Signup and view all the answers

    What is the purpose of the Temp Service Form?

    <p>To notify BSO OGC that the subject is in compliance with the RPO.</p> Signup and view all the answers

    When can the Compliance Hearing be cancelled?

    <p>Upon a satisfactory showing that the subject is in compliance with the order.</p> Signup and view all the answers

    Who can fill out an affidavit to obtain a temporary RPO?

    <p>A deputy sheriff, a witness, or anyone with personal knowledge</p> Signup and view all the answers

    What is the minimum number of factors that must be present for the court to consider issuing a temporary RPO?

    <p>There is no minimum number of factors</p> Signup and view all the answers

    What is one of the factors the court may consider when making its determination whether to issue a temporary RPO?

    <p>Was the subject involved in a recent act or threat of violence against himself/herself or others</p> Signup and view all the answers

    What type of injunction is considered when the court makes its determination whether to issue a temporary RPO?

    <p>Any of the mentioned injunctions, including Domestic Violence, Repeat Violence, Dating Violence, Sexual Violence, and Injunction for Protection Against Stalking</p> Signup and view all the answers

    Who can complete an affidavit to obtain a temporary RPO?

    <p>Everyone with personal knowledge</p> Signup and view all the answers

    Who can seek a criminal search warrant when a person has violated the criminal statute of possession or purchase of firearm(s) and/or ammunition after being served with an RPO?

    <p>Any deputy</p> Signup and view all the answers

    Who initiates the process for obtaining a civil search warrant pursuant to the RPO statute?

    <p>TMU Detectives</p> Signup and view all the answers

    What is the purpose of the affidavit in obtaining a temporary RPO?

    <p>To identify any factors that may contribute to the subject's potential danger</p> Signup and view all the answers

    What is the violation of the criminal statute when a person has possession or purchase of firearm(s) and/or ammunition after being served with an RPO?

    <p>s. 790.401(11) (b)</p> Signup and view all the answers

    What is one of the factors that may indicate the subject is seriously mentally ill or has recurring mental health issues?

    <p>The subject's medical history</p> Signup and view all the answers

    What happens if the subject has violated a previous or existing RPO?

    <p>The court will consider this factor when making its determination</p> Signup and view all the answers

    What is the role of BSO OGC in obtaining a search warrant pursuant to the RPO statute?

    <p>No role</p> Signup and view all the answers

    Who contacts the on-duty Assistant State Attorney (ASA) to contact the duty judge for a criminal search warrant?

    <p>Deputies</p> Signup and view all the answers

    What is the purpose of a civil search warrant issued pursuant to the RPO statute?

    <p>To obtain any other firearms or ammunition for which the deputy has probable cause</p> Signup and view all the answers

    What is the requirement for a deputy to seek a search warrant pursuant to the RPO statute?

    <p>Probable cause to believe a subject has possession, custody or control of a firearm and/or ammunition</p> Signup and view all the answers

    What is the role of the State Attorney’s Office in obtaining a search warrant pursuant to the RPO statute?

    <p>No role</p> Signup and view all the answers

    Study Notes

    Obtaining a Temporary RPO

    • To obtain a temporary RPO, a person with personal knowledge of an individual posing a significant danger to themselves or others must fill out an affidavit.
    • The person with personal knowledge can be a deputy sheriff or a witness.
    • There can be more than one affidavit, and everyone with personal knowledge should complete an affidavit.

    Factors Considered by the Court

    • The court will consider various factors when making a determination to issue a temporary order, including:
      • Recent acts or threats of violence against self or others
      • Past acts or threats of violence in the last 12 months
      • Serious mental illness or recurring mental health issues
      • Previous or existing orders pursuant to domestic violence, repeat violence, dating violence, sexual violence, or stalking injunctions
      • Previous or existing RPOs

    Process for Obtaining a Temporary RPO

    • The deputy will instruct the owner and third party to contact the BSO Evidence Unit to obtain forms for the release of items to the third party.
    • The deputy will notarize all appropriate forms and obtain command review and approval.
    • The deputy will forward all forms to BSO OGC for review.

    Serving the Temporary RPO

    • The TMU will obtain district and/or SWAT assistance (as required) to serve the temporary order and take possession of any firearms, ammunition, and/or concealed weapons licenses surrendered by the subject.
    • If the subject refuses to comply, the TMU will obtain district and/or SWAT assistance to secure the premises until a search warrant is prepared or it is determined that the subject does not own or possess any firearms or ammunition.

    Search Warrants

    • Search warrants will be executed by TMU in coordination or consultation with SWAT.
    • The TMU will handle all firearms, ammunition, and licenses surrendered to the law enforcement officer in accordance with evidence and property submission procedures.

    Temporary RPO

    • After BSO OGC receives all forms, they will generate the petition for RPO, which includes the affidavit(s) and accompanying forms.
    • The court will hold a telephonic hearing within 24 hours of the RPO being filed, without notice to the subject, with BSO OGC and the deputy/deputies who authored the affidavit(s).
    • If granted, the court will provide a "Compliance Hearing" date and a "Final Hearing" date in the order granting the Temporary RPO.

    Compliance Hearing

    • The court will hold a Compliance Hearing within 72 hours of granting the Temporary RPO to ensure the subject has surrendered all firearms, ammunition, and/or concealed weapons licenses.
    • The court may cancel the hearing upon a satisfactory showing that the subject is in compliance with the order.

    Return of Firearms and Ammunition

    • If the subject is found to be in compliance with the order, the serving unit will notify BSO OGC via the Temp Service Form.
    • If the subject is not in compliance, the TMU detectives can seek a search warrant to obtain any other firearms or ammunition for which the deputy has probable cause.

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    Related Documents

    Sheriff's Policy Manual PDF

    Description

    Learn about the requirements for obtaining a temporary Risk Protection Order (RPO) affidavit, including who can fill it out and the necessary criteria. A temporary RPO is used to prevent individuals from accessing firearms if they pose a significant danger to themselves or others.

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