Fighting the Extension of the RPO
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.
The respondent must be personally serviced with notice of any request for an extension of a risk protection order and the date and location of the RPO hearing.
Be sure to bring a court reporter to the hearing because the court is not required to digitally record 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. We can also 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, and Winter Haven and Bartow in Polk County, FL.
Call (813) 250-0500.
Procedures 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 extension is uncontested and no modification of the order is sought, the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since 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.
This article was last updated on Friday, July 20, 2018.