When emotions run high and accusations fly, the stakes can be life-changing — especially when they involve the loss of constitutional rights and the seizure of personal firearms. For one Saint Lucie County man, a temporary risk protection order threatened to not only take away his firearms, but also damage his reputation and future. Fortunately, the skilled representation of The Law Office of Jeffrey H. Garland, P.A. turned the tide in this case, leading to a complete dismissal of the petition.

A Family Rift Turns Into a Legal Battle

Terry London’s life had always been shaped by a complicated family dynamic. Alienated from his father during his formative years, Terry was raised solely by his mother. As he grew older, he sought to reconnect with his father, hoping to bridge years of distance. However, this attempt at reconciliation was met with resistance — not from his father directly, but from his father’s new wife, who made it clear she did not want Terry in their lives.

That simmering tension escalated when Terry’s father’s wife contacted law enforcement with alarming allegations. She claimed that Terry had made threats to “shoot up the house,” asserting that he posed a significant danger to himself or others if allowed to possess a firearm. Acting on her statements, authorities petitioned for a temporary risk protection order under Florida law.

The order was swiftly granted, resulting in the immediate confiscation of Terry’s firearms and suspension of his concealed carry license. For Terry, this was more than a legal inconvenience — it was a direct attack on his rights, reputation, and future.

Understanding Risk Protection Orders in Florida

Risk protection orders (RPOs) in Florida are governed by Florida Statute § 790.401. Commonly referred to as “red flag” laws, these orders allow law enforcement agencies to petition the court for the temporary removal of firearms and ammunition from individuals deemed to pose a significant danger to themselves or others.

Under the statute:

• A temporary RPO may be issued without the respondent being present, based on evidence provided by the petitioner.
• Within a short timeframe (generally no more than 14 days), the court must hold a hearing to determine whether a final RPO should be issued, lasting up to one year.
• The burden of proof is on the petitioner to establish by clear and convincing evidence that the respondent poses such a danger.
• If granted, the respondent must surrender all firearms, ammunition, and concealed carry permits, and is prohibited from possessing them during the order’s duration.

While these orders are intended to enhance public safety, they also carry a significant risk of being misused in situations driven by personal disputes, misunderstandings, or false allegations. That’s why legal representation is critical when defending against such petitions.

Turning the Case Around: The Defense Strategy

Faced with these serious allegations and the loss of his firearms, Terry retained the services of Attorney Jeffrey H. Garland of The Law Office of Jeffrey H. Garland, P.A. — a highly experienced trial lawyer with decades of success in defending clients’ rights in Florida courts.

At the final hearing on April 29, 2024, Attorney Garland methodically dismantled the petitioner’s claims. During cross-examination, he skillfully questioned Terry’s father’s wife, exposing inconsistencies and weaknesses in her story.

The inconsistencies highlighted that the alleged threats lacked credible evidence and were based on hearsay rather than concrete proof. Attorney Garland also underscored that no law enforcement investigation had produced evidence showing Terry posed a genuine risk of harm to himself or others.

This precise and strategic cross-examination created reasonable doubt in the court’s mind as to the validity of the accusations — a crucial factor, given that the legal standard for issuing a final RPO is clear and convincing evidence.

The Court’s Ruling: A Complete Victory

After reviewing the petition, testimony, and applicable law, the court made a decisive ruling:

“The Court does not find by clear and convincing evidence that Respondent poses a significant danger of causing personal injury to himself or others by having in his custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition.”

With that finding, the judge denied the petition for a final risk protection order. The ruling ordered law enforcement to return all of Terry’s firearms, ammunition, and concealed carry license upon proper compliance with standard procedures. Additionally, the temporary RPO was to be removed from all law enforcement databases, including the Florida Crime Information Center and the National Crime Information Center.

This ruling was not just a legal win — it was a restoration of Terry’s rights, his personal dignity, and his ability to move forward without the cloud of unfounded allegations.

Why Skilled Representation Matters in RPO Cases

Risk protection orders can have immediate and far-reaching consequences, including:

• Loss of firearms and ammunition for up to one year
• Suspension of concealed carry licenses
• Permanent record entries that may affect employment or future background checks
• Potential criminal charges if the order is violated

In many cases, these orders are sought in highly emotional contexts — family disputes, relationship breakdowns, or heated disagreements. Without an experienced defense attorney, respondents risk losing their Second Amendment rights based solely on accusations that may be exaggerated or unfounded.

Attorney Jeffrey H. Garland’s work in this case illustrates why choosing the right lawyer can mean the difference between losing your rights and protecting them. His ability to identify inconsistencies, challenge credibility, and hold petitioners to the proper legal standard led directly to this favorable outcome.

The Law Office of Jeffrey H. Garland, P.A. — Defending Your Rights

With decades of experience in criminal defense, The Law Office of Jeffrey H. Garland, P.A. is dedicated to protecting the rights of individuals facing serious legal challenges in Florida. The firm has a proven track record in defending against allegations involving firearms, including risk protection orders and charges such as Florida aggravated assault with a deadly weapon.

Attorney Garland approaches each case with meticulous preparation, strategic thinking, and unwavering advocacy for his clients. Whether you are facing criminal charges or a petition for a risk protection order, his firm will fight to ensure that the legal process is fair and that your rights are fully defended.

If you are facing a Saint Lucie County risk protection order or have been accused of a serious firearm-related offense, contact The Law Office of Jeffrey H. Garland, P.A. today at (772) 489-2200. Your rights are worth defending — and Attorney Jeffrey H. Garland has the courtroom experience to do it.