D.J.S.
v.
VOLUSIA SHERIFF'S OFFICE
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A risk protection order may be entered, but the requirement for a chemical dependency evaluation must be supported by the record and may only be ordered if appropriate under Florida Statute 790.401(3)(f).
[1] In a risk protection order proceeding, a court may order a chemical dependency evaluation only if the record supports that such evaluation is appropriate, and may not ord…
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Join FLexlaw to unlock all legal intelligence“During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate.”
Statutory requirement under § 790.401(3)(f), Fla. Stat. (2021) regarding conditions for ordering evaluations in risk protection proceedings.
The Volusia Sheriff's Office obtained a risk protection order against the appellant, D.J.S., which included a requirement that the appellant submit to…
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PER CURIAM.
We affirm the risk protection order entered below except as to that portion of the order requiring Appellant to submit to a chemical dependency evaluation. The record does not support a basis to order such evaluation. See § 790.401(3)(f), Fla. Stat. (2021) (“During the hearing, the court must consider whether a mental health evaluation or chemical dependency evaluation is appropriate and, if such determination is made, may order such evaluations, if appropriate.” (emphasis added)). AFFIRMED, in part; REVERSED, in part; and REMANDED. LAMBERT, C.J., EVANDER and HARRIS, JJ., concur.