Blog

Steps to Obtaining an Injunction Prohibiting Exploitation of a Vulnerable Adult in Orlando, Florida

There is a new law F.S. 825.1035 that now allows you to obtain an Injunction Prohibiting Exploitation of a Vulnerable Adult. The bill allows any of the following individuals to file the petition for injunction:

1. 1. A vulnerable adult in imminent danger of being exploited or their guardian;
2. 2. A person or organization acting on behalf of the vulnerable adult with the consent of that person or that person’s guardian; or
3. 3. A person who simultaneously files a petition for determination of incapacity and appointment of emergency temporary guardian.

The petition may only be filed in the circuit court in which the vulnerable adult resides. However, if a guardianship proceeding involving the vulnerable adult is pending at the time of filing, then the petition must be filed in that proceeding. There is no minimum requirement of residency to petition, nor is there a requirement for actual exploitation to have occurred for an injunction to be issued.

You need to file a sworn petition. You must allege the existence of exploitation and include the facts and circumstances for justifying relief. The bill requires the sworn petition, or a petition in substantially the same form, to contain the following general information:

1. 1. The address of vulnerable adult;
2. 2. The address, last known place of employment, physical description, and any known aliases of the respondent;
3. 3. A description of the association between the vulnerable adult and the respondent;
4. 4. A description of other actions pending between the parties;
5. 5. Information from reports made to government agencies regarding alleged abuse, neglect, and exploitation of the vulnerable adult, and the results of those investigations;
6. 6. A list of the incidents of undue influence or exploitation;
7. 7. A statement by the petitioner detailing his or her knowledge of the vulnerable adult’s dependence on the respondent for care, listing alternative forms of care in absence of respondent, and information related to the vulnerable adult’s ability and willingness to access those alternative forms of care;
8. 8. A list of all financial accounts and an estimate of the value of the property to be frozen;
9. 9. A statement that the petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent;
10. 10. The relief or protection the petitioner seeks in filing the injunction;
11. 11. A statement acknowledging the petitioner’s duty to report the exploitation of the vulnerable adult to Adult Protective Services hotline (F. S. 415.1034);and
12. 12. A statement that petitioner has read every statement in the petition, that the petitioner has reported the allegations of exploitation to central abuse hotline, that each statement is true and correct, and that the petitioner understands the statement made in the petition are under the penalty of perjury.

The bill permits a court to issue a temporary injunction prior to a full hearing on the petition. The temporary injunction cannot exceed 15 days. The court is required to set a hearing at the earliest possible time on the temporary injunction. The sheriff then serves the temporary injunction along with notice of hearing upon respondent and alleged victim as soon as possible.

If you have more questions regarding a Guardianship, or Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. 

This article is for informational purposes only; and it does not form an attorney