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What Must Court Find to Issue a Temporary Injunction Prohibiting Exploitation of a Vulnerable Adult in Orlando, Florida?

Before a court can issue a temporary injunction, it must find that there is:

1. 1. An immediate and present danger of exploitation of the vulnerable adult;
2. 2. A likelihood of irreparable harm and no adequate remedy at law;
3. 3. A substantial likelihood of success on the merits;
4. 4. Threatened injury to vulnerable adult that outweighs the possible harm to the respondent;
5. 5. No disservice to the public interest by granting the temporary injunction; and
6. 6. The injunction provides for the vulnerable adult’s physical or financial safety.

In a hearing for temporary injunction, the only evidence that may be used is the verified pleadings or affidavits unless the respondent appears at the hearing or has received reasonable notice of the hearing. The petition is considered a family case for purpose of F.S. 90.204. F.S Section permits a court to review its own records in other cases regarding that person.

A denial of a temporary injunction must be by written order noting the legal grounds for the denial. If the reason for the denial is no immediate and present danger of exploitation, the court must set a full hearing at the earliest possible time.

The court may grant any relief determined to be proper and for the protection of the vulnerable adult. Relief may include any of the following:

1. 1. Restraining Respondent from committing any acts of exploitation or undue influence against vulnerable adult;
2. 2. Awarding to the vulnerable adult the temporary exclusive use and possession of the dwelling that the vulnerable adult and respondent share, or barring the respondent from the residence of the vulnerable adult. The court must confirm the availability of required services or alternative caregivers that may be necessary to ensure the vulnerable adult’s safety;
3. 3. Freezing any asset of the vulnerable adult in any depository or financial institution, titled in the vulnerable adult’s name only, jointly with the respondent, in guardianship in a Totten trust, in trust, or in respondent’s name only;
4. 4. Freezing any line of credit of vulnerable adult at any depository or financial affidavit whether listed solely in the vulnerable adult’s name or jointly with the respondent;
5. 5. Prohibit  the respondent from having any contact with the vulnerable adult; and

    6.   Issuing injunctions for service or directives to law enforcement agencies the court determines to be for the protection of the vulnerable adult.

Assets held by a guardian for the vulnerable adult may not be frozen by an order entered by court overseeing guardianship proceeding. Assets solely in name of the respondent may only be frozen on an ex parte basis if the court finds probable cause that assets are traceable to the exploitation, likely to be returned to a vulnerable adult following an evidentiary hearing, and there is no other adequate remedy at law. A freeze to a credit line used by a trust can only occur after actual service on the trustees and a hearing.

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