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Can I Obtain A Temporary Injunction in An Orlando, Florida Area Guardianship Case?

In order to obtain a temporary injunction or permanent injunction in an Orlando, Florida Area Guardianship Case, and freeze the assets in the case, you must prove the following:

1. Irreparable harm would result if the relief is not granted;
2. An adequate remedy at law is unavailable;
3. A substantial likelihood of success on the merits; and
4. Entry of the temporary injunction will serve the public interest.

Florida Rule of Civil Procedure 1.610(c) requires that the Order imposing the injunction and freezing the assets must:

1. Specify the reasons for entry of the order;
2. Describe in reasonable detail the acts or acts restrained. 

It is not good enough to have mere conclusions in your order. The opposing party must not be left in doubt about what he/she is to do. 

In order to obtain a temporary injunction, there must be a bond given by the moving party in the amount that the judge finds is proper based on the on the payment of costs and damages sustained by the opposing party if the opposing party is enjoined in error. The bond cannot be waived and cannot be a nominal amount. 

No bond is required for a temporary injunction to prevent physical injury or abuse of an alleged vulnerable adult/alleged incapacitated person. 

Why would you obtain an injunction a guardianship case? You would obtain an injunction in a guardianship case to preserve the assets. The goal is to preserve the 

preserve the assets for the alleged incapacitated person and the beneficiaries. 

If you want to obtain an injunction for exploitation of a vulnerable adult, you may obtain an ex-parte injunction under that scenario. Florida Statute 825.1035 allows you to obtain an ex-parte injunction freezing assets where there is exploitation of an alleged vulnerable adult. 

Florida Statute 835.1036 explains the civil and criminal penalties for exploitation of a vulnerable adult. It is a first-degree misdemeanor for violation of an injunction for protection against exploitation of a vulnerable adult; and a third-degree felony if someone violates the injunction for protection against exploitation of alleged vulnerable adult two or more times and is convicted of such violations. The state attorney’s office can prosecute the violation of the injunction through civil or criminal contempt proceedings. 

You do not need an attorney to file an injunction for protection against exploitation of alleged vulnerable adult. You can file a guardianship simultaneously to filing an injunction for protection against exploitation of alleged vulnerable adult. You would file a petition for emergency temporary guardianship and a petition for plenary guardianship simultaneously to filing the petition for protection against exploitation of an alleged vulnerable adult. You file the petition in the county where the alleged vulnerable adult resides. 

If you have more questions regarding a Guardianship matter, you may call Ann Marie Giordano Gilden, Esquire at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https//: www.AnnMarieGildenLaw.com

This article is for informational purposes only and does not form an attorney client privilege.