Injunction for Exploitation of a Vulnerable Adult

Section 825.1035(1 l)(b), Florida Statutes (2018), provides that any person who is arrested for a violation of an injunction for protection against the exploitation of a vulnerable adult must be held in custody until brought before the court.

2. Petitioner’s attorney’s name, address, and telephone number: ______________________ ____________________ (If the Petitioner does not have an attorney, write “none”.)

SECTION III: RESPONDENT

(This section is about the person you want the alleged vulnerable adult to be protected from. It must be completed.)

1. The respondent resides at: {last known address} _________________________________
2. The respondent’s last known place of employment is: {name of business and address}
3. Working hours: ___________________________________________________________
4. Physical description of the respondent: ________________________________________ ________________________________________________________________________Race: _______ Sex: Male _______ / Female: _______ Date of birth: _________________ Height: _______ Weight: _______ Eye color: _______ Hair color: __________________ Distinguishing marks or scars: ______
5. Aliases of the respondent {nicknames or other names the respondent goes by}: ______________________
6. Respondent’s attorney’s name, address, and telephone number: ______________ (If you do not know whether the respondent has an attorney, write “unknown”. If the respondent does not have an attorney, write “none”.)

SECTION IV: CASE/REPORT HISTORY AND REASON FOR SEEKING PETITION

(This section must be completed.)

1. The respondent is associated with the alleged vulnerable adult as follows: ______________.
2. The following describes any other cause of action currently pending between the petitioner and the respondent, any proceeding under chapters 393 and 744 concerning the alleged vulnerable adult, and any previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the alleged vulnerable adult in this or any other circuit; related case numbers, if available, and the results of any such attempts: ________________________________________________________________________.
3. The following describes the petitioner’s knowledge of any reports made to a law enforcement or government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the alleged vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the alleged vulnerable adult, and the results of any such reports or investigations: ________________________________________________________________________.
4. The petitioner knows the alleged vulnerable adult is either a victim of exploitation or the petitioner has reasonable cause to believe the alleged vulnerable adult is, or is in imminent danger of becoming, a victim of exploitation because the respondent has: {describe in the spaces below the incidents or threats of exploitation}: ________________________________________________________________________.
5. The following describes the petitioner’s knowledge of the alleged vulnerable adult’s dependence on the respondent for care; alternative provisions for the alleged vulnerable adult’s care in the absence of the respondent, if necessary; available resources the alleged vulnerable adult has to access such alternative provisions; and the alleged vulnerable adult’s willingness to use such alternative provisions: ________________________________________________________________________.
6. The petitioner knows the alleged vulnerable adult maintains assets, accounts, or lines of credit at the following financial institution(s): {list name, address, and account number of each}:

Name of Financial Institution Address Account Number

1. ________________________________________________________________________
2. ________________________________________________________________________
3. The petitioner believes that the alleged vulnerable adult’s assets to be frozen are:
   • Worth less than $1,500; or
   • Worth between $1,500 and $5,000; or
   • Worth more than $5,000.
4. The petitioner genuinely fears imminent exploitation for the alleged vulnerable adult by the respondent.

SECTION IV: REQUEST FOR INJUNCTION

(This section must be completed.)
1. The petitioner seeks an injunction for the protection of the alleged vulnerable adult, including {mark appropriate section or sections}:

•  Prohibiting the respondent from having any direct or indirect contact with the alleged vulnerable adult.
•  Immediately restraining the respondent from committing any acts of exploitation against the alleged vulnerable adult.
•  Freezing the assets of the alleged vulnerable adult held at {name and address of depository or financial institution}__________________________________________ even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion.
• Freezing the credit lines of the alleged vulnerable adult at {name and address of financial institution]_______________________________________________________ even if titled jointly with the respondent, in the court’s discretion.
• Providing any terms the court deems necessary for the protection of the alleged vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies.
• Suspend durable power of attorney.

2. Should the court enter an injunction freezing assets and credit lines, the petitioner believes that the critical expenses of the alleged vulnerable adult will be paid for or provided by the following persons or entities, or the petitioner requests that the following expenses be paid notwithstanding the freeze: {for each expense, list the name of the payee, address, account number if known, amount, and a brief explanation of why the payment is critical}

Payee Name Address Acct. No. Amount Explanation

1. ________________________________________________________________________
2. ________________________________________________________________________

I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE.

I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. ___________(Initials)

Dated: ______________________

____________________________________

Signature of Petitioner

IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA

IN AND FOR _______ COUNTY

IN RE:

______________________________, Alleged Vulnerable Adult,         Case Number: _______________

______________________________, Petitioner,                                 UCN: ______________________

v.                                                                                                       Division: ___________________

_____________________________, Respondent.

____________________________________/
CONSENT FOR PETITIONER TO FILE ON BEHALF OF A VULNERABLE ADULT

I consent to a Petition for Injunction being filed against ________________________________. (Respondent)

I wish to designate __________________________________________ to petition on my behalf for an injunction for protection against exploitation.

_________________________________ Signature

_________________________________ Print Name

Address: {street address} ___________________________________________________ {city, state, and zip code} _________________________________ Date

IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA

IN AND FOR ______ COUNTY

IN RE:

______________________________, Alleged Vulnerable Adult,     Case Number: _______________

______________________________, Petitioner,                             UCN: ______________________

v.                                                                                                   Division: ___________________

_____________________________, Respondent.

____________________________________/

TEMPORARY INJUNCTION FOR PROTECTION
AGAINST EXPLOITATION OF A VULNERABLE ADULT (WITHOUT NOTICE)

The Petition for Injunction for Protection against Exploitation of a Vulnerable Adult under section 825.1035, Florida Statutes, and other papers filed in this Court have been reviewed. This Court has jurisdiction over the vulnerable adult and the subject matter under Florida law. The Petitioner has standing.

It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265, and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.

SECTION 1. NOTICE OF HEARING

Because this Temporary Injunction for Protection against Exploitation of a Vulnerable Adult has been issued without prior notice to Respondent, the Petitioner and Respondent are instructed that they are scheduled to appear and testify at a hearing regarding this matter on {date} ____________________________, at ______ a.m./p.m., when the Court will consider whether to issue a Final Judgment of Injunction for Protection against Exploitation of a Vulnerable Adult, which would remain in effect until modified or dissolved by the Court, and whether the Court should order additional relief, such as freezing accounts. The hearing will be held before The Honorable {presiding judge} _____________________________ at {location} ______________ _____________________________________________________________________________.

If Petitioner and/or Respondent do not appear, this temporary injunction may be continued in force, extended, dismissed, and/or additional orders may be granted, including entry of a permanent injunction and the imposition of court costs. Petitioner and Respondent will be bound by the terms of any injunction or order issued at the final hearing.

IF EITHER PETITIONER OR RESPONDENT DOES NOT APPEAR AT THE FINAL HEARING, HE OR SHE WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER.

All witnesses and evidence, if any, must be presented at this time.

NOTICE: Because this is a civil case, there is no requirement that these proceedings be transcribed at public expense.

YOU ARE ADVISED THAT IN THIS COURT:

a. A court reporter is provided by the court.

b. An electronic recording only is provided by the court. A party may arrange in advance for the services of and provide for a court reporter to prepare a written transcript of the proceedings at that party’s expense.

A RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT AN APPEAL. THE PARTY SEEKING THE APPEAL IS RESPONSIBLE FOR HAVING THE TRANSCRIPT PREPARED BY A COURT REPORTER. THE TRANSCRIPT MUST BE FILED WITH THE REVIEWING COURT OR THE APPEAL MAY BE DENIED.

SECTION II: FINDINGS

The statements made under oath by Petitioner make it appear that section 825.1035, Fla. Stat., applies to the parties. The Court finds that an immediate and present danger of exploitation of the vulnerable adult exists. It also appears to the Court that there is a likelihood of irreparable harm to the vulnerable adult, and nonavailability of an adequate remedy at law.

The Court further finds that there is a substantial likelihood that Petitioner will be successful in obtaining an injunction upon the merits. Additionally, the Court finds that the threatened injury to the vulnerable adult outweighs any possible harm to Respondent in granting this temporary injunction. This injunction provides for the vulnerable adult’s physical or financial safety. Granting this temporary injunction will not in any way disserve the public interest.

SECTION III: TEMPORARY INJUNCTION AND TERMS

This injunction will be effective until the hearing set above and in no event longer than 15 days unless extended by court order. If a final order of injunction is issued, the terms of this temporary injunction will be extended until service of the final injunction is effected upon Respondent. This injunction is valid and enforceable in all counties in Florida.

The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction.

Any violation of this injunction may subject the Respondent to prosecution under section 825.1036, Fla. Stat.

In addition, any violation of this injunction, whether or not at the invitation of Petitioner, vulnerable adult, or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment. Certain willful violations of the terms of this injunction, such as: refusing to vacate the dwelling that the parties share; going to or being within 500 feet of the vulnerable adult’s residence; exploiting or unduly influencing the vulnerable adult; committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the vulnerable adult; telephoning, contacting, or otherwise communicating with the vulnerable adult directly or indirectly if prohibited by this injunction, knowingly and intentionally coming within 100 feet of the vulnerable adult’s motor vehicle, regardless of whether that vehicle is occupied; or defacing or destroying the vulnerable adult’s personal property constitutes a misdemeanor of the first degree punishable by up to one year in jail, as provided in section 775.082, Fla. Stat., or section 775.083, Fla. Stat.

A person who has two or more prior convictions for violation of an injunction or foreign protection order against the same victim, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in sections 775.082, 775.083, or 775.084, Fla. Stat., pursuant to section 825.1036, Fla. Stat. In addition, it is a federal criminal felony offense, punishable by up to life imprisonment, depending on the nature of the violation, to cross state lines or enter Indian country for the purpose of engaging in conduct that is prohibited by this injunction. 18 U.S.C. Section 2262.

It is ORDERED AND ADJUDGED:

1. Exploitation is prohibited.

The respondent may not commit or cause any other person to commit, any acts of exploitation against the vulnerable adult.

“Exploitation” means: knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

1. stands in a position of trust and confidence with the elderly person or disabled adult; or
2. has a business relationship with the elderly person or disabled adult.

“Exploitation” also means: obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;

“Exploitation” may also mean a breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. An unauthorized appropriation occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:

“Exploitation” also means joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or (3) convenience accounts created in accordance with section 655.80, Fla. Stat.

In addition to the above, “exploitation” means intentionally or negligently failing to effectively use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult.

Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person age 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonable equivalent financial value in goods or services creates a permissive presumption that the transfer was the result of exploitation.

This applies regardless of whether the transfer or transfers are denoted by misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer of (1) personal accounts; (2) the parties as a gift or loan, except it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if any repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption applies.

2. No contact.

The respondent may not have any contact with the vulnerable adult unless otherwise provided in this section.

1. Unless otherwise provided herein, Respondent may have no contact with the vulnerable adult. The respondent may not directly or indirectly contact the vulnerable adult in person, by mail, e-mail, telephone, fax, through another person, or in any other manner. Further, Respondent may not contact or have any third party contact anyone connected with the vulnerable adult’s employment or school, if applicable, to inquire about the vulnerable adult or to send any messages to the vulnerable adult. Unless otherwise provided herein, Respondent may not go to, in, or within 500 feet of the vulnerable adult’s current residence: {address} ______________________________________ _____________________________________________________________________ _______________________________________________________________, or any residence to which the vulnerable adult may move, or the vulnerable adult’s place of employment, if applicable: {address}________________________________________________; or where the vulnerable adult attends school, if applicable: {address} _____________________ _; or the following place(s) where the vulnerable adult goes often: {address(es)} _______________________________________________.The Respondent may not knowingly come within 100 feet of the vulnerable adult’s automobile at any time.
2. Other provisions regarding contact: ________________________________________

3. Mailing Address. The respondent must notify the Clerk of the Circuit Court of any change in his or her mailing address, or designated e-mail address(es), within 10 days of the change. All further papers (excluding pleadings requiring personal service) will be served by mail to Respondent’s last known address. Such service by mail will be complete upon mailing. Section 825.1035, Fla. Stat. Service is complete upon mailing.
4. Additional order(s) necessary to protect the vulnerable adult from exploitation. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________
5. Temporary Exclusive Use and Possession of Home _____ Petitioner _____ Respondent has temporary exclusive use and possession over the dwelling located at: _______________________
6. _____ Transfer of Possession of the Home. A law enforcement officer with jurisdiction over the home will accompany _____ Petitioner _____Respondent to the home, and shall place _____ Petitioner _____ Respondent in possession of the home.
7. _____ Personal Items. _____ Petitioner _____ Respondent, in the presence of a law enforcement officer, may return to the premises described above on {date} ____________________, at _________ a.m./p.m., or time arranged with the law enforcement department with jurisdiction over the home, accompanied by a law enforcement officer only, to obtain his or her clothing and items of personal health and hygiene and tools of the trade. A law enforcement officer with jurisdiction over the premises will go with _____ Petitioner _____ Respondent to the home and stand by to insure that he or she vacates the premises with only his or her personal clothing, toiletries, tools of the trade, and any specific items listed below. The law enforcement agency is not responsible for storing or transporting any property.
8. _____ Petitioner _____ Respondent may not damage or remove any furnishings or fixtures from the parties’ former shared residence. If the Respondent is not awarded possession of the home and goes to the home without a law enforcement officer, it is a violation of this injunction.
9. _____ The following other personal possessions may also be removed from the premises at this time: ___________________________________________________ _____________________________________________________________________ _____________________________________________________________________
10. _____ If Respondent provides services to the vulnerable adult, the following services required for the vulnerable adult will continue to be provided: ___________________ _____________________________________________________________________ _____________________________________________________________________ These services will now be provided by: ____________________________________
11. If Respondent was the vulnerable adult’s caregiver, caregiving services will now be provided to the vulnerable adult by: ________________________________________
12. _____ Other: _________________________________________________________ _____________________________________________________________________

3. Assets. The Court finds probable cause that exploitation has occurred. Assets held solely in the name of the respondent may only be frozen on an ex parte basis if the petition and affidavit demonstrate to the court probable cause that such assets are traceable to the unlawful exploitation of the vulnerable adult, that such assets are likely to be returned to the vulnerable adult after a final evidentiary hearing, and that no other adequate remedy at law is reasonably available.

a. The following assets will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________

4. _____________________________________________________________________
5. _____________________________________________________________________

b. Assets held by a trust may be frozen only by an order of the court if all the trustees of a trust are served with process and are given reasonable notice before any hearing on the petition.

The trustee(s) has/have been properly served.
The trustee(s) has/have not been properly served.
Assets held by a trust will be frozen at this time.
Assets held by a trust will not be frozen at this time.

The following assets held in trust will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
5. _____________________________________________________________________

c. The following credit lines will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
5. _____________________________________________________________________

d. Lines of credit held by a trust may be frozen only by an order of the court if all the trustees of the trust are served with process and are given reasonable notice before any hearing on the petition.

•  The trustee(s) has/have been properly served.
•  The trustee(s) has/have not been properly served.
•  Lines of credit held by a trust will be frozen at this time.
•  Lines of credit held by a trust will not be frozen at this time.The following lines of credit held in trust will be frozen:Name of Financial Institution Address Account Number1.______________________________________________________________________2. ______________________________________________________________________ 3.______________________________________________________________________ 4.______________________________________________________________________ 5.______________________________________________________________________

5. Where this injunction freezes Respondent’s assets, only the proceeds of the exploitation will be affected as follows: __________________________________________________________________
6. _____ The following assets under the temporary freeze will be returned to the vulnerable adult as follows: __________________________________________________________________
7. _____ The following assets under the temporary freeze will remain under the temporary freeze until ownership can be determined. __________________________________________________________________
8. _____ If the Court orders an asset and credit freeze, the Court also orders that living expenses of the vulnerable adult continue to be paid as follows: __________________________________________________________________

•  The assets are between $1500 and $5000. The following financial institution(s) holding assets belonging to the vulnerable adult is/are ordered to pay to the Clerk of the Circuit Court $75 from unencumbered assets of the vulnerable adult: __________________________________________________________________OR
•  The assets are over $5000. The following financial institution(s) holding assets belonging to the vulnerable adult is/are ordered to pay to the Clerk of the Circuit Court $200 from unencumbered assets of the vulnerable adult: __________________________________________________________________
• SECTION IV. DIRECTIONS TO LAW ENFORCEMENT OFFICER IN ENFORCING THIS INJUNCTION{Unless ordered otherwise by the judge, all provisions of this injunction are considered mandatory provisions and should be interpreted as part of this injunction.}

1. The Sheriff or County, or any other authorized law enforcement officer, is ordered to serve this temporary injunction upon Respondent as soon as possible after its issuance.

2. This injunction is valid and enforceable in all counties in Florida. Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without warrant pursuant to section 901.15, Fla. Stat., for any violation of its provisions.

THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLA. STAT. The arresting agent will notify the State Attorney’s Office immediately after arrest.

3. Reporting alleged violations. If Respondent violates the terms of this injunction and there has not been an arrest, Petitioner may contact the Clerk of the Circuit Court of the county in which the violation occurred and complete an affidavit in support of the violation, or the Petitioner may contact the State Attorney’s Office for assistance in filing an action for indirect civil contempt or indirect criminal contempt. Upon receiving such a report, the State Attorney is hereby appointed to prosecute such violations by indirect criminal contempt proceedings, or the State Attorney may decide to file a criminal charge, if warranted by the evidence.
4. Respondent, upon service of this temporary injunction, is deemed to have knowledge of and to be bound by all matters occurring at the hearing and on the face of this injunction.

DONE AND ORDERED at _________________, ________________ County, Florida this ______ day of __________________, 20_____.

___________________________________

CIRCUIT JUDGE

Department of Children and Families, Adult Protective Services Program

If assets or lines of credit are ordered to be frozen, the depositor(ies) or financial institution(s) were served with this injunction in accordance with section 655.0201, Fla. Stat., as follows:_____________________

If assets or lines of credit are held by a trust ordered to be frozen, the depositor(ies) or financial institution(s) were served with this injunction in accordance with section 655.0201, Fla. Stat., as follows: __________________________

I CERTIFY the foregoing is a true copy of the original as it appears on file in the office of the Clerk of the Circuit Court, and that I have furnished copies of this order as indicated above.

[SEAL]

CLERK OF THE CIRCUIT COURT

CLERK OF THE CIRCUIT COURT

By: ________________________________ Deputy Clerk

IN THE CIRCUIT COURT OF THE _____ JUDICIAL CIRCUIT OF THE STATE OF FLORIDA

IN AND FOR _______ COUNTY

IN RE:

______________________________, Alleged Vulnerable Adult,          Case Number: _______________

______________________________, Petitioner,                                  UCN: ______________________

v.                                                                                                        Division: ___________________

_____________________________, Respondent.

____________________________________/

FINAL JUDGMENT OF INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT (AFTER NOTICE)

The Petition for Injunction for Protection against Exploitation of a Vulnerable Adult under section 825.1035, Florida Statutes, and other papers filed in this Court have been reviewed. This Court has jurisdiction of the parties and the subject matter under Florida law.

It is intended that this protection order meet the requirements of 18 U.S.C. Section 2265, and therefore intended that it be accorded full faith and credit by the court of another state or Indian tribe and enforced as if it were the order of the enforcing state or of the Indian tribe.

SECTION 1. HEARING

This cause came before the Court for a hearing to determine whether an Injunction for Protection against Exploitation of Vulnerable Adult in this case should be:

• Issued
• Modified Extended

The hearing was attended by:

Petitioner _______________________________________________________________

Petitioner’s Counsel _______________________________________________________

The vulnerable adult named in the petition ______________________________________

Vulnerable adult guardian __________________________________________________

Vulnerable adult counsel ___________________________________________________

Respondent ______________________________________________________________

Respondent’s Counsel _____________________________________________________

Petitioner failed to appear ___________________________________________________

Respondent failed to appear _________________________________________________

Financial institution representative ___________________________________________

Trustee(s): ______________________________________________________________

Other: __________________________________________________________________

SECTION II. FINDINGS

On {date} ___________________, a notice of this hearing was served on Respondent together with a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time required by Florida law, and Respondent was afforded reasonable notice and an opportunity to be heard in a manner that protected Respondent’s right to due process.

On {date} ___________________, a notice of this hearing was served on the vulnerable adult named in the Petition together with a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time required by Florida law. If appropriate, a copy has been provided to the vulnerable adult’s guardian.

On {date} ___________________, a notice of this hearing was served on the following financial institutions: _____________________________________________________________ together with a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time required by Florida law.

On {date} ___________________, a notice of this hearing was served on the following trustees: _______________________________________________________________________ together with a copy of Petitioner’s petition to this Court and the temporary injunction, if issued. Service was within the time required by Florida law.

After hearing the testimony of each party present and of any witnesses, or upon the consent of the Respondent, the Court finds that, based on the specific facts of this case:

•  that the vulnerable adult is a victim of exploitation or is in imminent danger of becoming a victim of exploitation by Respondent;
•  there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law;
•  the threatened injury to the vulnerable adult outweighs possible harm to the respondent;
•  the prior freeze of the assets of the respondent only affects the proceeds of such exploitation and there is a substantial likelihood that such assets will be ordered to be returned to the vulnerable adult;
•  the relief provides for the vulnerable adult’s physical or financial safety.

III. INJUNCTION AND TERMS

This injunction will be in full force and effect until: Further order of the Court or {date} ___________________.

This injunction is valid and enforceable in all counties of Florida. The terms of this injunction may not be changed by either party alone or by both parties together. Only the Court may modify the terms of this injunction. Either party may ask the Court to change or end this injunction at any time.

Any violation of this injunction by the respondent may result in prosecution under section 825.1036, Fla. Stat.

In addition, any violation of this injunction, whether or not at the invitation of the Petitioner or vulnerable adult or anyone else, may subject Respondent to civil or indirect criminal contempt proceedings, including the imposition of a fine or imprisonment.

Certain willful violations of the terms of this injunction constitutes a misdemeanor of the first degree punishable by up to one year in jail, as provided in section 775.082, Fla. Stat., or section 775.083, Fla. Stat., including:

• refusing to vacate the dwelling that the parties share;
• going to or being within 500 feet of the vulnerable adult’s residence;
• exploiting or unduly influencing the vulnerable adult;
• committing any other violation of the injunction through an intentional unlawful threat, word, or act to do violence to the vulnerable adult;
• telephoning, contacting, or otherwise communicating with the vulnerable adult directly or indirectly, unless the injunction specifically allows indirect contact through a third party;
• knowingly and intentionally coming within 100 feet of the vulnerable adult’s motor vehicle, regardless of whether that vehicle is occupied; or d
• defacing or destroying the vulnerable adult’s personal property.

A person who has two or more prior convictions for violation of an injunction or foreign protection order against the same victim, and who subsequently commits a violation of any injunction or foreign protection order against the same victim, commits a felony of the third degree, punishable as provided in sections 775.082, 775.083, or 775.084, Fla. Stat., pursuant to section 825.1036, Fla. Stat.

In addition, it is a federal criminal felony offense, punishable by up to life imprisonment, depending on the nature of the violation, to cross state lines or enter Indian country for the purpose of engaging in conduct that is prohibited by this injunction. 18 U.S.C. Section 2262.

It is ORDERED AND ADJUDGED:

1. Exploitation prohibited.

Respondent may not commit, or cause any other person to commit, any acts of exploitation against the vulnerable adult. “Exploitation” means: knowingly obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

1. stands in a position of trust and confidence with the elderly person or disabled adult; or
2. has a business relationship with the elderly person or disabled adult.

“Exploitation” also means: obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent;

“Exploitation” may also mean a breach of a fiduciary duty to an elderly person or disabled adult by the person’s guardian, trustee who is an individual, or agent under a power of attorney which results in an unauthorized appropriation, sale, or transfer of property. An unauthorized appropriation occurs when the elderly person or disabled adult does not receive the reasonably equivalent financial value in goods or services, or when the fiduciary violates any of these duties:

“Exploitation” also means joint accounts created with the intent that only the elderly person or disabled adult enjoys all rights, interests, and claims to moneys deposited into such account; or (3) convenience accounts created in accordance with section 655.80, Fla. Stat.

In addition to the above, “exploitation” means intentionally or negligently failing to effectively use an elderly person’s or disabled adult’s income and assets for the necessities required for that person’s support and maintenance, by a caregiver or a person who stands in a position of trust and confidence with the elderly person or disabled adult.

Any inter vivos transfer of money or property valued in excess of $10,000 at the time of the transfer, whether in a single transaction or multiple transactions, by a person age 65 or older to a nonrelative whom the transferor knew for fewer than 2 years before the first transfer and for which the transferor did not receive the reasonable equivalent financial misappropriating, misusing, or transferring without authorization money belonging to an elderly person or disabled adult from an account in which the elderly person or disabled adult placed the funds, owned the funds, and was the sole contributor or payee of the funds before the misappropriation, misuse, or unauthorized transfer of (1) personal accounts; (2) value in goods or services creates a permissive presumption that the transfer was the result of exploitation. This applies regardless of whether the transfer or transfers are denoted by the parties as a gift or loan, except it does not apply to a valid loan evidenced in writing that includes definite repayment dates. However, if any repayment of any such loan is in default, in whole or in part, for more than 65 days, the presumption applies.

2. No contact. The respondent may not have any contact with the vulnerable adult unless otherwise provided in this section.
   1. Unless otherwise provided herein, Respondent may have no contact with the vulnerable adult. The respondent may not directly or indirectly contact the vulnerable adult in person, by mail, e-mail, telephone, fax, through another person, or in any other manner. Further, Respondent may not contact or have any third party contact anyone connected with the vulnerable adult’s employment or school, if applicable, to inquire about the vulnerable adult or to send any messages to the vulnerable adult. Unless otherwise provided herein, Respondent may not go to, in, or within 500 feet of the vulnerable adult’s current residence: {address} ______________________________________ _____________________________________________________________________ _______________________________________________________________, or any residence to which the vulnerable adult may move, or the vulnerable adult’s place of employment, if applicable: {address} _______________________________________ _____________________________________________________________________ _____________________________________________________________; or where the vulnerable adult attends school, if applicable: {address} _____________________ _____________________________________________________________________ _______________________________________________________________; or the following place(s) where the vulnerable adult goes often: {address(es)} ____________ _____________________________________________________________________ ____________________________________________________________________.
   2. _______ The Respondent may not knowingly come within 100 feet of the vulnerable adult’s automobile at any time.
   3. Other provisions regarding contact: ________________________________________
3. Evaluation/Counseling. Within 10 days of the date of this injunction, Respondent must enroll in and, thereafter without delay, complete the following. The respondent must provide proof of such enrollment to the Clerk of the Circuit Court within 30 days of the date of this injunction:i. counseling services, to be paid for by the Respondent.
   ii. Other _________________________________________________________
4. Mailing Address. The respondent must notify the Clerk of the Circuit Court of any change in his or her mailing address within 10 days of the change. All further papers (excluding pleadings requiring personal service) will be served by mail to the Respondent’s last known address. Such service by mail will be complete upon mailing. Section 825.1035, Fla. Stat.

5. Temporary Exclusive Use and Possession of Home
   •  Possession of the Home. Petitioner has temporary exclusive use and possession over the dwelling located at: __________________________________________________ _____________________________________________________________________ _____________________________________________________________________
   •  Transfer of Possession of the Home. A law enforcement officer with jurisdiction over the home will accompany Respondent to the home and shall place Petitioner in possession of the home.
   •  Personal Items. Respondent, in the presence of a law enforcement officer, may return to the premises described above on {date} ________________________, at _________ a.m./p.m., or time arranged with the law enforcement department with jurisdiction over the home, accompanied by a law enforcement officer only, to obtain his or her clothing and items of personal health and hygiene and tools of the trade. A law enforcement officer with jurisdiction over the premises will go with Respondent to the home and stand by to insure that he or she vacates the premises with only his or her personal clothing, toiletries, tools of the trade, and any specific items listed below. The law enforcement agency is not responsible for storing or transporting any property.If the Respondent is not awarded possession of the home and goes to the home without a law enforcement officer, it is a violation of this injunction.
   •  The following other personal possessions may also be removed from the premises at this time: _____________________________________________________________ _____________________________________________________________________ _____________________________________________________________________
   •  If Respondent provides services to the vulnerable adult, the following services required for the vulnerable adult will continue to be provided: ___________________________ _____________________________________________________________________ _____________________________________________________________________These services will now be provided by: _____________________________________
   •  If Respondent was the vulnerable adult’s caregiver, caregiving services will now beprovided to the vulnerable adult by: ________________________________________
   •  Other: _______________________________________________________________
6. Assets. The Court finds probable cause that exploitation has occurred. Assets held solely in the name of the respondent may only be frozen if the Petitioner demonstrates to the court probable cause that such assets are traceable to the unlawful exploitation of the vulnerable adult, that such assets are likely to be returned to the vulnerable adult after a final evidentiary hearing, and that no other adequate remedy at law is reasonably available.

a. The following assets will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________

2. _____________________________________________________________________

b. Assets held by a trust may be frozen only by an order of the court if all the trustees of a trust are served with process and are given reasonable notice before any hearing on the petition.

The trustee(s) has/have been properly served.
The trustee(s) has/have not been properly served.
Assets held by a trust will be frozen at this time.
Assets held by a trust will not be frozen at this time.

The following assets held in trust will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
5. _____________________________________________________________________

c. The following credit lines will be frozen:
Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________
3. _____________________________________________________________________
4. _____________________________________________________________________
5. _____________________________________________________________________

d. Lines of credit held by a trust may be frozen only by an order of the court if all the trustees of the trust are served with process and are given reasonable notice before any hearing on the petition.

The trustee(s) has/have been properly served.
The trustee(s) has/have not been properly served.
Lines of credit held by a trust will be frozen at this time.
Lines of credit held by a trust will not be frozen at this time.

The following lines of credit held in trust will be frozen:

Name of Financial Institution Address Account Number

1. _____________________________________________________________________
2. _____________________________________________________________________Where this injunction freezes Respondent’s assets, only the proceeds of the exploitation will be affected as follows: _________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________

•  The following assets under the temporary freeze will be returned to the vulnerable adult as follows: ____________________________________________________________
•  The following assets under the temporary freeze will remain under the temporary freeze until ownership can be determined: ________________________________________ _____________________________________________________________________
• Final Cost Judgment.A final cost judgment is entered against Respondent in favor of the Petitioner for all taxable costs.A final cost judgment is entered against Respondent in favor of the Clerk of Circuit Court for all the Clerk’s filing fees and service charges.

SECTION IV. DIRECTIONS TO LAW ENFORCEMENT OFFICERS IN ENFORCING THIS INJUNCTION
{Unless ordered otherwise by the judge, all provisions of this injunction are considered mandatory provisions and should be interpreted as part of this injunction.}

1. This injunction is valid and enforceable in all counties in Florida. Violation of this injunction should be reported to the appropriate law enforcement agency. Law enforcement officers of the jurisdiction in which a violation of this injunction occurs shall enforce the provisions of this injunction and are authorized to arrest without a warrant pursuant to section 901.15, Fla. Stat., for any violation of its provisions.
2. THIS INJUNCTION IS ENFORCEABLE IN ALL COUNTIES OF FLORIDA, AND LAW ENFORCEMENT OFFICERS MAY EFFECT ARRESTS PURSUANT TO SECTION 901.15(6), FLA. STAT. The arresting agent will notify the State Attorney’s Office immediately after arrest.
3. Reporting alleged violations. If Respondent violates the terms of this injunction and there has not been an arrest, Petitioner may contact the Clerk of the Circuit Court of the county in which the violation occurred and complete an affidavit in support of the violation, or the Petitioner may contact the State Attorney’s Office for assistance in filing an action for indirect civil contempt or indirect criminal contempt. Upon receiving such a report, the State Attorney is hereby appointed to prosecute such violations by indirect criminal contempt proceedings, or the State Attorney may decide to file a criminal charge if warranted by the evidence.

4. Respondent, upon service of this injunction, is deemed to have knowledge of and to be bound by all matters occurring at the hearing and on the face of this injunction.
5. The temporary injunction, if any, entered in this case is extended until such time as service of this injunction is effected upon Respondent.

DONE AND ORDERED at _________________, ________________ County, Florida this ______ day of __________________, 20_____.

Additional Resources

Exploitation of Vulnerable Adults in Pasco County, FL – Visit the Pasco County Clerk & Comptroller with offices in Dade City and New Port Richey, FL, in Pasco County, to learn more about Guardianships and the Exploitation of Vulnerable Adults under Chapter 825.103(1), Florida Statutes. Find Florida’s Exploitation Injunction Handbook, brochures, a sample petition, information sheet, and the Consent for Petition to File on Behalf of a Vulnerable Adult form.

Administrative Order for Vulnerable Adults Injunctions in Pinellas County, FL – Find the new Administrative Order 2021-043 PA/PI-CIR, regarding an injunction for protection against exploitation of a vulnerable adult that complies with the statutory requirements outlined in sections 732.8031, 736.1104, 825.101, 825.1035, and 825.1036, Florida Statutes. The clerk will accept these petitions at the Robert D. Sumner Judicial Center, the West Pasco Judicial Center, the St. Petersburg Judicial Building, and the Clearwater Courthouse during normal business hours.

This article was last updated on Wednesday, June 28, 2023.