FORMS RELATED TO INJUNCTION FOR PROTECTION

Probate Rules

Rule: 5.920

Jurisdiction: FL

Bluebook Citation: Fla. Prob. R. 5.920

AGAINST EXPLOITATION OF A VULNERABLE ADULT (a) Petition for Injunction. Petitioners should take steps to protect confidential information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.420 and minimize sensitive information within the petition for injunction under Florida Rule of General Practice and Judicial Administration 2.425. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: ADVERSARY PROCEEDING In re: Protection of Vulnerable Adult Petitioner, and Respondent. , , PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT UNDER SECTION 825.1035, FLORIDA STATUTES Before me, the undersigned authority, personally appeared petitioner who has been sworn and says that the following statements are true: 1. The vulnerable adult, , whose age is , who resides at (address): 2. Section 825.101, Florida Statutes, provides that a vulnerable adult is a person whose ability to perform the normal activities of daily living or to provide for the vulnerable adult’s own care or protection is impaired due to a January 1, 2026 Florida Probate Rules 396 mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging. Please describe the vulnerable adult’s inability to perform the normal activities of daily living. 3. The petitioner’s relationship to the vulnerable adult is: , and the petitioner has the right to bring the petition because: 4. The respondent, , resides at (last known address): 5. The respondent’s last known place of employment is: 6. The physical description of the respondent is: Race: Height: Sex: Date of Birth: Weight: Eye Color: Hair Color: Distinguishing Marks/Scars: 7. 8. Aliases of the respondent are: The respondent is associated with the vulnerable adult as follows: 9. The following describes other causes of action: (a) there is/are 1 or more cause(s) of action currently pending between the petitioner and the respondent, and/or a proceeding under the Florida Guardianship Code, chapter 744, Florida Statutes, concerning the vulnerable adult. Describe causes of action here: (b) Related case numbers and county where filed, if available: (c) there are previous or pending attempts by the petitioner to obtain an injunction for protection against exploitation of the January 1, 2026 Florida Probate Rules 397 vulnerable adult in this or any other circuit. Describe attempts here: (d) The results of any such attempts: 10. The following describes the petitioner’s knowledge of: Any reports made to a government agency, such as the Department of Elder Affairs or the Department of Children and Families: (a) (b) Any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult: and (c) The results of any such reports or investigations: 11. The petitioner knows or has reasonable cause to believe the vulnerable adult is either a victim of exploitation or is in imminent danger of becoming a victim of exploitation, because the respondent (include a description of any incidents or threats of exploitation by the respondent here): 12. The following describes: (a) The petitioner’s knowledge of the vulnerable adult’s dependence on the respondent for care: (b) Alternative provisions for the vulnerable adult’s care in the absence of the respondent, if necessary: January 1, 2026 Florida Probate Rules 398 (c) Available resources the vulnerable adult has for such alternative provisions: ; and (d) The vulnerable adult’s willingness to use such alternative provisions: 13. The petitioner knows the vulnerable adult maintains assets, accounts, or lines of credit at the following institutions: Institution Address Account Number 14. If petitioner is seeking to freeze assets of the vulnerable adult, petitioner believes that the vulnerable adult’s assets to be frozen are (check 1): Worth less than $1,500 Worth from $1,500 to $5,000 Worth more than $5,000 15. The petitioner genuinely fears imminent exploitation of the vulnerable adult by the respondent. 16. The petitioner seeks an injunction for the protection of the vulnerable adult, including (mark appropriate section or sections): indirect contact with the vulnerable adult. Prohibiting the respondent from having any direct or January 1, 2026 Florida Probate Rules 399 committing any acts of exploitation against the vulnerable adult. Immediately restraining the respondent from Freezing the below assets, accounts, and lines of credit of the vulnerable adult, listed below even if titled jointly with the respondent, or in the respondent’s name only, in the court’s discretion. Institution Address Account Number protection of the vulnerable adult or the vulnerable adult’s assets, including any injunctions or directives to law enforcement agencies, including: Providing any terms the court deems necessary for the 17. If the court enters an injunction freezing assets, accounts, and credit lines: (a) the petitioner believes that the critical expenses of the vulnerable adult will be paid for or provided by the following persons or entities: OR (b) The petitioner requests that the following expenses be paid notwithstanding the freezing of assets, accounts, or lines of credit from the following institution(s): January 1, 2026 Florida Probate Rules 400 I ACKNOWLEDGE THAT UNDER 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 SUCH 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. Signature of Party Printed Name: Address: City, State, Zip: Telephone Number: Designated E-mail Address(es): STATE OF FLORIDA COUNTY OF Sworn to or affirmed and signed before me on .....(date)...... Printed Name Notary Public or Deputy Clerk Personally known or Produced identification Type of identification produced: January 1, 2026 Florida Probate Rules 401 (b) Temporary Protective Injunction Against Exploitation of a Vulnerable Adult. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re: Vulnerable Adult Petitioner, and Respondent. , , TEMPORARY PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT AND NOTICE OF HEARING This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered argument of counsel, finds as follows: 1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect the respondent’s due process rights. Date of service OR 2. The court conducted its review ex parte. 3. adult exists. An immediate and present danger of exploitation of the vulnerable 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. January 1, 2026 Florida Probate Rules 402 5. 6. There is a substantial likelihood of success on the merits. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. 7. interest. Granting a temporary injunction will not disserve the public 8. financial safety. This injunction provides for the vulnerable adult’s physical or 9. These findings were based on the following facts: Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a temporary protective injunction is GRANTED. This injunction is valid for 15 days from the date of this order or . The full hearing is set for .....(date)....., at .....(time)...... The hearing will be held before the Honorable at , Florida. It is further ordered that: against the vulnerable adult. The respondent must not commit any act of exploitation The respondent will have no contact with vulnerable adult. The vulnerable adult is awarded temporarily exclusive use and possession of any dwelling the vulnerable adult shares with the respondent. vulnerable adult. The respondent is barred from entering the residence of the hereby frozen until further court order except: The vulnerable adult’s assets, accounts, and credit lines are Institution(s) served on .....(date)...... January 1, 2026 Florida Probate Rules 403 The following institution(s) holding the vulnerable adult’s assets must use the vulnerable adult’s unencumbered assets to pay the clerk of court the following filing fee: $75.00 (if assets are between $1,500–$5,000) OR $200.00 (if assets are more than $5,000). If the court enters an injunction, these fees will be taxed as costs against the respondent. Law enforcement is hereby directed to: Other relief: This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use their section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)..... at .....(time)...... Judge CC: All parties and counsel of record COPIES TO: (Check those that apply) Petitioner: by U. S. Mail by hand delivery in open court (Petitioner must acknowledge receipt in writing on the original order—see below.) Vulnerable Adult (if not petitioner) by U. S. Mail January 1, 2026 Florida Probate Rules 404 by hand delivery in open court Respondent: forwarded to Sheriff for service by U. S. Mail by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) by substitute service under section 825.1035, Florida Statutes. Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file County, Florida, in the office of the clerk of the circuit court of and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT By: Deputy Clerk If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. January 1, 2026 Florida Probate Rules 405 (c) Order Denying Injunction and Notice of Hearing. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re: Vulnerable Adult Petitioner, and Respondent. , , ORDER DENYING REQUEST FOR TEMPORARY INJUNCTION AND SETTING HEARING ON PETITION FOR INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT A petition for injunction for protection against exploitation of a vulnerable adult has been reviewed. This court has jurisdiction over the parties and of the subject matter. Based on the facts stated in the petition, the court finds: The facts supporting the denial of the request for an ex parte injunction are: The court finds that based on the facts, as stated in the petition alone and without a hearing in the matter, there is no appearance of an immediate and present danger of exploitation of a vulnerable adult. January 1, 2026 Florida Probate Rules 406 IT IS THEREFORE ORDERED: The request for a temporary injunction for protection against exploitation of a vulnerable adult is denied. A hearing is scheduled on the petition for injunction for protection against exploitation of a vulnerable adult. The petitioner has the right to promptly amend any petition consistent with court rules. NOTICE OF HEARING A hearing is scheduled regarding this matter on .....(date)....., at .....(time)....., when the court will fully hear the allegations in the petition for injunction for protection against exploitation of a vulnerable adult. The hearing will be before The Honorable .....(name)....., at the following .....(address)....., Florida. All witnesses and evidence, if any, must be presented at this time. IF EITHER PETITIONER OR RESPONDENT DO NOT APPEAR AT THE FINAL HEARING, THE PETITIONER OR RESPONDENT WILL BE BOUND BY THE TERMS OF ANY INJUNCTION OR ORDER ISSUED IN THIS MATTER. Nothing in this order limits petitioner’s rights to dismiss the petition. DONE AND ORDERED in, Florida, on .....(date)...... JUDGE COPIES TO: Sheriff of County CERTIFICATE OF SERVICE: Petitioner: by U. S. Mail address(es) by e-mail to designated e-mail Respondent will be served by sheriff, or by substitute service under section 825.1035, Florida Statutes. Vulnerable Adult will be served by sheriff. The financial institution will be served by sheriff. (If any assets, accounts, or lines of credit are requested to be frozen, insert names of the financial institutions.) January 1, 2026 Florida Probate Rules 407 I CERTIFY the foregoing is a true copy of the original as it appears on file County, Florida, in the office of the clerk of the circuit court of and that I have furnished copies of this order as indicated above. (SEAL) CLERK OF THE CIRCUIT COURT By: Deputy Clerk or Judicial Assistant If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact [identify applicable court personnel by name, address, and telephone number] at least 7 days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, call 711. January 1, 2026 Florida Probate Rules 408 (d) Final Protective Injunction. In the Circuit Court of the Judicial Circuit, in and for County, Florida Case No.: In re: Vulnerable Adult Petitioner, and Respondent. , , PERMANENT INJUNCTION FOR PROTECTION AGAINST EXPLOITATION OF A VULNERABLE ADULT This cause came before the court, which has jurisdiction over the parties and subject matter under state law. The court having reviewed the petition and affidavits and considered the testimony presented and argument of counsel, finds as follows: 1. Reasonable notice and opportunity to be heard was given to the respondent in a manner sufficient to protect the respondent’s due process rights. Respondent was served with the petition for injunction, notice of hearing, and temporary protective injunction, if issued. 2. 3. A hearing was held on .....(date)...... The vulnerable adult is a victim of exploitation or in imminent danger of becoming an exploitation victim. 4. There is a likelihood of irreparable harm and unavailability of an adequate legal remedy. January 1, 2026 Florida Probate Rules 409 5. The threatened injury to the vulnerable adult outweighs possible harm to the respondent. 6. With regard to freezing the respondent’s assets, accounts, and lines of credit that were the proceeds of exploitation, there is probable cause that exploitation has occurred and a substantial likelihood that such assets, accounts, and lines of credit will be returned to the vulnerable adult. 7. financial safety. This injunction provides for the vulnerable adult’s physical or 8. These findings were based on the following facts: Accordingly, it is hereby ADJUDGED that: The petitioner’s request for a protective injunction is GRANTED. This injunction remains in effect until it has been modified or dissolved, and it is further ordered that: against, or have any direct or indirect contact with, the vulnerable adult. The respondent must not commit any acts of exploitation possession of any dwelling the vulnerable adult shares with the respondent. The vulnerable adult is awarded exclusive use and vulnerable adult. The respondent is excluded from the residence of the The respondent must, at the respondent’s own expense, participate in all relevant treatment, intervention, or counseling services to be paid for by the respondent. Unless ownership is unclear, any temporarily frozen assets, accounts, and credit lines of the vulnerable adult are to be returned to the vulnerable adult. If not already paid under the order granting temporary protective injunction against exploitation of a vulnerable adult, a final cost judgment is hereby entered against respondent and in favor of the clerk of courts in the amount of (check 1): January 1, 2026 Florida Probate Rules 410 $75.00 (if assets are between $1,500–$5,000) OR $200.00 (if assets are more than $5,000). All for which let execution issue forthwith. If the amount set forth above has already been paid to the clerk of courts, a final cost judgment is hereby entered against respondent and in favor of the vulnerable adult in the amount set forth above, all for which let execution issue forthwith. Any other costs associated with this judgment, including filing fees and service charges, are to be paid by the respondent. Other: This injunction is valid and enforceable in all Florida counties, does not affect title to real property, and law enforcement may use section 901.15(6), Florida Statutes, arrest powers to enforce its terms. DONE and ORDERED on .....(date)...... CC: All parties and counsel of record Judge COPIES TO: (Check those that apply) Petitioner: by U. S. Mail by hand delivery in open court (Petitioner must acknowledge receipt in writing on the original order—see below.) January 1, 2026 Florida Probate Rules 411 Vulnerable Adult (if not petitioner) by U. S. Mail by hand delivery in open court Respondent: forwarded to Sheriff for service by U. S. Mail by hand delivery in open court (Respondent must acknowledge receipt in writing on the original order—see below.) by certified mail (May only be used when respondent is present at the hearing and respondent fails or refuses to acknowledge the receipt of a certified copy of this injunction.) by substitute service under 825.1035, Florida Statutes. Department of Agriculture and Consumer Services Other: Petitioner’s Attorney: by e-mail Respondent’s Attorney: by e-mail I CERTIFY the foregoing is a true copy of the original as it appears on file County, Florida, in the office of the clerk of the circuit court of and that I have furnished copies of this order as indicated above on .....(date)...... CLERK OF THE CIRCUIT COURT By: Deputy Clerk January 1, 2026 Florida Probate Rules 412

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