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Orlando Injunction Attorney
- Consequences of Getting an Injunction On Your Record
- Dating Violence Injunction in Florida
- Exploitation of a Vulnerable Adult
- Florida Domestic Violence Injunctions
- Florida Sexual Violence Injunctions
- How to Appeal a Final Order of Injunction
- How to FIGHT AGAINST an Injunction or Restraining Order
- How to File an Injunction or a Restraining Order in Florida - For Victims
- How to get text messages with a subpoena
- How to Seal or Expunge a Restraining Order or Injunction
- Orlando Stalking Injunction Lawyer
- Repeat Violence Injunctions in Florida
- Secretly Recording Other People in Florida
Exploitation of a Vulnerable Adult
You can protect your elderly loved ones with this kind of injunction. This is Florida’s newest law on injunctions and went into effect in 2019. Here is a link to the law as it is currently written.
People sometimes take advantage of the vulnerable. And that is a terrible thing. That is one of the reasons this new law was enacted – to protect those who may not always be able to protect themselves.
As currently written, there are four different categories of petitioners (see below). And that petitioner must show that there is exploitation OR an imminent danger of exploitation upon a vulnerable adult.
Who Can File for a Vulnerable Adult Injunction?
- A vulnerable adult in imminent danger of being exploited;
- The guardian of a vulnerable adult in imminent danger of being exploited;
- A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; or
- A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
How Does a Court Determine if There is Reasonable Cause to Believe a Vulnerable Adult in Danger of Exploitation or is in Danger of Becoming Exploited?
The court has to consider and evaluate all relevant factors, including the following:
- The existence of a verifiable order of protection issued previously or from another jurisdiction.
- Any history of exploitation by the respondent upon the vulnerable adult in the petition or any other vulnerable adult.
- Any history of the vulnerable adult being previously exploited or unduly influenced.
- The capacity of the vulnerable adult to make decisions related to his or her finances and property.
- Susceptibility of the vulnerable adult to undue influence.
- Any criminal history of the respondent or previous probable cause findings by the adult protective services program, if known.
If you are a vulnerable adult (or know someone who is), call our experienced criminal defense attorneys to file an injunction in Orlando. We can be reached at 407-344-4837.
