IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,
IN AND FOR MIAMI-DADE COUNTY, FLORIDA—PROBATE DIVISION
IN RE: ______Case No.: ______
(Vulnerable Adult) Section: ______
______,
Petitioner
v.
______,
Respondent

ORDER GRANTING/DENYING TEMPORARY PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT

This Cause came before the Court, which has jurisdiction over the parties and subject matter under state law, on the above motion. Having reviewed the petition and affidavits, considered arguments of counsel, and being otherwise familiar with the case file; the Court finds as follows:

  1. Reasonable notice and opportunity to be heard was given to the Respondent in a manner that was sufficient to protect his or her due process rights _____ / the Court conducted its review ex parte ______. (check one)
  1. An ex parte, in-person or telephone hearing (was) / (was not) held on ______, 20___.
  1. The vulnerable adult (does) / (does not) face an immediate and present danger.
  1. There (is) / (is not) a likelihood of irreparable harm and nonavailability of an adequate legal remedy.
  1. There (is) / (is not) a substantial likelihood of success on the petition’s merits.
  1. The vulnerable adult’s threatened injury (does) / (does not) outweigh the Respondent’s possible harm.
  1. Granting a temporary injunction (will) / (will not) disserve the public interest.
  1. This injunction (does) / (does not) provide for the vulnerable adult’s physical or financial safety.
  1. These findings were based on the following facts: ______.

Accordingly, it is hereby ADJUDGED that:

The Petitioner’s request for a temporary protective injunction is DENIED. The full hearing on the petition is set for ______, 20___, at ___:_____ a.m./p.m. which is the earliest possible date. The hearing will be held before the Honorable ______in the Lawson E. Thomas Courthouse Center located at 175 NW 1st Avenue, Miami, Florida 33128, 11th Floor.

The Petitioner’s request for a temporary protective injunction is GRANTED. This injunction is valid for fifteen days from the date of this Order. The full hearing is set for ______, 20____, at ___:______The hearing will be held before the Honorable ______in the Lawson E. Thomas Courthouse Center located at 175 NW 1st Avenue, Miami, Florida 33128, 11th Floor. It is further ordered that:

a)The Respondent shall not commit any against of exploitation against, or have any direct or indirect contact with, the vulnerable adult.

b)The vulnerable adult is temporarily awarded exclusive use and possess of any dwelling he or she shares with the Respondent as the Respondent is barred from entering said residence.

c)Except for those assets or credit lines held by 1) a guardian, 2) in trust, 3) solely in the Respondent’s name unless the record shows probable cause that such assets are traceable to unlawful exploitation, are likely to be returned to the vulnerable adult after the final evidentiary hearing, and there is no other adequate and reasonably available legal remedy; or 4) needed to pay the following living expenses, which shall continue to be paid: ______; the vulnerable adult’s assets and credit lines are hereby frozen until further court order.

d)Any financial institution holding the vulnerable adult’s assets shall use his or her unencumbered assets to pay the Clerk of Court the following filing fee:

1)$75 – if the assets are worth between $1,500 and $5,000
2)$200 – if the assets are worth more than $5,000
If the court enters an injunction, these fees will be taxed as costs against the Respondent.

e)Law enforcement is hereby directed to: ______.

f)Other: ______

______.

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) arrest powers to enforce its terms.

DONE and ORDERED on ______, 20____.

______

Circuit Court 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.)

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.)

Sheriff of Miami-Dade County

Warrants Bureau

Department of Agriculture and Consumer Services

Other: ______

Petitioner’s Attorney:by U.S. Mail

by hand delivery

Respondent's Attorney:by U.S. Mail

by hand delivery

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 of Miami-Dade County, Florida, and that I have furnished copies of this order as indicated above.

CLERK OF THE CIRCUIT COURT

By:______

Deputy Clerk

ID #______

As of:

Vulnerable Adult Temporary Protective Injunction OrderPage 1 of 4