Vulnerable Adult Injunction for Protection

A vulnerable adult is an adult with impaired ability to:

  • Perform normal activities of daily living
  • Provide for own care or protection

Impairment is due to any of the following: disability (mental, emotional, sensory, long-term physical or developmental), brain damage, or infirmities of aging.

*Per section 415.102(28), Florida Statutes

What Constitutes Exploitation?

  • Depriving the vulnerable adult of his or her funds or property
  • Depriving the vulnerable adult with diminished capacity of funds or property
  • Breach of a fiduciary duty to the vulnerable adult
  • Bank account misuse
  • Failure to provide necessities

*Per section 825.103(1), Florida Statutes

Who May File a Petition?

  • A vulnerable adult in imminent danger of being exploited
  • The guardian of a vulnerable adult who is in imminent danger of being exploited
  • A person or organization acting with the consent of the vulnerable adult, or his or her guardian
  • A person who simultaneously files a petition for determination of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult

Filing a Petition

Petitions are filed in the Probate Department of the Clerk's office located on the first floor of the Polk County Courthouse at 255 N. Broadway Ave., Bartow, FL.  If it is an emergency or after office hours, call 911.

If a guardianship is pending, the petition must be filed in that case; otherwise, it must be filed in the circuit where the vulnerable adult resides.

Effect of Providing False Information to the Court

A person making false statements in a petition for an injunction against the exploitation of a vulnerable adult is subject to criminal penalties and perjury prosecution pursuant to section 837.02, Florida Statutes

Hope Card

The Hope Card provides proof of a final injunction order in a wallet-size or digital card format. 

  • Immediate Verification: The card acts as an official, easily recognizable proof of a valid protective order. It simplifies the process for law enforcement and other authorities to verify the existence and details of the injunction, ensuring quicker responses and enhanced protection.
  • Enhanced Safety: With a Hope Card in hand, individuals can confidently demonstrate their protected status during encounters with law enforcement or other entities, minimizing the risk of confusion or miscommunication.
  • Accessible Support: The card serves as a constant reminder of the legal protections in place and provides direct access to support resources and information tailored to help individuals navigate their safety plan.

Hope Cards are valid for two years after the issuance date of a final order or the expiration date of the injunction, whichever comes first.

How to Obtain a Hope Card

Once you have a final injunction for protection, visit the Clerk’s Civil office (where your injunction was filed). This office is located in the east corridor of the Bartow Courthouse. A Hope Card will be issued within three (3) business days of the request. 

Florida Abuse Hotline

1-800-96ABUSE (1-800-962-2873)

TTY: 1-800-955-8771

Documents

Exploitation of Vulnerable Adult Injunction Packet (PDF)