An injunction for protection against exploitation of a vulnerable adult under section 825.1035 is the newest and least familiar of the Florida injunctions, and it is unlike the others because it is about money rather than violence. It protects a person 65 or older, or a disabled adult, from financial exploitation, and it gives the court power to freeze assets and credit lines, including accounts held jointly with the respondent.
These cases often grow out of family conflict over an aging parent’s finances and care, where one relative accuses another of misusing money or a power of attorney. The stakes are high on both sides, and because the injunction can freeze accounts and cut off access, a respondent has to respond quickly and carefully.
Standing and Relief
Two features set these cases apart: who can bring them, and what the court can order. The standing rules are specific, and the relief reaches assets in a way no other injunction does.
| Question | Answer |
|---|---|
| Who is protected | A person 65 or older, or a disabled adult, who is or may be subject to financial exploitation |
| Who can petition | The vulnerable adult, a representative acting with consent, an agent under a durable power of attorney, a guardian, or a guardianship petitioner |
| What the court can order | No contact, a restraint on exploitation, and a freeze of assets and credit lines, even if held jointly |
| Baseless petitions | Actual damages may be assessed against a petitioner whose petition lacks substantial fact or legal support |
Exploitation does not have to have already occurred for a petition to be filed. Violating the injunction is a separate crime under section 825.1036.
I defend the respondent, the person served with the petition, not the petitioner. Two things make this work fit my practice. I handle the criminal cases that so often run alongside an injunction, from domestic violence battery to stalking, so I can coordinate both rather than let a fast injunction hearing damage the criminal case. And I came up through civil practice on the personal injury side, so the civil rules these hearings run on, the depositions, the discovery, and the evidence, are familiar ground. Where another lawyer is the better fit, I will say so and refer it. Learn more about my background.
Where These Cases Come From
Most of these petitions arise inside families. An adult child manages a parent’s accounts and another sibling objects, a caregiver is accused of taking advantage, or a dispute over a power of attorney spills into court. Some are genuine responses to real exploitation, and some are tactical moves in a fight over inheritance, control, or caregiving. The freeze on assets makes even a weak petition damaging, because it can cut off a respondent’s access to money while the case plays out.
That is why the statute includes a damages remedy against a petitioner whose petition lacks substantial fact or legal support. It is a real deterrent and a real point of strength for a respondent who was acting properly and within the authority of a power of attorney or a legitimate arrangement.
Powers of Attorney and Authorized Conduct
Most exploitation cases turn on a single question: did the respondent have authority to do what they did? An agent acting under a valid durable power of attorney, a court-appointed guardian, or a relative operating under an arrangement the vulnerable adult agreed to may have been doing exactly what they were authorized to do, even if another family member now objects.
The financial records usually tell that story. A clear accounting that ties each transaction to the vulnerable adult’s benefit, or to the express authority granted in a power of attorney, answers the exploitation claim directly. Where the petition is really a fight among relatives over money, control, or caregiving, showing the authority and the legitimate purpose behind the transactions is the heart of the defense.
How an Exploitation Injunction Is Defended
The defense looks first at standing and authority. If the petitioner lacks standing under the statute, or if the respondent was acting within a valid power of attorney, a guardianship, or an agreed arrangement, the petition is on weak ground. The financial records usually tell the story, and a clear accounting that shows transactions were authorized and proper goes straight at the exploitation claim.
Where the petition is a tactic in a family money dispute rather than a response to genuine exploitation, the damages provision becomes part of the response. And because exploitation of an elderly or disabled person is also a crime, the criminal exposure is managed alongside the civil case.
Common Questions
What is an exploitation of a vulnerable adult injunction?
Under section 825.1035, it is an injunction to protect a person 65 or older or a disabled adult from financial exploitation. It can prohibit contact, restrain further exploitation, and even freeze assets and credit lines, including accounts held jointly with the respondent, in the court's discretion.
Who can file it?
The vulnerable adult, a person or organization acting on the adult's behalf with consent, an agent under a valid durable power of attorney, a court-appointed guardian, or someone who simultaneously petitions for a determination of incapacity and an emergency temporary guardian. Standing is one of the first things to examine.
Can my bank accounts really be frozen?
Yes. The court can freeze the vulnerable adult's assets and credit lines even when they are held jointly with you or in your name, if it finds that appropriate to protect the adult. That makes these cases unusually disruptive and worth contesting quickly and carefully.
What if the petition is baseless?
The statute allows the court to assess actual damages against a petitioner if it finds the petition lacks substantial fact or legal support. That is a meaningful check on petitions filed to gain control of an elderly person's money in a family dispute over money or caregiving.
Is this connected to a criminal case?
It can be. Financial exploitation of an elderly or disabled person is also a crime, and violating the injunction is a separate offense. As with the other injunctions, the civil and criminal sides have to be handled together.
Related: Injunctions and protective orders overview, The injunction hearing, Violation of an injunction, and About Rory Safir.
This page is general information about Florida law, not legal advice, and it does not create an attorney-client relationship. Injunctions for protection are civil proceedings governed by chapters 741, 784, 825, and 790, Florida Statutes, and the Florida Family Law Rules of Procedure, and the law can change, so it should be confirmed against current statutes and rules. Violating an injunction is a separate criminal offense. Every case turns on its own facts, and past results do not guarantee a similar outcome.
