Exploitation of a Vulnerable Adult

People sometimes take advantage of the vulnerable—and it can happen quietly, through pressure, deception, or control over money, property, or benefits.
Florida created a specific civil remedy for this: an injunction for protection against exploitation of a vulnerable adult.

The governing statute is Florida Statute § 825.1035.
(This cause of action was created in 2019 and remains a key tool to stop exploitation early.)

Who can file for a vulnerable adult exploitation injunction?

Under the statute, the court can consider granting protection when there is exploitation or an imminent danger of exploitation. As currently written, common categories of petitioners include:

1. A vulnerable adult in imminent danger of being exploited;
2. The guardian of a vulnerable adult in imminent danger of being exploited;
3. A person or organization acting on behalf of the vulnerable adult with the consent of the vulnerable adult or his or her guardian; or
4. 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 the court evaluate “reasonable cause” and imminent danger?

Every case is fact-specific. Courts typically look at the total picture—what happened, what is likely to happen next, and what evidence supports the petition.
The statute identifies factors the court may evaluate, including:

1. The existence of a verifiable order of protection issued previously (including from another jurisdiction).
2. Any history of exploitation by the respondent upon the vulnerable adult in the petition (or another vulnerable adult).
3. Any history of the vulnerable adult being previously exploited or unduly influenced.
4. The capacity of the vulnerable adult to make decisions related to finances and property.
5. Susceptibility of the vulnerable adult to undue influence.
6. Any known criminal history of the respondent or any prior probable-cause findings by Adult Protective Services, if known.

How Fighter Law can help

These cases move quickly. Whether you are seeking protection for a loved one or defending against allegations,
careful preparation matters—clear testimony, organized exhibits, and a focused legal theory.
For broader guidance on civil injunction strategy, visit our main hub for Restraining Orders & Injunctions.

• If you’re seeking protection as a petitioner: How to get a restraining order in Florida.
• If you were served (respondent defense): Respondent help for Florida injunction cases.
• For practical defense guidance: How to fight a restraining order in Florida.
• If you’re worried about criminal exposure (violations, firearm issues, arrest risk): Restraining orders & criminal charges in Florida.

If you are a vulnerable adult (or know someone who is), call us at 407-344-4837 to talk through next steps.
If there’s immediate risk, consider contacting law enforcement or Adult Protective Services first, then follow up with counsel to put the right evidence in front of the judge.

Vulnerable adult exploitation injunction FAQs

Do I have to prove exploitation already happened?

Not always. Florida law allows the court to act when there is exploitation or a credible, imminent danger of exploitation.
The key is presenting specific facts and evidence that show why protection is needed now.

How fast can a judge enter an order?

Injunction cases can move quickly, and courts may enter temporary relief based on a sworn petition. The timing depends on the county and the facts presented,
but you should assume deadlines are short and prepare early.

What types of conduct can count as “exploitation”?

Exploitation often involves misuse of money, assets, benefits, or property—such as coercion, deceptive transfers, controlling access to accounts,
or pressuring a vulnerable adult to sign documents. Evidence (bank records, messages, witnesses) can be critical.

What if a guardianship or incapacity case is already pending?

The statute has special filing rules when there is a pending proceeding concerning the vulnerable adult (for example, under Florida’s guardianship framework).
A lawyer can help ensure the petition is filed in the correct place and coordinated with any related case.

Practical questions people ask

What evidence should I bring to court?

Think documents and “receipts”: financial statements, suspicious transfers, screenshots, call logs, emails, witness names,
medical/capacity information, and any timeline showing when things changed.

Can the respondent still contact the vulnerable adult?

If the court enters restrictions, the order can prohibit contact or limit certain behaviors. The exact terms depend on what the judge finds is necessary to prevent exploitation.

Is this the same as a criminal case?

No—this injunction is a civil remedy. But violating a court order can create serious consequences. If criminal allegations are involved,
get legal advice immediately so you don’t accidentally make things worse.