Protective Injunction Petition

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Protective Injunction Petition is a commonly used form within Florida. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Protective Injunction Petition

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Protective Injunction Petition:

• This form pertains to the State of Florida

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Florida’s Form Protective Injunction Petition up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Florida form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Florida probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Protective Injunction Petition, take a break, and then review. Probate and estate settlement processes in FL are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Protective Injunction Petition online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Protective Injunction Petition to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Florida.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Florida can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Florida. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Florida is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Florida probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Florida probate clerk or court for exact answers regarding Form Protective Injunction Petition, and when in doubt— consult a qualified trust & estates lawyer for that area.

Protective Injunction Petition is one of the many probate court forms available for download through Atticus.

It may also be available through some Florida probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Florida.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Protective Injunction Petition f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Florida probate court office.

Protective Injunction Petition is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Florida-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Florida Form Protective Injunction Petition. You can use this to get an idea of the context of the form and what type of information is needed.

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 PETITION FOR PROTECTIVE INJUNCTION AGAINST EXPLOITATION OF A VULNERABLE ADULT Before me, the undersigned authority, Petitioner, _________________________________________, personally appeared and upon being sworn says the following statements are true: 1.The Petitioner is filing this petition in regards to _________________________________, a vulnerable adult. 2.The Petitioner’s association with the vulnerable adult is ________________________________________________________________________ . 3.The vulnerable adult resides at: _________________________________________________ __________________________________________________________________ [address]. 4.The Respondent is __________________________________________________. 5.The Respondent resides at: ____________________________________________________ _________________________________________________________ [last known address]. 6.The Respondent’s last known place of employment is: ______________________________ ___________________________________________________ [company name & address]. 7.Respondent’s physical description: Race: Sex: Height: Weight: Eye Color: Hair Color: Date of Birth: Other Distinguishing Marks or Scars: 8.Respondent’s Aliases (if any): _________________________________________________. 9.The Respondent is associated with the vulnerable adult as follows: _____________________ ________________________________________________________________________ ________________________________________________________________________ __. 10.The following describes any other cause of action currently pending between the Petitioner and the Respondent, any chapter 744 proceeding involving the vulnerable adult, and any previous or pending attempts by the petition to obtain an injunction for protection against exploitation of the vulnerable adult in this or any other circuit; related case numbers, if available; and the results of such attempts: ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 11.The following describes the Petitioner’s knowledge of any reports made to a government agency, including, but not limited to, the Department of Elderly Affairs, the Department of Children and Families, and the adult protective services program relating to the abuse, neglect, or exploitation of the vulnerable adult; any investigations performed by a government agency relating to abuse, neglect, or exploitation of the vulnerable adult; and the results of any such reports or investigations: ________________________________________________________________________ Vulnerable Adult Protective Injunction PetitionPage 2 of 6 ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 12.The Petitioner knows, or has reasonable cause to believe, the vulnerable adult is either a victim of exploitation or is in imminent danger of becoming a victim of exploitation because the respondent has: [Describe incidents/threats of exploitation] ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 13.The following describes the Petitioner’s knowledge of the vulnerable adult’s dependence on the Respondent for care; alternative provisions for the vulnerable adult’s care in the Respondent’s absence, if necessary; available resources the vulnerable adult has to access such alternative provisions; and the vulnerable adult's willingness to use such alternative provisions: _________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 14.The Petitioner knows the vulnerable adult maintains assets, account, or lines of credit at the following financial institution(s): [name, address, and account number of each]. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 15.The Petitioner believes that the vulnerable adult’s assets to be frozen are worth: [Mark one]: A) Less than $1,500B) Between $1,500 and $5,000C) More than $5,000 16.The Petitioner genuinely fears imminent exploitation of the vulnerable adult by the Respondent. Vulnerable Adult Protective Injunction PetitionPage 3 of 6 17.The Petitioner seeks an injunction for the vulnerable adult’s protection, including: [Mark the appropriate section(s)]: ______ Prohibiting the Respondent from having any direct or indirect contact with the vulnerable adult; ______ Immediately restraining the Respondent from committing any acts of exploitation against the vulnerable adult; ______Freezing the vulnerable adult’s assets held at ________________________________________________________________________ _____________________________ (name and address of depository or financial institution) even if titled jointly with the Respondent, or in the Respondent's name only, in the court’s discretion; ______Freezing the vulnerable adult’s credit lines at ________________________________________________________________________ ______________________________ (financial institution’s name and address) even if jointly with the respondent, in the court’s discretion; _______Providing any terms the court deems necessary for the protection of the vulnerable adult or his or her assets, including any injunctions or directives to law enforcement agencies. 18.Should the court enter an injunction freezing assets and credit lines, the Petitioner believes that the vulnerable adult’s critical expenses will be paid for, or provided by, the following persons or entities, or the Petitioner requests that the following expenses be paid notwithstanding the freeze: [list for each expense - name of the payee, address, account number if known, amount, and brief explanation of why payment is critical]. ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. I ACKNOWLEDGE THAT PURSUANT TO SECTION 415.1034, FLORIDA STATUTES, ANY PERSON WHO KNOWS, OR HAS REASONABLE CAUSE TO SUSPECT, THAT A VULNERABLE ADULT HAS BEEN OR IS BEING ABUSED, NEGLECTED, OR EXPLOITED HAS A DUTY TO IMMEDIATELY REPORT SUCH KNOWLEDGE OR SUSPICION TO THE CENTRAL ABUSE Vulnerable Adult Protective Injunction PetitionPage 4 of 6 HOTLINE. I HAVE REPORTED THE ALLEGATIONS IN THIS PETITION TO THE CENTRAL ABUSE HOTLINE. I HAVE READ EACH STATEMENT MADE IN THIS PETITION AND EACH SUCH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. Vulnerable Adult Protective Injunction PetitionPage 5 of 6 The Petitioner hereby petitions the Court for a protective injunction against the Respondent. Petitioner’s Name Petitioner’s Address Petitioner’s Telephone Petitioner’s Email Address (If do not have email, write N/A) Petitioner’s Relationship to Respondent Petitioner’s Relationship to Alleged Vulnerable Adult Petitioner’s Signature* *Petitioner designates the above email be used for notice and service of process purposes unless no email address is available or Petitioner specifically requests in a separate writing that U.S. mail be used. State of Florida; City of ______________________________; County of Miami-Dade The foregoing instrument was sworn to or affirmed, subscribed, and acknowledged before me this ______ day of ________________ 20______. Petitioner is personally known to me; or has produced _______________________________________ as identification. __________________________________________ Notary Public or Deputy Clerk of Courts Signature __________________________________________ Print, type, or stamp commissioned name of Notary Public or Deputy Clerk of Courts My Commission Expires: Vulnerable Adult Protective Injunction PetitionPage 6 of 6