Temporary Ex Parte Injunction Order

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.

Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Temporary Ex Parte Injunction Order:

• 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 Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order, 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 Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order, and when in doubt— consult a qualified trust & estates lawyer for that area.

Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order 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.

Temporary Ex Parte Injunction Order 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 Temporary Ex Parte Injunction Order. 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 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) 2.An ex parte, in-person or telephone hearing (was) / (was not) held on _________________, 20___. 3.The vulnerable adult (does) / (does not) face an immediate and present danger. 4.There (is) / (is not) a likelihood of irreparable harm and nonavailability of an adequate legal remedy. 5.There (is) / (is not) a substantial likelihood of success on the petition’s merits. 6.The vulnerable adult’s threatened injury (does) / (does not) outweigh the Respondent’s possible harm. 7.Granting a temporary injunction (will) / (will not) disserve the public interest. 8.This injunction (does) / (does not) provide for the vulnerable adult’s physical or financial safety. 9.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 1 st Avenue, Miami, Florida 33128, 11 th 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 1 st Avenue, Miami, Florida 33128, 11 th 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. Vulnerable Adult Temporary Protective Injunction OrderPage 2 of 4 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 Vulnerable Adult Temporary Protective Injunction OrderPage 3 of 4 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 4 of 4