Injunctions: Frequently Asked Questions

Things To Know

Definitions

The State of Florida defines “Family or Household Members” as:

  • Spouses: Spouses must be currently residing or have in the past resided together in the same single dwelling unit; 
  • Former Spouses: Former Spouses must be currently residing together or have in the past resided together in the same single dwelling unit; 
  • Persons related by blood or marriage (e.g. brother, sister, uncle, aunt, cousin, brother-in-law, mother-in-law, etc.) must be currently residing together or have in the past resided together in the same single dwelling unit; 
  • Persons who are presently residing together as if a family or who have resided together in the past as if a family (e.g., boyfriend and girlfriend, parent and adopted child, etc.) must be currently residing together or have in the past resided together in the same single dwelling unit; and 
  • Persons who are parents of a child in common regardless of whether they have been married— NOTE: Parents of a child in common are considered “family or household members” regardless of whether they are or were married and regardless of whether they are currently residing or have in the past resided together in the same single dwelling unit.
  • Vulnerable Adult: A person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage or the infirmities of aging. The vulnerable adult in imminent danger or being exploited; a person or organization acting on behalf of the vulnerable adult with consent of the vulnerable adult or his or her guardian; or a person who simultaneously files a petition for determinate of incapacity and appointment of an emergency temporary guardian with respect to the vulnerable adult.
  • Abuse: Any willful act or threatened act by a relative, caregiver, or household member which causes or is likely to cause significant impairment to a vulnerable adult's physical, mental, or emotional health. Abuse includes acts and omissions.
  • Neglect: The failure or omission on the part of the caregiver to provide the care, supervision, and services necessary to maintain the physical and mental health of a vulnerable adult, including but not limited to food, clothing, medicine, shelter, supervision and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a caregiver or vulnerable adult to make a reasonable effort to protect a vulnerable adult from abuse, neglect, or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness, which produces or could reasonably be expected to result in serious physical or psychological injury, or a substantial risk of death.
  • Adult Exploitation: A person who stands in a position of trust and confidence with a vulnerable adult knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult. Or, that a person who knows or should know that the vulnerable adult lacks the capacity to consent, obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.
  • Self-Neglect: The failure or omission on the part of the vulnerable adult, and not caused by a caregiver, to provide the care, supervision, and services necessary to maintain their physical and mental health, including but not limited to food, clothing, medicine, shelter, supervision and medical services, which a prudent person would consider essential for the well-being of a vulnerable adult. The term “neglect” also means the failure of a vulnerable adult to make a reasonable effort to protect themselves from abuse, neglect or exploitation by others. “Neglect” is repeated conduct or a single incident of carelessness, which produces or could reasonably be expected to result in serious physical or psychological injury, or a substantial risk of death.
  • Disabled Adult: Any person at least 18 years of age, but under 60 years of age, who is not eligible for vocational rehabilitation services and who has one or more permanent physical or mental limitations that restrict his or her ability to perform the normal activities of daily living and impede his or her capacity to live independently.
  • Caregiver: a person who has been entrusted with or has assumed the responsibility for frequent and regular care of or services to a vulnerable adult on a temporary or permanent basis and who has a commitment, agreement, or understanding with that person or that person’s guardian that a caregiver role exists. “Caregiver” includes, but is not limited to, relatives, household members, guardians, neighbors, and employees and volunteers of facilities as defined in subsection (9). For the purpose of departmental investigative jurisdiction, the term “caregiver” does not include law enforcement officers or employees of municipal or county detention facilities or the Department of Corrections while acting in an official capacity.
  • Fiduciary Relationship: A relationship based upon the trust and confidence of the vulnerable adult in the caregiver, relative, household member, or other person entrusted with the use or management of the property or assets of the vulnerable adult. The relationship exists where there is a special confidence reposed in one who in equity and good conscience is bound to act in good faith and with due regard to the interests of the vulnerable adult.

If you need additional information or help, please contact the Broward State Attorney’s Office Victim Advocate Unit at 954-765-4133.