The proposed bill amends the Revised Judicature Act of 1961 by introducing a new section, 2950p, which establishes a framework for issuing personal protection orders specifically for elders and vulnerable adults. Individuals aged 60 or older, those defined as vulnerable adults, or those with developmental disabilities can petition the circuit court for these protection orders, which can restrain individuals from harmful actions such as entering premises, assaulting the petitioner, threatening violence, and engaging in financial exploitation. The bill also outlines procedural requirements for the issuance and enforcement of these orders, including provisions for transferring cases to probate court if the petitioner is under guardianship or conservatorship, and emphasizes that the absence of police or medical reports should not hinder the issuance of an order.
Key insertions in the bill include a requirement for a statement allowing respondents a designated period to collect personal belongings from the petitioner's premises with law enforcement present, and a mandate that any monetary award to the petitioner must specify the amount for damages, costs, and attorney fees, along with payment due dates and consequences for non-payment. The bill allows for ex parte personal protection orders to be issued without prior notice if immediate harm is evident, valid for at least 182 days. It also details the responsibilities of the court clerk in notifying law enforcement and the petitioner about the issuance of these orders, ensuring prompt entry into the law enforcement information network, and outlines enforcement mechanisms, including penalties for non-compliance. Overall, the bill aims to enhance legal protections for vulnerable populations in Michigan.
Statutes affected: Substitute (S-1): 600.101, 600.9947
Senate Introduced Bill: 600.101, 600.9947
As Passed by the Senate: 600.101, 600.9947