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 elder and vulnerable adults. This section allows individuals aged 60 or older, those classified as vulnerable adults, or individuals with developmental disabilities to petition the circuit court for protection against various forms of abuse or exploitation. The bill outlines specific actions that can be restrained, such as entering premises, assaulting the petitioner, threatening harm, and financial exploitation. It also provides for additional relief measures to prevent financial exploitation, including prohibiting access to the petitioner's assets and requiring the return of personal property.
Moreover, the bill enhances the enforcement and notification processes related to these protection orders. It mandates that proof of service or oral notice must be filed with the court clerk, who is then required to notify law enforcement immediately. Law enforcement agencies are tasked with entering this information into the law enforcement information network and are authorized to enforce the orders immediately, even if the individual has not been served. The bill also establishes penalties for non-compliance with protection orders, clarifies definitions related to ownership interest in animals, and ensures that a finding of vulnerability does not necessitate guardianship. Additionally, it specifies that a protection order cannot be issued if the respondent is the unemancipated minor child of the petitioner.
Statutes affected: Substitute (S-1): 600.101, 600.9947
Senate Introduced Bill: 600.101, 600.9947