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 harm, and engaging in financial exploitation. The bill mandates that the court must issue a protection order if there is reasonable cause to believe that the individual to be restrained may commit acts of violence or exploitation, and it includes provisions for transferring guardianship or conservatorship cases to probate court.
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, as well as a mandate that any monetary award to the petitioner must specify the exact amount for damages, costs, and attorney fees. The bill also allows for ex parte personal protection orders to be issued without prior notice if immediate harm is evident, valid for at least 182 days. Additional provisions outline the responsibilities of the court clerk in notifying law enforcement and the petitioner about the issuance of protection orders, ensuring they are entered into the law enforcement information network. The bill aims to enhance the protection of vulnerable individuals and streamline the legal process for obtaining necessary protections.
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