Older and vulnerable adults could have an easier time getting a personal protection order against anyone who may be threatening physical or financial harm under bills passed Wednesday in the Michigan Senate.
The legislation would create a new type of personal protection order geared toward older and vulnerable adults.
State Senators Veronica Klinefelt (D-Eastpointe) said it would help keep those groups safe from people looking to take advantage of them, especially in their own home.
“It enables individuals, and it enables vulnerable adults and gives them a pathway that they previously didn’t have to seek protection on their own when they believe that they need it,” Klinefelt told reporters after Senate session Wednesday.
The “elder and vulnerable adult personal protection orders” could stop someone from trespassing, making decisions for a petitioner, or buying or owning a gun.
That firearm part concerns state Senator Jim Runestad (R-White Lake), who says that language needs tightening.
“You’re talking about a real series of sanctions that could be issued against a person because they used inappropriate names or a derogatory phrase or swore and that’s enough under the bill to really lose a lot of your rights,” Runestad said.
Under the legislation, courts are required to grant an order if there’s reasonable cause to believe someone may commit any of a series of acts.
That includes, “using a pattern of derogatory or inappropriate names, phrases or profanity, threats of forced change of residence or institutionalization, ridicule, harassment, coercion, threats, cursing, intimidation, or inappropriate sexual comments or conduct of such a nature as to cause emotional distress to the petitioner with whom the respondent resides.”
There’s also language allowing for a PPO to be granted without notifying the person it’s restraining in certain cases. That would be used when a court determines, “it clearly appears from specific facts shown by a verified complaint, written motion, or affidavit that immediate and irreparable injury, loss, or damage will result from the delay.”
Klinefelt said she trusts the courts to ensure the system wouldn’t be abused should it become law.
“Somebody has to reach out to seek help, which is an indication that there’s already an issue. And I think we have to put a little bit of faith in our judicial system and our judges to look at it,” she said.
Aside from the addressing PPOs, the legislation would also expand the definition of “racketeering” to include defrauding a vulnerable adult out of money or property and allow prosecutors to go after someone for scamming a vulnerable adult, even if that person has died.
Another part of the bill would support local governments’ efforts to prevent people from taking advantage of an older or vulnerable adult.
The legislation aside from the bill detailing the new PPOs received unanimous votes in the state Senate. All four now head to the state House of Representatives, where they’re not likely to come up until after the November 5 general election.
