Title 38 — Title 38

This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act. History: (Act 2017-284, §1.)

(a) A violation of an elder abuse protection order is a Class A misdemeanor, which shall be punishable as provided in law. (b) A second conviction for a violation of an elder abuse protection order, in addition to any other penalty or fine, shall be punishable by a minimum of 30 …

A law enforcement officer may arrest any person for a violation of this chapter if the officer has probable cause to believe that the person has violated any provision of a valid elder abuse protection order, whether temporary or permanent. The presentation of an elder abuse prot…

Nothing in this chapter shall be construed to limit the enforcement of any other laws or rules that protect vulnerable adults or limit the jurisdiction of or action by any regulatory or law enforcement agency. History: (Act 2017-284, §14.)

This chapter shall be liberally construed and applied to promote all of the following purposes: (1) To maximize protection of victims of elder abuse. (2) To create a flexible and expeditious method of obtaining a protection order against an individual who has committed elder abus…

For purposes of this chapter, the following terms shall have the following meanings: (1) CAREGIVER. The term as defined in Section 13A-6-191. (2) ELDER ABUSE. The commission of any of the following acts or the intent to commit any of the following acts against an elderly person: …

(a) The following courts shall have jurisdiction to issue elder abuse protection orders under this chapter: (1) Circuit courts. (2) A special circuit court judge appointed pursuant to Section 12-1-14 or 12-1-14.1. (3) A district court judge designated by a written standing order …

(a) The plaintiff’s right to relief under this chapter shall not be affected by his or her leaving the residence or household to avoid further abuse. (b) The remedies and procedures provided in this chapter are in addition to and not in lieu of any other judicial protection actio…

(a)(1) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff: a. A court appointed guardian. The petition must include a copy of the court order appointing the …

(a) The court shall hold a hearing after the filing of a petition under this chapter upon the request of the defendant or within 10 days of the perfection of service. A final hearing shall be set at which the standard of proof shall be a preponderance of the evidence. If the defe…

(a) If it appears from a petition for an elder abuse protection order or a petition to modify an elder abuse protection order that elder abuse has occurred or a modification is warranted, the court may do either of the following: (1) Without notice or hearing, immediately issue a…

Orders. (a) A copy of an elder abuse protection order shall be issued to the plaintiff, the defendant, and the law enforcement officials with jurisdiction to enforce the protection order. (b) If the defendant is appointed as the plaintiff’s guardian or conservator, a copy of any …