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Wisconsin's Individual-At-Risk Restraining Order: An Analysis of the First Thirty Months

Item

Title

Wisconsin's Individual-At-Risk Restraining Order: An Analysis of the First Thirty Months

Date

2010

Published In

Volume

18

Bibliographic Citation

18 Elder Law Journal (2010)

Abstract

Elders and people with disabilities often find themselves victims of abuse, neglect, and exploitation. Recognizing the breadth of this problem, Wisconsin legislators amended state statutes on restraining orders to help protect these populations from individuals demonstrating the effectiveness of the Wisconsin law in protecting elders and people with disabilities. In particular, this study looks into the atypical provisions in the Wisconsin law allowing a person other than the individual at risk to file a petition for restraining order and permitting the petition to be filed to enjoin financial exploitation, emotional abuse, and mistreatment of animals. While noting the many successes and benefits brought about by the individual-at-risk restraining order, this Article also addresses the challenges in its implementation, including performance of guardians ad litem, judicial understanding of the law, and enforcement. Consequently, the authors make several recommendations to strengthen the law and improve practice.

SSRN URL

Keywords

abuse
elders
individual-at-risk
courts
restraining order
injunction
study