Section 38-9F-11 – Enforcement.
Section 38-9F-11 Enforcement. 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 protection order constitutes probable cause for […]
Section 38-9F-12 – Construction of Chapter.
Section 38-9F-12 Construction of chapter. 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. (Act 2017-284, §14.)
Section 38-9F-5 – Relief; Remedies; Full Faith and Credit.
Section 38-9F-5 Relief; remedies; full faith and credit. (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 […]
Section 38-9F-6 – Sworn Petition for Relief on Behalf of Elderly Person.
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (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 […]
Section 38-9F-7 – Hearing; Temporary Ex Parte Protection Orders.
Section 38-9F-7 Hearing; temporary ex parte protection orders. (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 […]
Section 38-9F-8 – Ex Parte Relief.
Section 38-9F-8 Ex parte relief. (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 an ex […]
Section 38-9F-9 – Parties to Be Issued Copies of Elder Abuse Protection Order; Form of Orders.
Section 38-9F-9 Parties to be issued copies of elder abuse protection order; form of 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 […]
Section 38-9F-10 – Violations.
Section 38-9F-10 Violations. (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 days […]
Section 38-9F-1 – Short Title.
Section 38-9F-1 Short title. This chapter shall be known and may be cited as the Elder Abuse Protection Order and Enforcement Act. (Act 2017-284, §1.)
Section 38-9F-2 – Construction and Application; Purposes.
Section 38-9F-2 Construction and application; purposes. 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 abuse. (3) To expand the […]