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

The Elder Law Journal, Vol. 18, No. 2, Fall 2010

Univ. of Wisconsin Legal Studies Research Paper No. 1152

42 Pages Posted: 31 Jan 2011

See all articles by Betsy Abramson

Betsy Abramson

Wisconsin Institute for Healthy Aging

Marsha Mansfield

University of Wisconsin Law School

Jane A. Raymond

Wisconsin Department of Health Services

Date Written: 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.

Keywords: abuse, elders, individual-at-risk, courts, restraining order, injunction, study

JEL Classification: K36, K42

Suggested Citation

Abramson, Betsy and Mansfield, Marsha and Raymond, Jane A., Wisconsin's Individual-at-Risk Restraining Order: An Analysis of the First Thirty Months (2010). The Elder Law Journal, Vol. 18, No. 2, Fall 2010, Univ. of Wisconsin Legal Studies Research Paper No. 1152, Available at SSRN: https://ssrn.com/abstract=1748512

Betsy Abramson (Contact Author)

Wisconsin Institute for Healthy Aging ( email )

WI
United States

Marsha Mansfield

University of Wisconsin Law School ( email )

975 Bascom Mall
Madison, WI 53706
United States

Jane A. Raymond

Wisconsin Department of Health Services ( email )

WI
United States

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