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Protecting People with Disabilities from Abuse

ISSUE:

Restraining orders are intended to keep alleged abusers away from their victims. Currently, the protection afforded by restraining orders may not be available for one or more of the following reasons:

• Some types of abuse are not defined in the law. For example, economic exploitation, forced isolation, and limiting access to equipment and services would not prompt certain types of restraining orders.
• The status of the alleged abuser is not included in the definition of those against whom an action can be brought. For instance, an adult being harmed by a caregiver cannot bring a domestic abuse restraining order unless the caregiver lives with the person.
• The status of the person being abused can be a limiting factor. A child with a disability or an adult with a disability that does not conform to the definition of "vulnerable adult" may not be able to generate a restraining order.

POSITION:

Every child and adult should be free from physical and emotional abuse and have equal access to legal protections and remedies.

LEGISLATIVE INITIATIVES:

WCDD supports the following legislative initiatives:

Revise sections of Chapter 813 to better protect the safety of people with disabilities living in community settings to:

• Broaden the definitions of who may obtain a restraining order, against whom a restraining order can be brought, and the range of actions for which a restraining order can be brought to include abuse occurring within caregiving arrangements.
• Address issues involving abusers who are also legal guardians, including the conversion of guardianship and protecting the victim from retaliation exercised through the abuser's role as guardian.

Back to WCDD Home Page > Introduction

1. Introduction
2. Birth to Three
3. Campaign Finance Reform
4. Children's Long Term Care Redesign
5. Community Aids
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15. Medicaid Card Services
16. Mental Health: Fairness in Insurance
17. Mental Health: Services & Supports
18. Protecting People with Disabilities from Abuse
19. Respite Care
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21. State Centers for the Developmentally Disabled
22. Voting Reforms
23. Welfare Reform & People with Disabilities