Restraining Orders

Abandonment is an action, or failure to act, by a person who has a duty to care for the vulnerable adult that leaves the vulnerable adult without the means or ability to get needed food, clothing, shelter, or health care.¹

Abuse is the intentional or reckless action, or failure to act, that causes injury, unreasonable confinement, intimidation, or punishment to a vulnerable adult. Abuse includes sexual abuse, mental abuse, physical abuse, personal exploitation, and improper use of restraint against the vulnerable adult, which are defined below.²

Financial exploitation is the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity for the profit or advantage of any person or entity other than the vulnerable adult. This includes:

1. the use of deception, intimidation, or undue influence by someone in a position of trust with the vulnerable adult;
2. when someone who has the legal responsibility to act in the best interest of the vulnerable adult (“fiduciary duty”) breaches that duty; for example, a person with power of attorney or guardianship over the vulnerable adult; or
3. the use of the vulnerable adult’s property, income, resources, or trust funds by someone who knows the vulnerable adult lacks the ability to agree to that use.³

Improper use of restraint means the inappropriate use of chemical, physical, or mechanical restraints for convenience or discipline in a way that:

• is inconsistent with federal or state licensing or certification requirements for facilities, hospitals, or programs authorized by law;
• is not medically allowed; or
• otherwise is considered abuse.⁴

Mental abuse means an intentional or reckless verbal or nonverbal action that threatens, humiliates, harasses, coerces, isolates, unreasonably confines, or punishes a vulnerable adult. This can include withholding or tampering with prescribed medications.⁵

Neglect is when a person or entity with a duty to care for a vulnerable adult:

• engages in a pattern of conduct or fails to act in a way that provides the goods or services that are needed to keep the vulnerable adult mentally and physically healthy or fails to avoid or prevent physical or mental harm or pain to the vulnerable adult; or
• acts or fails to act in a way that shows a serious disregard of the outcome, causing a clear and present danger to the vulnerable adult’s health, welfare, or safety, including but not limited to conduct that is not allowed under the law.⁶

Personal exploitation is:

• the act of forcing, compelling, or using undue influence over a vulnerable adult and causing him/her to act in a way that is different than related past behavior; or
• forcing the vulnerable adult to perform services for the benefit of another.⁷

Physical abuse is the intentional or reckless causing of bodily injury or physical mistreatment of the vulnerable adult, which includes but is not limited to acts like hitting, slapping, pinching, strangulation, suffocation, kicking, shoving, or prodding.⁸

Sexual abuse is any form of non-consensual sexual activity, including but not limited to unwanted or inappropriate touching, rape, molestation, indecent liberties, sexual coercion, sexually explicit photographing or recording, voyeurism, indecent exposure, and sexual harassment. If the vulnerable adult is in a facility or program, sexual abuse includes any sexual conduct between the vulnerable adult and a staff person, even if the vulnerable adult has “agreed” to it.⁹

¹ R.C.W. §§ 74.34.020(1); 7.105.010(1)
² R.C.W. §§ 74.34.020(2); 7.105.010(2)
³ R.C.W. §§ 74.34.020(7); 7.105.010(14)
⁴ R.C.W. §§ 74.34.020(2)(e); 7.105.010(2)(a)
⁵ R.C.W. §§ 74.34.020(2)(c); 7.105.010(2)(b)
⁶ R.C.W. §§ 74.34.020(15); 7.105.010(25)
⁷ R.C.W. §§ 74.34.020(2)(d); 7.105.010(2)(c)
⁸ R.C.W. §§ 74.34.020(2)(b); 7.105.010(2)(d)
⁹ R.C.W. §§ 74.34.020(2)(a); 7.105.010(2)(e)