Should people have the right to file retraining orders on mentally disabled people?

Question

This is a discussion question from my contemporary issues class. Tell me your thoughts and why.

Answer 1

You could file a restraining order, but depending on the disability, the person may not understand what that is and what the consequences are of violating the order. I think before you resort to a restraining order, that special supports should be called in to help remedy the situation before an order is filed (i.e. behavior modification, change or addition of medication, etc).

Answer 2

A restraining order is a legal document requiring that a person stay a certain number of feet away from another person. In most cases there is no reason not to. But if a person has a legal guardian it is the legal guardian who needs to receive the restraining order and be responsible as the individual is incompetent legally to abide by the law.

In some cases a person who is mentally disabled may not have any choices as to where they go. If they live in a group home and the group home goes to a place where you happen to be at - the person may have no other choice but to be there.

It my also be that a person is unable to travel anywhere independently except where they may encounter you. They may also be unable to understand the distance in the order and go closer than allowed.

So while you have a 100% right to file an order, it may be that it cannot be upheld 100% due to circumstances beyond the control of the person it is filed against.

ETA: And just exactly what is a retraining order Douglas M?

Answer 3

First mentally ill and mentally disabled are different. A mentally disabled person may not understand that their behaviour is threatening to you, case in point-one might feel stalked by a mentally disabled person but that person may just like them and want to be near them and doesn't understand that following someone is wrong or intimidating. They would mostly likely be upset to know they had done something "wrong". In cases of the mentally disabled, "thinking outside the box" or adapting a situation would probably work and be more constructive than a restraining order, but all cases are different, and a restraining order may be the last and only resort, particularly for the higher functioning.

Answer 4

If a particular mentally disabled person is considered a threat to somebody's safety, then I think it should be possible to have a restraining order put on them, but each case needs to be judged separately. The problem is, depending on what kind of a mental disability the person is dealing with, they may not understand the restraining order or may not be able to keep themselves away, so in some cases a restraining order may not solve anything at all. I think sometimes other alternatives need to be used.

Answer 5

Restraning orders are mean to protect people from those who are endangering them. I am a advocate for people with disabilities, but I also feel that if need be you should have the right to protect yourself. Just because someone has a disability, doesn't mean the rules change. If an individual has a severe disability, they are probably in the direct care of another person who should redirect them if they are being hurtful or offensive.

Answer 6

To make something VERY clear, you cannot just say i dont like this person, and I want them to stay away from me and get a restraining order against them - so THAT answer posted here is wrong. It doesnt work that way.

You cannot "just get" a restraining order against another person. You have to PROVE to the court that the person has threatened you, assaulted you or in some way poses a very real and serious threat to your safety. And the key word is PROVE - you cannot just say they have - you have to have PROOF.

So IMO it doesnt matter if the person is mentally disabled or not, IF a person is a threat to another persons safety and well being than definitely the "victim" is entitled to obtain a restraining order against that person, or any person who threatens them.

Answer 7

Yes. People should have a right to protect themselves regardless of whatever condition the subject of the threat suffers.

A few years ago, I was working in a very close and confined environment with a co-worker that was schizophrenic. He would hear voices that told him I was trying to harass him. He would hear people talking to him on a radio that was silent.

It was a terrifying situation. I went to my union rep and said that I was afraid of this man because he was not only mentally ill but, very large and very strong. While the union rep was working with the company to separate us, this gentleman had a psychotic episode on one of the supervisors and ended up in a facility where he could "get some rest" for a while.

When this guy was taking his medication and was stable, he was great to work with. But, he didn't like taking his medication. Should I be in danger or risk the livelihood of my family because he has a disability?

Answer 8

It is a judgment call and is best left to professionals to decide. The many complex aspects to this question leaves to large a margin for misuse of standards that are not in place to protect the disabled who suffer from to many labels to often. That said I also believe that we re-educate many members of society who struggle with rules and laws and a system should be in place for the mentally disabled as well...........providing it is not punitive.
And folks the question is RETRAINING not RESTRAINING

Answer 9

I think I will add my two cents for those who are mentally disabled! would you put a restraining order on someone who was physically disabled? but as some of you put it someone who is mentally disabled doesn't know what they are doing or saying or hearing voices and all that CRAP! learn about the illness, being disabled is because you have a mental illnes that has caused significant impacted on your life, work and many other things.....

Don't judge someone unless you want in their shoes..... that is all I can say right now, because I still have some "sanity" to me and remember the saying "if you can't say something nice, don't say anything at all"

Answer 10

YES!!! I know someone with a mental disability that stalked a girl. When she went to the cops he threatened to burn her house down. Obviously we as a society don't do enough to help people with mental disabilities, but in the meantime this girl has the right to be safe.