Elderly Abuse Restraining Orders
For a variety of reasons, older individuals are at an increased risk of abuse. Unfortunately, the chance of experiencing physical, sexual, psychological or financial abuse increases with age. However, California law provides for a special type of restraining order that protects individuals aged 65 and older from all types of abuse. Elderly Abuse Restraining Orders are designed to ensure that we all age with peace and dignity.
At Power Trial Lawyers, our Los Angeles restraining order lawyers have extensive hands-on experience successfully handling all types of restraining order cases. We understand the complex legal requirements to obtain Elderly Abuse Restraining Orders as well as how to navigate the procedural hurdles that often crop up along the way. We’ve enjoyed tremendous success among the restraining order cases we’ve handled, and we look forward to discussing how we can help you navigate this complex and emotionally-charged situation.What Is a California Elderly Abuse Restraining Order?
An Elderly Abuse Restraining Order in California is designed to protect individuals aged 65 and older from abuse. It falls under the broader category of Elder or Dependent Adult Abuse Prevention provided by California laws. The purpose of this restraining order is to prevent physical abuse, neglect, financial abuse, abandonment, treatment that has physically harmed or caused mental suffering, or deprivation by a caregiver of basic things or services needed to avoid serious physical harm.
Below are answers to some of the most frequently asked questions about Elderly Abuse Restraining Orders.Who Can Apply for an Elder and Dependent Adult Abuse Restraining Order?
Anyone who is 65 years or older, or a dependent adult between the ages of 18 and 64 who has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself, can apply for an Elder and Dependent Adult Abuse Restraining Order.What Types of Abuse Can a Restraining Order Prevent?
An Elder and Dependent Adult Abuse Restraining Order is designed to provide protection to individuals 65 years and older who suffer from any kind of abuse. In this context, abuse is very broadly defined as any treatment that results in physical harm, pain, or mental suffering, including the following:
- Physical Abuse: This includes assault, battery, assault with a deadly weapon, and sexual assault.
- Neglect: This could be self-neglect or neglect by others. It's the negligent failure of any person having the care or custody of an elder or a dependent adult to exercise a reasonable degree of care.
- Financial Abuse: This involves the misuse or theft of the elderly person's money or property.
- Abandonment: Deserting the elder or dependent adult.
- Deprivation: Denying the elder basic necessities like food, shelter, or medical care.
If the court issues an Elder or Dependent Adult Abuse Restraining Order, it can provide various protections, including:Personal Conduct Orders
These can restrain the abuser from committing specific acts against the elderly or dependent adult, such as intimidating, threatening, or engaging in any form of abuse.Stay-Away Orders
The court can order the abuser to stay a certain distance away from the person being protected, their home, workplace, vehicle, or other designated locations.Residence Exclusion Orders
In certain cases, the court can order the abuser to move out of a residence they share with the elderly or dependent adult.Gun Prohibition
If the restraining order is granted, the abuser might be required to surrender any firearms they possess and might be prohibited from acquiring any new firearms during the duration of the restraining order.Order to Attend Counseling
In some cases, the court can order the abuser to attend counseling or a batterer's intervention program.Protective Orders for Pets
The court can also grant orders to protect pets, ordering the abuser not to harm, threaten, or remove any animals in the care of the protected individual.Orders Regarding Financial Matters
Given that financial abuse is a concern with the elderly and dependent adults, the court may issue orders regarding the control, possession, or management of funds or properties. The court can also enter a finding that certain debts were incurred by the other party. This could help in the event the owner of the debt sues you.Attorney’s Fees
If the court grants a restraining order, it can order that the restrained party pay for your attorney’s fees and court costs.How Long Does a California Elder and Dependent Adult Abuse Restraining Order Last?
Within a day or two of filing a request for an Elder and Dependent Adult Abuse Restraining Order, the court will hold a hearing to determine whether a temporary restraining order is appropriate. If the judge grants a temporary restraining order, it will typically last until the court hearing date, which could be up to 21 days (or 25 days for good cause).
If, after hearing the evidence and weighing the merits of the request, the court decides to issue a permanent restraining order, it can last up to 5 years.What Happens if Someone Violates an Elder and Dependent Adult Abuse Restraining Order?
The protections offered by an Elder and Dependent Adult Abuse Restraining Order are enforceable by law. If the restrained person violates the order, they can face legal consequences, including arrest and prosecution. Depending on the nature of the violation, it could also impair their defense on the merits of the petitioner’s request.Why the Assistance of an Attorney is Crucial for Those Seeking the Protection of an Elder Abuse Restraining Order
The process of obtaining an Elder or Dependent Adult Abuse Restraining Order in California can be complex, especially when the allegations are contested. However, an experienced Los Angeles restraining order lawyer with Power Trial Lawyers can streamline the process. Below are some of the things that a lawyer will bring to the table:Knowledge of the Laws and Procedures
Attorneys are familiar with the legal system and can provide guidance on how to navigate the complex procedures, requirements, and paperwork associated with obtaining a restraining order. An attorney will also know the standards the court uses to determine whether to grant a restraining order and can prepare your case accordingly.Efficiency
An experienced attorney can expedite the process by ensuring that all paperwork is correctly filled out and filed promptly, reducing the risk of delays due to errors.Effective Advocacy
Should the case go to a hearing, an attorney can represent the victim, present evidence, and make arguments in a manner that best supports the need for the restraining order.Protection of Rights The accused party will likely hire their own attorney to contest the restraining order. Having an attorney ensures that your rights and interests are protected. Emotional Support Dealing with the legal system can be emotionally taxing, especially if you’ve recently been subject to ongoing abuse. An attorney can act as a buffer, dealing with the legal aspects so that you can focus on your well-being. Confidentiality Attorneys are bound by strict confidentiality rules, ensuring that sensitive details of the abuse or the situation are kept private and only disclosed when legally necessary. Ensuring Enforcement
After obtaining a restraining order, there might be issues with enforcement. An attorney can assist in ensuring that local law enforcement understands and enforces the order.
In conclusion, while it is technically possible to file for an Elder or Dependent Adult Abuse Restraining Order without an attorney, given the gravity of the situation and the potential risks involved, it's best to secure an experienced Los Angeles restraining order lawyer to help prepare your request.Learn More About Elder or Dependent Adult Abuse Restraining Order Petitions by Contacting Power Trial Lawyers Today
If you have questions about Elder or Dependent Adult Abuse Restraining Orders in Los Angeles, reach out to the dedicated LA restraining order lawyers at Power Trial Lawyers, to schedule a free consultation. At Power Trial Lawyers, we designed our robust restraining order practice to protect the rights of our clients no matter the extent of the abuse they’ve experienced. We are uniquely dedicated to the well-being of each of our clients and will aggressively advocate for your best interests at every possible opportunity. To learn more about temporary restraining orders and to schedule a no-obligation consultation with Matthew Barhoma or another attorney at Power Trial Lawyers, call (213) 800-7664 or connect with us through our online contact form.