Elder Abuse Temporary Restraining Orders

What is Elder Abuse?

Elder abuse is defined by the Welfare and Institutions Code as physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

What are some examples of Elder Abuse?

Elder abuse can be in many forms. Some common examples include:

  • Signing a power of attorney to a caregiver so that he or she can handle your affairs, but instead she or he help themselves to your money or sell your home.
  • Withholding food, water, medications and/ or necessary medical care.
  • Being neglected and deprived of food and/ or water, while your adult children empty your bank accounts.
  • Physical abuse of any kind by anyone.

What is the difference between domestic violence and elder abuse?

Yes, domestic violence and elder abuse are different and different laws apply to each. Domestic violence involves abuse toward a current or former spouse or domestic partner, cohabitant, any person the abuser had a "dating or engagement relationship with", has a child with, or is related by blood or marriage. However, if the person being abused is 65 years or older, the matter may proceed as an elder abuse case.

What can I do to protect myself from being abused?

In an emergency situation, call 9-1-1 and request that an Emergency Protective Order (EPO) be issued when the police arrive. To extend the duration of this order, our office can help you prepare and file the appropriate documents with the Court.

Can I file a Request for an Elder Abuse Restraining Order if I am not the one being abused?

A petition may be brought on behalf of an abused elder or dependent adult by a conservator or a trustee of the elder or dependent adult, an attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney, a person appointed as guardian ad litem for the elder or dependent adult, or other person legally authorized to seek such relief.

What can I do to defend myself against an allegation of elderly abuse?

Being accused of elder abuse is a serious criminal charge which must be proven beyond a reasonable doubt. However, if you are found guilty, a temporary, or permanent, restraining order will be granted. The restraining order will be provided to local law enforcement agencies which will input into the California Law Enforcement Telecommunications System (CLETS). Being named in an elder abuse restraining order has serious ramifications, such as adversely affecting your ability to gain employment, maintain employment, pass background checks or security clearances.

If you are served with an Elder Abuse Request for Temporary Restraining Order, you are encouraged to contact our office and speak directly to an attorney as soon as possible to avoid any adverse decisions being made against you.