Violation of this type of restraining order is a misdemeanor offense.
Elder abuse is far too common in the United States, including right here in California. For that reason, the California legislature has enacted certain protections specifically for elder and dependent adults, defined as people aged 65 and older and those who are between 18 and 64 who suffer from certain disabilities. These types of restraining orders are meant to protect these vulnerable Californias from physical, emotional and financial abuse and/or neglect. While elder abuse restraining orders are civil, a violation of one of these orders can result in criminal charges.
It’s important to understand how an elder adult might qualify for an elder abuse restraining order. Under California law, if an individual can seek an emergency protective order (EPO) from a law enforcement officer if either the individual or an elderly love one face immediate danger. However, these EPOs expire within 5 to 7 days. It is generally advised that anyone who is in danger of elder abuse or neglect petition for an elder abuse restraining order.
According to an elder abuse attorney Los Angeles, California, an elder abuse restraining order may be granted to a victim of any type of elder abuse, including
- Neglect, isolation or abandonment;
- Physical or financial abuse;
- Denial or deprivation of goods and services needed to meet basic needs and
- prevent physical, mental or emotional suffering or injury; and/or
- Conduct that will cause physical pain or mental suffering.
A petition for an elder abuse restraining order can be brought by the elderly individual himself or herself, or by a conservator or agent with the power to act on behalf of an elder abuse victim. The court can grant an emergency temporary restraining order (TRO) on the same day that the paperwork is submitted, or on the next business day. At this time, the court will also schedule a hearing to determine if a permanent elder abuse restraining order should be granted. This hearing must be scheduled within 21 days.
Depending on who the alleged abuser is, an elderly individual may also seek a domestic violence restraining order. This type of order can be obtained if the alleged abuser is an immediate family member, spouse, current or former romantic partner, or other parent of a child. A court may also order a residential exclusion, allowing the elderly individual exclusive use of the residence on the basis that he or she has the legal right to occupy the home and faces the risk of emotional or physical harm without such an order. Finally, unless the restraining order involves purely financial abuse, the alleged abuser must relinquish all firearms and may not possess or purchase any firearms while the order is in effect.
Both elder abuse and domestic violence restraining orders are civil; they will not appear on your criminal record. Nevertheless, an elder abuse attorney Los Angeles, California can tell you that they can have a serious impact on your life. In addition to potentially forcing you to leave your home and give up your constitutional rights, having an elder abuse restraining order means that you could be charged with a crime for any violation of the order.
A first-time violation of an elder abuse restraining is generally changed as a California misdemeanor, with penalties including up to 1 year in jail and up to $1,000 in fines. A judge may also order restitution, mandatory counseling and payments to a domestic violence shelter. A second or greater violation of an elder abuse restraining order within a 7 year period could lead to more serious consequences. As an elder abuse attorney Los Angeles, California can explain, this is a wobbler offense. A prosecutor can charge it as a felony or misdemeanor, depending on the facts of the case and your criminal history. A misdemeanor will have the same punishment as described above. However, a felony charge could leave to between 16 months and 3 years in California state prison and up to $10,000 in fines. In addition, if you knowingly possess a firearm when you have a restraining order, you could be subject to an additional misdemeanor charge.
If you have been charged with elder abuse, you will need a skilled attorney to represent you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to set up a free initial consultation with an elder abuse attorney Los Angeles, California.
