In the United States, elder abuse is all too frequent, especially right here in California. As a result, the California legislature has legislated particular safeguards for elder and dependent persons, who are classified as those aged 65 and older, as well as those aged 18 to 64 who have specified impairments.
These restraining orders are intended to safeguard these vulnerable Californians from physical, mental, and financial abuse and/or neglect. While elder abuse restraining orders are civil, they can lead to criminal prosecution if they are violated.
It’s critical to comprehend how an elderly person can be eligible for an elder abuse restraining order. If the individual or an aging loved one is in immediate danger, California law allows them to request an emergency protection order (EPO) from a law enforcement official. These EPOs, on the other hand, are only valid for 5 to 7 days. Anyone who is in risk of elder abuse or neglect should file a petition for an elder abuse restraining order.
An elder abuse restraining order may be given to a victim of any sort of elder abuse. This includes neglect, isolation, or abandonment; physical or financial abuse; denial or deprivation of goods and services necessary to satisfy basic needs and avoid bodily, mental, or emotional suffering or harm; and/or conduct likely to inflict physical pain or mental anguish.
A petition for an elder abuse restraining order can be filed by the elderly person themselves, or by a conservator or agent with the authority to act on their behalf. The court might issue an emergency temporary restraining order (TRO) the same day or the following working day after the application is filed. A hearing to assess whether a permanent elder abuse restraining order should be issued will also be scheduled at this time. This hearing must be set up within the next 21 days.
An older person may also obtain a domestic violence restraining order, depending on who the accused abuser is. If the claimed abuser is a family member, spouse, current or past romantic partner, or other parent of a child, this sort of order can be sought.
A court may also issue a residential exclusion order, granting the elderly person exclusive use of the dwelling on the grounds that he or she has the legal right to do so and would fear mental or bodily damage if the order were not issued. Finally, unless the restraining order is solely for financial abuse, the accused abuser must surrender all guns and is prohibited from possessing or purchasing any firearms while the order is in place.
Domestic violence and elder abuse restraining orders are civil in nature and will not appear on your criminal record. Nonetheless, an elder abuse lawyer in Los Angeles, California can attest to the fact that they may have a significant influence on your life. An elder abuse restraining order can force you to leave your home and give up your constitutional rights, and any breach of the order can result in you being prosecuted with a felony.
A first-time breach of an elder abuse restraining order in California is usually treated as a misdemeanor, punishable by up to a year in prison and up to $1,000 in fines. Restitution, obligatory therapy, and contributions to a domestic abuse shelter may also be ordered by a judge.
Within a seven-year period, a second or greater violation of an elder abuse restraining order might result in more significant sanctions. This is a wobbler crime. Depending on the details of the case and your criminal background, a prosecutor may charge it as a felony or a misdemeanor. A misdemeanor will be punished in the same way as a felony.
A felony charge, on the other hand, may result in a sentence of 16 to 3 years in California state prison and penalties of up to $10,000. You might also face an extra misdemeanor penalty if you knowingly possess a handgun while under a restraining order. If you have been accused of this crime, contact Chambers Law Firm at 714-760-4088 to request a free legal consultation.
