The alarming frequency of elder abuse in the United States, especially in California, cannot be overlooked. Recognizing this, California’s legislative bodies have introduced specific protective measures for senior citizens and dependent adults. Defined as those aged 65 and older, and individuals between 18 and 64 with particular disabilities, these protective measures ensure safeguarding against various forms of abuse and neglect.
Although elder abuse restraining orders are civil in nature, any breach can lead to criminal repercussions. If you have been accused of violating a restraining order, contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
Criteria for Obtaining an Elder Abuse Restraining Order
To comprehend the criteria for obtaining such a restraining order, one must first understand the conditions under which an elder can qualify. In California, an emergency protective order (EPO) can be sought from law enforcement when an elder or their loved one faces imminent danger. Still, the validity of these EPOs is limited, often expiring within a week. Hence, those under threat should always consider applying for an elder abuse restraining order.
A professional elder abuse attorney from Chambers Law Firm, California, highlighted that the scope of elder abuse extends beyond physical harm. A restraining order might be warranted in cases of:
- Abandonment, isolation, or neglect.
- Physical or financial exploitation.
- Withholding essential goods and services, resulting in potential physical, emotional, or mental distress.
- Actions causing either physical pain or mental anguish.
These restraining orders can be pursued either by the elderly victim themselves or a designated representative. The legal system facilitates quick action in such matters, often granting a temporary restraining order (TRO) immediately or by the subsequent business day. The court then sets a hearing, typically within three weeks, to deliberate on the necessity of a permanent order.
Alternatives and Additional Measures
Sometimes, the situation might require an elderly individual to apply for a domestic violence restraining order, especially if the supposed abuser is closely related, a current or former partner, or shares parental responsibilities with the victim. Such cases might also warrant a residential exclusion order, ensuring the victim’s safety within their residence.
Moreover, it is mandatory for the alleged abuser to surrender all firearms unless the restraining order pertains solely to financial abuse. Possession or procurement of firearms while the order is in effect is strictly prohibited.
While both elder abuse and domestic violence restraining orders are civil matters, they can significantly impact one’s life. Violations can not only force the abuser to vacate their residence and compromise their rights but also lead to criminal charges.
Consequences of Violating the Restraining Order
A first-time breach of an elder abuse restraining order usually results in a misdemeanor charge in California, with possible penalties like a year-long jail term and fines up to $1,000. Subsequent violations within a seven-year span can escalate the consequences.
Known as a “wobbler” offense in legal parlance, such violations can be charged either as a felony or misdemeanor, depending on the specific circumstances and prior criminal history. Felony charges can lead to imprisonment ranging from 16 months to 3 years and hefty fines. Furthermore, possessing firearms in violation of a restraining order can result in an additional charge.
Seek Expert Legal Assistance
Should you ever face elder abuse charges, it’s crucial to secure expert legal representation. Connect with Chambers Law Firm at 714-760-4088 or via email for a complimentary consultation with a seasoned elder abuse attorney from Chambers Law Firm, California.
