Elder abuse is all too common in the United States, particularly in this state of California. As a result, the California legislature passed specific protections for senior and dependent persons, who are defined as those who are 65 years of age and older as well as those who have certain impairments and are between the ages of 18 and 64.
These restraining orders are meant to protect these defenseless Californians from financial, emotional, and/or bodily exploitation. Restraining orders against elder abuse are civil in nature, but if they are broken, they may result in criminal charges. Keep reading to learn more about these restraining orders and potential consequences for restraining order violations. Then contact Chambers Law Firm at 714-760-4088.
Qualifying for an elder abuse restraining order
Understanding how an elderly person can qualify for an elder abuse restraining order is crucial. According to California law, a person or an elderly loved one may ask a law enforcement officer for an emergency protection order (EPO) if they are in immediate danger. On the other hand, these EPOs are only good for 5 to 7 days. One should file a petition for an elder abuse restraining order if they believe they are at risk of elder abuse or neglect.
A victim of elder abuse of any kind may be granted an elder abuse restraining order. This includes mistreatment such as neglect, seclusion, or abandonment as well as physical or financial abuse, denial of basic necessities such as food and shelter as well as actions that could cause physical or mental suffering.
Filing for a restraining order
The elderly person themselves, or a conservator or agent with the power to act on their behalf, may file a petition for an elder abuse restraining order. The application may be filed, and the court may grant an emergency temporary restraining order (TRO) that day or the next working day. At this time, a hearing to determine whether a permanent restraining order against elder abuse should be imposed will also be arranged. Within the next 21 days, a hearing date must be scheduled.
Domestic violence restraining orders
Depending on who the alleged abuser is, an elderly person may also acquire a domestic violence restraining order. This kind of order can be requested if the alleged abuser is a family member, spouse, current or former romantic partner, or another parent of a child.
The elderly person may also be granted exclusive use of the home by a court through the issuance of a residential exclusion order on the grounds that they have the legal right to do so and would otherwise be in danger of suffering physical or mental harm. Finally, the alleged abuser is required to turn over all firearms and is forbidden from owning or acquiring any firearms while the order is in effect, unless the restraining order is primarily for financial abuse.
Restraining orders are civil not criminal issues
Restraining orders for domestic violence and elder abuse are of a civil nature and won’t be recorded on your criminal history. Nevertheless, a Los Angeles elder abuse attorney can attest to the reality that they might have a big impact on your life. If you violate an elder abuse restraining order, you could be charged with a felony and forced to leave your home and renounce your constitutional rights.
In California, a first offense of violating an elder abuse restraining order is often considered a misdemeanor, carrying a possible sentence of up to a year in jail and/or a fine of up to $1,000. A judge may also mandate restitution, mandatory therapy, and payments to a shelter for domestic abuse.
An elder abuse restraining order may be violated twice or more within a seven-year period, which could result in harsher penalties. This crime is a wobbler. A prosecutor may charge it as either a felony or a misdemeanor depending on the specifics of the case and your criminal history. A misdemeanor will carry the same sentence as a felony.
On the other hand, a felony conviction might result in a 16 to 3-year jail term in California as well as fines up to $10,000. If you knowingly carry a weapon while subject to a restraining order, you could potentially be charged with an additional misdemeanor. Call Chambers Law Firm at 714-760-4088 to schedule a free legal consultation if you have been charged with this crime.
