Elder abuse is a growing concern across the United States, and California has implemented strict laws to protect elderly and dependent adults from mistreatment. As part of these protections, restraining orders can be issued to prevent further abuse.
Violating such an order can lead to severe criminal penalties, making it essential to seek the guidance of an Irvine elder abuse lawyer if you’re facing these charges. Contact Chambers Law Firm at 714-760-4088 for a free legal consultation.
How Are Elder Abuse Restraining Orders Issued?
In California, an elder abuse restraining order is designed to protect individuals aged 65 or older, as well as dependent adults aged 18-64 with certain disabilities, from physical, emotional, financial, or sexual abuse. These orders can be issued in several ways, but one of the most immediate options is an Emergency Protective Order (EPO). Law enforcement officers can request an EPO if they believe an elderly person is in immediate danger. However, EPOs are temporary, typically expiring within five to seven days.
To extend protection, a victim or their legal representative must file a petition for an elder abuse restraining order. These orders can be issued for various forms of abuse, including financial exploitation, physical harm, neglect, or emotional abuse. An Irvine elder abuse lawyer from Chambers Law Firm can assist in defending against these charges or restraining order violations.
Who Can Request an Elder Abuse Restraining Order?
Not only can the victims of elder abuse file for a restraining order, but other individuals with the legal authority to act on their behalf, such as conservators, can also petition the court. Once the paperwork is filed, the court may issue a temporary restraining order (TRO), usually on the same day or the next business day. This temporary order remains in effect until a full hearing, which must be scheduled within 21 days.
During the hearing, the court will determine whether to issue a permanent restraining order. Violating these restraining orders—whether temporary or permanent—can have serious consequences, both legally and personally. Working with an experienced Irvine elder abuse lawyer from Chambers Law Firm is crucial to avoid escalating the situation.
Domestic Violence Restraining Orders and Elder Abuse
In some cases, an elder may also qualify for a domestic violence restraining order, depending on the relationship with the alleged abuser. If the alleged abuser is a family member, spouse, or former romantic partner, a domestic violence restraining order may be appropriate. These orders may also result in the exclusion of the abuser from the victim’s home, ensuring the elder has safe access to their residence.
In addition, the court may require the surrender of any firearms in the alleged abuser’s possession and prohibit the acquisition of new firearms while the restraining order is in effect. Even if the abuse is primarily financial, the accused individual’s rights can be significantly impacted. An Irvine elder abuse lawyer can help protect your rights during these proceedings.
Violating an Elder Abuse Restraining Order: Criminal Consequences
Although elder abuse restraining orders are civil matters, violating one can lead to criminal charges. A first-time violation of an elder abuse restraining order is usually classified as a misdemeanor in California. This offense carries penalties of up to one year in jail and fines of up to $1,000. Additional penalties may include court-ordered counseling, restitution to a victim’s shelter, and other court-imposed obligations.
If you are accused of a second or more severe violation within a seven-year period, the consequences become more severe. In such cases, a prosecutor may charge you with a wobbler offense, which can be treated as either a misdemeanor or a felony, depending on the facts of the case and your criminal history.
- Misdemeanor Penalties: Similar to a first offense, but with the possibility of higher fines or jail time.
- Felony Penalties: Fines up to $10,000 and a potential prison sentence of 16 months to 3 years.
If you are found to possess a firearm while under a restraining order, this can result in additional misdemeanor penalties. Given the potential consequences, consulting with an Irvine elder abuse lawyer is critical if you’ve been accused of violating an elder abuse restraining order.
How an Irvine Elder Abuse Lawy er Can Help You
If you’ve been accused of violating an elder abuse restraining order, an experienced Irvine elder abuse lawyer from Chambers Law Firm can offer you the legal defense you need. Our team will review the circumstances surrounding the alleged violation, challenge any evidence presented against you, and advocate for the best possible outcome in your case.
If you’re facing charges related to elder abuse or a restraining order violation, contact Chambers Law Firm today at 714-760-4088 for a free consultation. Let us help protect your rights and defend your future.