Elder and Dependent Adult Abuse Restraining Orders
Elder and dependent adults are a vulnerable segment of the population, which is why certain laws have been created to protect them from abuse. If you are an elder or dependent adult who is being abused, or if you know someone who is suffering from abuse, you should contact a skilled San Diego restraining order lawyer who can vigorously assert your rights and help you take the appropriate legal steps. With nearly 30 years of experience, Roseline D. Feral can help you if you are seeking an elder or dependent adult abuse restraining order.Eligibility for Elder and Dependent Adult Abuse Restraining Orders
While there is no national reporting system for tracking elder abuse, the National Center on Elder Abuse approximates that between one and two million people over the age of 65 suffer from some form of abuse, including exploitation, injury, or other types of mistreatment by a caretaker. Unfortunately, the people whom we expect to care for the elderly are often those who perpetrate the abuse. For example, family members, hired caregivers, and nursing home employees are often charged with having exploited elderly individuals.
An elder or dependent adult may ask for a restraining order if they are 65 years old or older, or if they are between the ages of 18 and 64 and have certain mental or physical disabilities that prevent them from being able to carry out normal activities or protect themselves. Moreover, they must have suffered from one of the following behaviors:
- Physical or financial abuse;
- Neglect or abandonment;
- Treatment that has physically or mentally hurt them; or
- Deprivation by a caregiver of basic things or services that they need so that they will not suffer physically, mentally, or emotionally.
In many cases, you may qualify for an elder or dependent adult abuse restraining order as well as a domestic violence restraining order. A domestic violence restraining order is appropriate when a person such as a spouse, a child, or a grandchild is perpetrating the abuse. A skilled restraining order lawyer can thoroughly examine the facts of your case and determine whether you may qualify for both types of restraining orders.
A request for a restraining order may be brought by the elderly person or dependent adult, as well as a conservator, agent, or power of attorney with authority to act on behalf of the elder abuse victim. The court may grant an ex parte (emergency) Temporary Restraining Order (TRO) on the same day that the request is made or no later than the next court day. Generally, the court will also schedule a hearing on whether to grant a permanent restraining order within 21 days of the TRO being issued. At this hearing, the person seeking the restraining order has a chance to establish evidence of the elder or dependent adult abuse.
Once a restraining order is issued, the restrained person may be required to refrain from going to certain places or doing certain things. They may need to move out of their home, and they may be prohibited from owning a gun. There may be other conditions that apply based on the circumstances of the specific case.Contact a San Diego Lawyer Regarding an Incident of Elder or Dependent Adult Abuse
Unfortunately, elder abuse is more common than you may think in California. If you know of an elder or dependent adult being abused, a restraining order may be a powerful tool in preventing further harm. A skilled San Diego attorney can help you take action as needed so that the abuser no longer plays a role in your life. We also represent people in cities such as Chula Vista, Coronado, Del Mar, Carlsbad, Encinitas, La Jolla, Oceanside, Escondido, Ramona, Rancho Santa Fe, San Marcos, Valley Center, and Vista. For more information about your legal options, contact us online, call our office at 619-232-1010, or reach Attorney Feral directly at 619-301-1191. We also can assist people who need a domestic violence lawyer to seek a domestic violence restraining order.