Whether you’re aging in place or living in an assisted living nursing home, there are a few steps you can take to protect yourself before you go to court. Abuse can happen to anyone, and anyone can be an abuser. In fact, 60% of elder abuse perpetrators are family members to the abused. So if you or a loved one is in an abusive situation, one of the first protective steps you can take is a restraining order. California law permits restraining orders as a preventative for elder abuse—physical, verbal, financial, or otherwise.
What Does California Law Say?
California law allows restraining orders as a form of protection from abusers. This applies to anyone, including elders who are being financially, physically, or emotionally abused by loved ones or other caregivers.
There are several types of restraining orders, so it is a good idea to consult a lawyer to help you. Your restraining order options include Domestic Violence, Civil Harassment, Elder Abuse, and Gun Violence.
According to California Courts’ Self-Help Guides, the restraining order can demand the abuser abide by the following rules:
- No contact
- Stay a certain distance away
- Move out, if they live with the protected person
- Get counseling or take anger management classes
- Cannot own or have firearms or ammunition
Restraining Orders
In order to apply for and receive an elder abuse restraining order, the person seeking the restraining order must be 65-years-old or older. A dependent adult’s conservator, trustee, guardian ad litem, or attorney can apply for a restraining order on behalf of the abused. There are a few court forms to fill out, and you will be required to have a lawyer with you.
Restraining orders are a great way to protect yourself or a loved one against abusers when you have no other options, or to protect yourself during the process of pressing charges. Additionally, they are a way for loved ones to add a layer of protection for their abused family members or friends.
If you or a loved one needs help obtaining a restraining order, or if you or a loved one have been the victim of abuse, call Gharibian Law (877-460-1187) today for a FREE consultation and the best legal representation.
