Experienced Elder Abuse Restraining Order Attorney in Los Angeles, CA, Represents Clients in Court Hearings to Fight Unreasonable Protective Orders
Are you facing a court hearing for an elder abuse restraining order in California? This can be a scary and stressful experience. Even if you believe the restraining order petitioned against you is unreasonable, you may not know how to proceed or what options you have to fight this restraining order. A Los Angeles elder abuse lawyer at The Law Offices of Christopher Chaney can help you move forward.
You want an experienced legal professional on your side as you prepare for the court hearing and present your side of the story to the judge. Contact us today to get started with a free, confidential consultation.
Need a Los Angeles Elder Abuse Lawyer?
You can turn to The Law Offices of Christopher Chaney for a skilled elder abuse restraining order attorney in Los Angeles, CA, who is ready to assist you with your court hearing.
We have vast experience with cases similar to yours. We assist clients facing the implications of elder abuse accusations in both civil and criminal law in Hollywood, Westside, Downtown L.A., Santa Monica, Pasadena, Beach Cities/LAX, and the rest of Los Angeles County.
We know how tricky elder abuse cases can be and how having a permanent restraining order filed against you can make it harder to put up a credible defense against any criminal charges that arise. Because we know what to anticipate in such situations, we are uniquely positioned to help you fight a restraining order petition and prepare for any further legal matters that may arise.
By looking at the incident from your perspective, building a suitable strategy for presenting your argument in court, and advocating to ensure you are treated fairly throughout the legal process, we offer you a path forward and a chance for a more favorable outcome to the restraining order hearing.
Elder Abuse Restraining Order Cases in Los Angeles, CA
Under California law (California Penal Code 368(g) PC), elders—that is, people 65 years old and older, per CA Welfare & Institutions Code § 15610.27—deserve special protection due to their restricted “ability to carry out normal activities or to protect their rights.”
What Is Elder Abuse Under California Law?
California’s penal code identifies several forms of the crime of elder abuse.
You don’t have to be criminally charged with abuse, assault, theft, fraud, or other violations for an elder (or their conservator, trustee, attorney, or representative of an adult protective services agency) to request a restraining order against you. However, it’s not uncommon for allegations of elder abuse to also lead to criminal charges.
As soon as you become aware of these accusations or of a restraining order potentially being filed against you, it’s wise to consult an experienced Los Angeles elder abuse lawyer.
Types of elder abuse that are recognized as criminal violations, and potential grounds to seek a restraining order, include the following.
Physical and Mental Elder Abuse
Physical and mental abuse are two of California’s most common forms of elder abuse. Under California Penal Code 368(b), physical and mental elder abuse encompasses willfully allowing the suffering of an elder or inflicting mental suffering and physical harm on them.
If you’re facing a restraining order arising out of allegations of physical elder abuse, you’re being accused of acts that include the use of physical force. Examples of the behaviors that can constitute physical abuse in California are hitting, kicking, beating, unreasonable physical restraint, and assaulting with a weapon.
Meanwhile, mental abuse could involve ridiculing an elder, threatening them, or belittling them.
Financial Elder Abuse
California laws recognize the unique risk factors making elders vulnerable to abuse, including abuse in the form of financial abuse or exploitation.
CA Welfare & Institutions Code Section 15610.30 defines financial elder abuse as when a person or entity does any of the following either for a wrongful use or with the intent to defraud the victim:
- Taking the elder’s property
- Secreting, concealing, or hiding the elder’s property
- Appropriating the elder’s property
- Obtaining the elder’s property
- Retaining the elder’s property
- Assisting someone else in doing any of the above
- Using undue influence to take, conceal, or appropriate the elder’s property
False Imprisonment
You might also have a restraining order filed against you if the elder claims you have falsely imprisoned them. California Penal Code 368 (f) makes it a crime to falsely imprison an elder, whether by force, threat, or deceit.
What Is an Elder Abuse Restraining Order?
An elder abuse restraining order is a type of protective order issued by a court that seeks to keep the elderly victim safe from harm, harassment, or exploitation by the defendant.
Like other types of restraining orders, this court order places restrictions on the restrained person for the apparent safety of the alleged victim. This means that if an elder abuse restraining order is filed against you, you may be required to obey orders such as the following:
- Having no contact of any kind with the protected elder or any other protected persons covered by the restraining order
- Staying away (a specified distance) from the elder and potentially their home, vehicle, workplace, or other locations they visit regularly
- Moving out of a home you share with the protected elder
- Undergoing mandatory clinical counseling or anger management courses provided by a licensed professional
- Being prohibited from owning or possessing firearms and, if you currently own any guns or ammunition, being required to surrender, store, or sell them for the duration of the restraining order
California judges grant restraining orders in instances where the elderly have allegedly been physically abused, emotionally abused, financially abused, or neglected. Although a specific relationship between the alleged victim and the alleged abuser does not have to exist, elder abuse restraining orders are often filed against caregivers, including paid caregivers, family members, and friends.
False Accusations and Unreasonable Restraining Orders in Los Angeles
Despite the good intentions of protecting vulnerable senior citizens from harm, not all requests for elder abuse restraining orders are necessary or reasonable.
Some accusations of elder abuse charges arise out of misunderstood situations or outright false accusations. Perhaps a confused senior citizen misconstrued the situation, or another party who witnessed only part of the occurrence misinterpreted circumstances as elder abuse and wrongly pressured the alleged victim into requesting a restraining order.
If you believe the petition for an elder abuse restraining order against you is unreasonable, you have options. You can respond to the request for a restraining order in writing by filing an optional Response to Request for Elder or Dependent Adult Abuse Restraining Orders form. You can (and should) present your side of the story to the judge at a scheduled court hearing.
One of the smartest moves you can make when facing an elder abuse restraining order is retaining a knowledgeable criminal defense attorney, even if you have not been charged with a criminal violation. When requests for elder abuse restraining orders arise out of misunderstood situations, intentional false allegations, or a skewed investigation process, the skilled elder abuse attorneys at The Law Offices of Christopher Chaney can fight for you to ensure that these errors are brought to light.
How Can a Los Angeles Elder Abuse Lawyer Help Me?
Clearing up misunderstandings that have serious legal ramifications requires evidence and knowledge of the legal system. Supplying missing information about an event or questioning reported details that are inaccurate or don’t make sense can better explain circumstances that have been wrongly characterized as elder abuse.
It will take the skills of an experienced elder abuse restraining order attorney in Los Angeles, CA, to make this argument and back it up with compelling evidence in a formal court hearing.
One of the tasks your elder abuse lawyer undertakes is to put together critical evidence for your argument against being bound by a restraining order. This work may involve interviewing key witnesses and getting medical experts to testify, all within the short timeframe of preparation for a court hearing.
In representing clients in elder abuse restraining order hearings, we try to unearth every little detail that could help your case and potentially result in the judge denying the request for a restraining order against you.
Timelines for Elder Abuse Restraining Orders in California
Legal matters can sometimes move slowly through the system, but in restraining order cases, you typically have only a few weeks’ notice (or less) that you must be prepared to argue your case in court.
Time is of the essence in a California elder abuse restraining order case, so you need to retain a Los Angeles elder abuse lawyer sooner rather than later.
To get an elderly abuse restraining order in Los Angeles County, the person seeking the order (the elder themselves or a person authorized to seek such protection on their behalf) must file paperwork such as the Request for Elder or Dependent Adult Abuse Restraining Orders form in county court. Once a judge reviews the form, they will schedule a court hearing at which both sides can present their arguments for or against the restraining order to the judge.
As the defendant, also known as the restrained person, you will likely only learn about the request for a restraining order when you are formally served papers, including a court hearing date. Usually, the court hearing is held within 21 days or, at most, 25 days. This is the amount of time you have to prepare your case to fight a request for a permanent restraining order.
In some cases, a judge may grant a temporary restraining order that lasts until the date of the court hearing. If the temporary restraining order has been granted, you must comply with all of its terms right away, and you have no chance to appeal this short-term court order. Focus instead on retaining the right attorney for a Los Angeles County elder abuse restraining order case, gathering the evidence that supports your story, and preparing your argument.
During the hearing, the judge will decide, based on the evidence presented by both sides, whether to grant a permanent restraining order for elder abuse. If granted, the restraining order against you will take effect right away. An elder abuse restraining order in Los Angeles can last for up to five years.
Extending an elder abuse restraining order is possible as long as the Request to Renew Restraining Order form and related forms are completed before the current restraining order expires. That means the restraining order could continue to affect your life even after five years.
Contact a Los Angeles Elder Abuse Lawyer at The Law Offices of Christopher Chaney Today for a Free Consultation
Because The Law Offices of Christopher Chaney handle all forms of criminal legal matters in California, we’re equipped with the skills to put together a compelling case on your behalf when facing a potential restraining order against you.
The legal system is scary, but you do not have to face it alone. Put your case in our hands, and you’ll see the difference that our excellent legal services, transparent communication, and constant support make.
Our experienced team provides legal services for English-, Spanish-, and Russian-speaking clients throughout Southern California and offers free, confidential consultations.
For help from an elder abuse attorney in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call (310) 209-3999 today.
