Dependent Adult Abuse Restraining Order Attorney in Los Angeles, CA Protects Vulnerable Adults and Fights Unfair Restrictions in Los Angeles County, Orange County, Ventura County, and Across Southern California
Under both California’s civil and criminal legal systems, elder abuse is a serious concern. Civil courts issue restraining orders for the purpose of protecting vulnerable adults by imposing restrictions on individuals accused of abuse. For the victims and families seeking protection and the defendants wrongfully facing life-changing restrictions, having an experienced Los Angeles elder abuse restraining order lawyer on your side provides critical support.
As you prepare for the court hearing and the demands of presenting your side of the story to the judge, you’re going to want an experienced legal professional on your side. The Law Offices of Christopher Chaney are at the forefront of restraining order cases in Southern California, and we’re ready to put our extensive experience to work for you. Contact us today for a free consultation, and find out how we can fight for you.
Need a Los Angeles Elder Abuse Restraining Order Lawyer?
You aren't required to have professional legal representation to petition for or respond to a restraining order. In the court hearing, which is a required part of the restraining order process, you may choose to present your case to the judge alone, without the guidance of an attorney.
However, both petitioners and respondents should recognize the importance of this legal proceeding—and the critical advantages they’re giving up when they choose not to retain a Los Angeles elder abuse restraining order lawyer.
For all the challenges involved in your legal matter, you can turn to The Law Offices of Christopher Chaney. A skilled dependent adult abuse restraining order attorney in Los Angeles can 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
- All of Los Angeles County and the surrounding area
From assistance filing or interpreting forms to preparing for court hearings, we have vast experience with cases similar to yours.
How Does California Law Handle Allegations of Elder Abuse?
Under California law (Section 368 of the California Penal Code), 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.” Acts of elder abuse can bring about criminal charges as well as civil legal consequences, one of which is the issuance of a restraining order.
What Is an Elder Abuse Restraining Order?
An elder abuse restraining order is a specific type of protective order issued by a California court that seeks to keep a vulnerable victim safe from harm, harassment, or exploitation by the defendant.
Officially, the state recognizes these orders as elder or dependent adult abuse restraining orders. They can apply to both the elderly and adults of any age who suffer from physical or mental disabilities that can impact their independence and ability to protect themselves from mistreatment.
Like other types of restraining orders, this court order places restrictions on the restrained person for the apparent safety of the alleged victim. A permanent restraining order can be issued by a judge following a formal court hearing. In circumstances in which the petitioner claims that immediate protection is needed, a judge may issue a temporary restraining order that remains in place until the date of the court hearing.
What Constitutes Elder Abuse Under California Law?
California’s penal code identifies several forms of the crime of elder abuse. Types of elder abuse that are recognized as 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 all forms of 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
- Assaulting the victim with a weapon
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 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
A restraining order may also be filed based on claims that the defendant falsely imprisoned the elder. California Penal Code 368 (f) makes it a crime to falsely imprison an elder by force, threat, or deceit.
Get Help Protecting Seniors and Vulnerable Adults With a Restraining Order
Getting a restraining order in place is a multi-step process that requires you to make a convincing case for granting your request before a judge. If you’re not able to give specific examples of abuse or provide clear evidence that the defendant poses a risk, the legal protections you’re seeking could be denied.
This matter is too important to risk mishandling. Retaining an attorney experienced in winning elder abuse restraining order cases in Los Angeles, CA, can help you secure the protections you need.
How Does a Restraining Order Protect Elders and Dependent Adults From Abuse?
The protections provided by an elder or dependant adult abuse restraining order can include:
- Personal conduct restrictions that prohibit abusing, attacking, threatening, harassing, or destroying personal property, or disturbing the peace of the victim
- No-contact orders that restrict the defendant from communicating directly or indirectly with the victim by any means and for any reason
- Stay-away orders that require the defendant to maintain a specified distance from the protected person and potentially their home, vehicle, workplace, or other locations
- Move-out orders that require the defendant to leave a shared residence
- Gun surrender orders not only restrict the defendant from buying firearms but also require them to store, sell, or surrender any guns currently in their possession
- Mandatory attendance in counseling or anger management courses
- Orders to give the victim sole possession of any animals for the purpose of protecting the victim’s pets from harm
- Orders to pay debts caused by financial abuse and/or lawyer’s fees and court costs
The protections imposed by an elder abuse restraining order ensure that a defendant can face criminal consequences for violating any conditions of the court order. While actions like stalking, assault, and battery would be considered crimes even without a restraining order in place, no-contact and stay-away orders ensure the defendant can face criminal charges for just attempting to contact or approach the victim.
Who Can File an Elder Abuse Restraining Order in Los Angeles?
To qualify for an elder or dependent adult restraining order, you must meet one of the following conditions:
- Age 65 or older
- Age 18 to 64 with a physical or mental disability that makes you vulnerable to abuse or exploitation
A restraining order can only be granted in response to acts of abuse, including physical violence, financial exploitation, and caretaker neglect. You don’t have to suffer bodily injuries as a result of the abuse, deprivation, or mistreatment to be able to file an elder abuse restraining order. However, you do need to be able to describe the acts the defendant perpetrated against you in your petition for a restraining order.
In situations in which the elder or dependent adult is not able to petition a restraining order for themselves due to cognitive impairments, frail health, or other medical issues, a family member with power of attorney may be able to take this action on behalf of the victim.
If you’re not sure how to move forward with securing legal protections for an elderly or dependent adult family member, a Los Angeles elder abuse restraining order lawyer can help you understand your rights and determine the next steps.
What Happens When I Ask for an Elder Abuse Restraining Order?
The process of filing a restraining order begins with filing the appropriate forms in the appropriate court. These forms may include:
- Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-100)
- Confidential CLETS Information (form CLETS-001)
- Notice of Court Hearing (form EA-109)
- Temporary Restraining Order (form EA-110)
Once a judge reviews your petition, they will provide you with a court date and papers that must be served to the defendant, potentially including a temporary restraining order. The restrictions imposed by a temporary restraining order last until a court hearing is held, typically a matter of weeks.
The defendant must be notified of the restraining order petition against them, any restrictions they must comply with at this time, and the date of the hearing at which they can present their case against granting a permanent restraining order. You should have someone not involved in your case, such as a sheriff, marshal, or professional process server, serve the defendant papers as soon as possible.
At the court hearing, you must convince the judge not only that the defendant’s conduct toward you has constituted abuse but also that the restrictions imposed by a restraining order are necessary to protect you from future harm. To prepare for this hearing, you should:
- Gather evidence of past abuse
- Bring in any witnesses who can testify to the mistreatment
- Describe the specific harm you fear the defendant will inflict on you if you are not granted legal protections
The assistance of a dependent adult abuse restraining order attorney in Los Angeles, CA, can help you successfully make a case for granting a restraining order.
Fighting Elder Abuse Restraining Orders in Southern California
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.
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.
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 you may be facing.
How an Elder Abuse Restraining Order Impacts a Defendant
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 a specified distance away from the elder and potentially their home, vehicle, workplace, or other locations they visit regularly, which may require you to change your routine
- Moving out of a home you share with the protected elder, requiring you to find a new place to live
- Undergoing mandatory clinical counseling or anger management courses provided by a licensed professional, which may cost you money as well as time
- 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.
What Needs to Be Proven for an Elder Abuse Restraining Order to Be Filed Against You in California?
The burden of proof in elder abuse restraining order hearings in California is on the person seeking the restraining order. Generally, the person seeking the protective order must provide evidence of the abuse that they allege.
Even though it isn’t up to you to prove your innocence, it is important to highlight any discrepancies, inaccuracies, or weaknesses in the other side’s argument for filing a restraining order against you. An attorney with experience fighting restraining orders for elder abuse, as well as criminal charges, can help you gather relevant evidence and use it to build a strong case in your favor.
How Can a Los Angeles Elder Abuse Lawyer Help Me When I’ve Been Served Notice of a Restraining Order Petitioned Against 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.
A Dependent Adult Abuse Restraining Order Attorney in Los Angeles, CA, Can Build a Strong Case Under Tight Timelines
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.
Usually, a court hearing is held within 21 days or, at most, 25 days from when a judge reviews the Request for Elder or Dependent Adult Abuse Restraining Orders form and related paperwork. 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, the defendant must comply with all of its terms right away, and they have no chance to appeal this short-term court order.
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 will take effect right away. As this court date approaches, both sides should focus on retaining the right attorney for a Los Angeles County elder abuse restraining order case, gathering the evidence that supports their story, and preparing their argument.
How The Law Offices of Christopher Chaney Can Help
At The Law Offices of Christopher Chaney, we use our knowledge of the full restraining order process to assist both petitioners seeking protections and respondents fighting unreasonable restrictions.
We’re committed to protecting vulnerable adults by streamlining the process of filing restraining order paperwork and preparing victims’ cases for successful court hearings. We also recognize that false accusations and unfair restrictions can have life-altering implications for defendants, which is why we stand up to unreasonable restraining order requests.
Why Choose The Law Offices of Christopher Chaney as Your Los Angeles Elder Abuse Restraining Order Lawyer?
When the stakes are high, you need a Los Angeles elder abuse restraining order lawyer who’s committed to fighting for your best interests. The team at The Law Offices of Christopher Chaney is known for our experience handling restraining order issues successfully, our compassionate approach to managing sensitive cases, and our efforts to make legal help accessible through free consultations.
A Reputation Among the Top Restraining Order Law Firms in the Region
It’s not just the sheer volume of restraining order cases we’ve handled for clients that have earned us a reputation at the top of this area of legal practice—it’s also our overwhelmingly positive success rate in getting these clients the most favorable outcomes possible.
Whether you’re petitioning for or defending against a court order, trust our in-depth knowledge of the legal process to benefit your case.
Compassionate, Client-Centered Legal Service
Cases that involve elder abuse allegations of any kind are sensitive, emotionally charged matters. For abuse victims and their families, it can be difficult to come forward and recount what occurred or, through an investigation, discover the extent of mistreatment. For respondents wrongfully accused of abusing vulnerable seniors, it may seem impossible to overcome the stigma of this offense.
As a restraining order and criminal defense firm, we recognize the need to treat our clients with empathy and professionalism. What you’re going through is difficult, but with compassionate guidance and skilled advocacy, we’re committed to helping you move forward.
Free Consultations and 24/7 Availability
It can feel like there are so many obstacles holding you back from getting the legal help you need. At The Law Offices of Christopher Chaney, we’re committed to removing these obstacles so you can get trusted guidance to navigate the restraining order process. We provide free, confidential consultations that allow you to get your questions answered and the full facts of your situation evaluated.
We know that matters like elder abuse and the threat of wrongful restrictions can’t wait, and we’re ready to provide the urgent assistance you need with 24/7 responsive service.
Contact a Los Angeles Elder Abuse Restraining Order Lawyer at The Law Offices of Christopher Chaney Today for a Free Case Review
The outcome of your restraining order case matters, and so does having skilled legal representation to help you achieve the resolution that’s most beneficial to you. Our experienced team removes the barriers to getting professional help by providing free, confidential consultations. We offer legal services for English-, Spanish-, and Russian-speaking clients throughout Southern California.
For help from an attorney for dependent adult abuse restraining order in Los Angeles, CA, contact The Law Offices of Christopher Chaney online or call 818-330-5198 today.
