As an elder protection attorney in San Diego, I frequently encounter situations where seniors feel threatened or unsafe. One common question that arises is whether an elderly individual can file a restraining order against someone who poses a risk to their well-being.
What is a Restraining Order and How Does it Work?
A restraining order, also known as a protective order, is a legal document issued by a court that prohibits a person from engaging in certain behaviors towards another individual. These behaviors typically include harassment, stalking, threats of violence, or physical abuse.
Who Can File for a Restraining Order?
In California, any person who feels threatened or harassed can file for a restraining order, regardless of their age. This means that seniors who experience elder abuse or feel unsafe due to the actions of another individual are eligible to seek protection through a restraining order.
What Types of Restraining Orders Are Available in San Diego?
There are different types of restraining orders available in San Diego, depending on the specific circumstances. For example, a domestic violence restraining order is typically issued when there is a relationship between the parties involved, such as a spouse, partner, or family member. An elder abuse restraining order can be sought when an elderly person experiences abuse from a caregiver, family member, or other individual.
How Do I File for a Restraining Order in San Diego?
To file for a restraining order, you need to go to the courthouse and complete the necessary paperwork. This typically involves providing detailed information about the alleged abuse or threats, including dates, times, and specific incidents. You may also need to provide evidence to support your claims, such as photographs, emails, or witness statements.
What Happens After I File for a Restraining Order?
Once you file for a restraining order, the court will schedule a hearing where both parties can present their case. If the judge finds that there is sufficient evidence to support your claims, they will issue a temporary restraining order. This order will remain in effect until a permanent hearing can be held.
Can a Restraining Order Protect Me from Financial Abuse?
Yes, a restraining order can also protect seniors from financial abuse. For example, the court can order the abuser to stop accessing the elder’s bank accounts or using their credit cards without permission.
I remember one case where an elderly woman was being financially exploited by her own son. He had gained access to her bank accounts and was systematically withdrawing funds for his own use. The woman was hesitant to take legal action against her son but, after explaining the situation and her options, she agreed to file for a restraining order.
The restraining order not only prohibited her son from contacting her but also froze his access to her bank accounts. This crucial step protected her remaining assets and allowed her to regain control of her finances.
How Long Does a Restraining Order Last?
The duration of a restraining order varies depending on the circumstances. Temporary restraining orders typically last for a few weeks until a permanent hearing can be held. Permanent restraining orders can remain in effect for several years or even indefinitely, depending on the judge’s decision.
What are Some Resources Available to Seniors Seeking Help?
Seniors who need assistance with filing for a restraining order or addressing other legal issues related to elder abuse can contact organizations such as the Legal Aid Society of San Diego or the San Diego County District Attorney’s Office. These organizations provide free legal services and resources to vulnerable individuals.
Who Is Ted Cook at Point Loma Estate Planning Law, APC.:
Point Loma Estate Planning Law, APC.2305 Historic Decatur Rd Suite 100, San Diego CA. 92106
(619) 550-7437
Map To Point Loma Estate Planning Law, APC. An Elder Protection Attorney: https://maps.app.goo.gl/JiHkjNg9VFGA44tf9
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Point Loma Estate Planning Law, APC. area of focus about elder protection law:
An Elder Protection attorney, also known as an Elder Law attorney, specializes in legal issues affecting older adults, including estate planning, guardianship, long-term care, and elder abuse, providing legal advice and representation to protect their rights and interests.
What They Do:
Estate Planning: Wills, trusts, and other documents to ensure assets are distributed according to the client’s wishes.
Guardianship and Conservatorship: Representing the interests of individuals who are unable to manage their own affairs due to incapacity.
Long-Term Care: Advising on Medicaid eligibility, nursing home care, and related issues.
Elder Abuse and Neglect: Investigating and pursuing legal action against those who abuse or exploit older adults.
Other Legal Issues: Medicare, Social Security, retirement planning, disability, and other legal matters affecting seniors.
Advocacy: Providing legal advice, counseling, and advocacy for the rights of older adults.
Why you might need one:
● Suspect elder abuse or neglect.
● Need help with estate planning or probate.
● Facing guardianship or conservatorship proceedings.
● Dealing with long-term care issues or Medicaid eligibility.
● Need assistance with other legal problems affecting older adults.
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