What is an Elder Abuse/Dependent Restraining Order in San Diego

Although most people view domestic violence as the abuse of one spouse or intimate partner against another, domestic violence is a broad topic that encompasses many different types of abuse, including the physical, emotional or financial abuse of elderly individuals and dependent adults. Understanding the law as it applies to elder and dependent adult abuse can be complicated, however. For example, while domestic violence can include the abuse of an elder or dependent adult, elder abuse doesn’t always occur within the home, and therefore doesn’t always constitute domestic violence, which is why there is a separate restraining order in California for elder or dependent adult abuse. Being aware of these legal complexities is imperative when it comes to fighting elder abuse and domestic violence charges in San Diego, and that’s why it’s always a good idea to have an experienced attorney on your side in such cases. If you have had an elder abuse restraining order filed against you in San Diego, contact our domestic violence defense attorneys at San Diego Domestic Violence Attorney, today for a free consultation.

What is Elder or Dependent Adult Abuse?

Under California Welfare & Institutions Code § 15657.03, an elder is defined as a person who is 64 years of age or older, and a dependent adult is defined as a person who is between 18 and 64 years of age and who has physical or mental limitations that prevent him or her from carrying out normal daily living activities. Elder or dependent adult abuse, then, involves an elder or dependent adult who has been or is being:

• Physically abused;
• Mentally or emotionally abused;
• Financially abused;
• Isolated;
• Abandoned or abducted;
• Subjected to behavior that causes physical harm, pain, or mental suffering;
• Neglected; or
• Deprived by a caregiver of goods or services necessary to avoid harm or suffering.

Elder Abuse Restraining Orders in San Diego

An elder/dependent adult abuse restraining order may be issued in instances where an elderly or dependent adult, known as the “protected person,” claims to be suffering abuse at the hands of a caregiver or another person who helps him or her with the daily necessities of life. If you have an elder abuse restraining order issued against you in court, this type of protective order can legally prohibit you from physically abusing, hitting, harassing or threatening the elder or dependent adult; contacting or going near the elder or dependent adult, no matter where he or she goes; and owning or possessing a firearm. An elder abuse restraining order is a civil action that can be requested by the abused elder or dependent adult, or by any other person legally authorized to seek such relief, including a conservator or trustee of the elder or dependent adult, an individual acting within the authority of a power of attorney, or a person appointed as a guardian ad litem for the elder or dependent adult. In addition to protecting an elder or dependent adult from abuse, an elder abuse restraining order can also provide protection for family members and people who live with the protected person.

Consequences of a CA Elder Abuse Restraining Order

Under California law, an elder abuse restraining order is a civil court order, and once the order is issued, only the judge can amend or terminate it, even if the elder or dependent adult changes his or her mind about the abuse in question. If the court issues a temporary restraining order, it will last only until the hearing date, at which point the court will decide whether to cancel or extend the order, which means issuing a “permanent” restraining order. A permanent restraining order can last for up to five years, during which time you may be ordered to stay away from the protected person, forced to move out of your home if you live with the protected person, restricted in your right to see your children, and/or prohibited from owning or possessing a firearm or ammunition, depending on the type of abuse alleged by the protected person. A restraining order of this kind can also affect your immigration status if you are trying to get legal papers.

Once the court issues an elder abuse restraining order against you, it is entered into a statewide computer system, which means that law enforcement officers throughout the state of California can see that a restraining order is in place. Even if you move out of California, the restraining order still applies, and you will be required to inform your new local police about the orders.

Defending Yourself Against an Elder Abuse Restraining Order

If you are served with an elder or dependent adult abuse restraining order in San Diego, you will have to go to court to explain to the judge in detail what happened. It is not mandatory that you have legal representation at the court hearing, but having an attorney on your side who has experience handling domestic violence and elder or dependent adult abuse cases can significantly improve your chances of a favorable outcome in court. It’s important to have your side of the story heard by the judge, and by hiring an attorney, you can protect your rights to the best of your ability.

Being subjected to the requirements of an elder or dependent adult abuse restraining order can have a significant impact on your life for years to come, and even if the court decides that an elder abuse restraining order isn’t warranted, there are other types of restraining orders that may apply to domestic abuse and other violent incidents in San Diego, including a domestic violence restraining order, a criminal protective order, a civil harassment restraining order, and a workplace violence restraining order. If you have been served with a restraining order in San Diego, contact our knowledgeable attorneys at San Diego Domestic Violence Attorney, as soon as possible, to discuss your best course of action.

Violating an Elder Abuse Restraining Order

If a judge issues an elder abuse restraining order or any other type of orders against you in court, you must follow them. If you violate court orders, you can be arrested and charged with a crime, which could result in jail time, a significant fine, or both. One of the most complicated things about an elder or dependent adult abuse restraining order, is that it doesn’t affect the protected person, it only affects what you are permitted to do. What this means is, if the restraining order against you includes no-contact orders and the protected person contacts you, you must end the contact immediately, or you will be in violation of the court orders. Sometimes, a protected person will intentionally try to trick a restrained person into violating a restraining order, in hopes that the restrained person will then be subjected to criminal charges. Under California law, Penal Code § 273.6 PC, violating an elder abuse restraining order is punishable by up to one year in county jail, a maximum fine of $1,000, or both. If you unintentionally violated court orders, a criminal defense attorney can help you defend yourself against criminal charges in court.

Free Domestic Violence Consultation in San Diego

If elder or dependent adult abuse occurs within the home, it can be covered under the umbrella of domestic violence, which includes the abuse of a cohabitant or family member, as well as the abuse of a domestic or intimate partner. However, elder or dependent adult abuse, be it physical, emotional or financial, can also occur outside of the home, perpetrated by caregivers, extended family members, or even complete strangers. As such, there are separate court orders for protecting elders and dependent adults from abuse, with harsh penalties for restrained individuals who violate these orders. If you are facing criminal charges for violating an elder abuse restraining order in San Diego, don’t hesitate to secure qualified legal representation. Contact San Diego Domestic Violence Attorney, to discuss your case with a knowledgeable criminal defense attorney today.