ATTORNEY NEWSLETTER
Restraining Orders To Protect Seniors From Abuse
Recent Case Example
Process For Obtaining Restraining Orders
Restraining orders are a powerful tool in the fight to protect seniors and dependent adults from abuse. Seniors and dependent adults are vulnerable to all forms of elder abuse: financial, physical, sexual, and emotional/psychological and restraining orders require persons inflicting abuse to stay away from you and your home. The California elder abuse attorneys at Evans Law Firm, Inc. help victims obtain restraining orders where that special protection is needed. Learn more about restraining orders and how our lawyers can help here: https://www.evanslaw.com/practice-areas/physical-elder-abuse/elder-abuse-restraining-orders/.
San Francisco courts do not charge a fee for restraining orders for elder and dependent adults. The City and County of San Francisco maintain a specific website where you can learn more: https://sfsuperiorcourt.org/divisions/civil/elder. Our San Francisco and California elder abuse attorneys can represent you in either a full representation or a limited representation to obtain a restraining order. Call us today at (415)441-8669. Our toll-free number is 1-888-50EVANS (888-503-8267).
Case Example
In one recent case, the California Court of Appeal held that it is no defense to a petition for a restraining order under the Elder Abuse and Dependent Adult Civil Protection Act that the defendant is herself is elderly. In the case, the 70-year-old was sued in separate actions by four residents of a retirement community where friendships of the four with defendant, also a resident there, deteriorated markedly. According to court documents, acrimony developed between defendant and one plaintiff after the latter took exception to defendant berating a non-party resident. Disputes later arose between defendant and two other with plaintiffs residing in the retirement community. Summing up their allegations, one plaintiff said that defendant’s action toward them allegedly included “trying to ram them with her mobility scooter; waiving her cane at them; falsely accusing them of battery and theft; calling them obscene names and racial epithets; filming them with her cell phone without permission; and using her professional training to intimidate them by saying things like ‘go ahead and sue me I’m a lawyer.’ ”
The trial court granted plaintiffs’ restraining order request and defendant appealed contending she herself was an elder and the re4strining order under the Elder Abuse Act against her was invalid. The Court disagreed, noting “Nothing in the Act prohibits trial courts from issuing protective orders against elderly or dependent adults who violate its provisions.”
Restraining Order Procedures
To request a restraining order, you must complete several forms are required:
EA-100: This form details the elder abuse that is occurring and what protection you seek and if you need immediate protection.
CLETS-001: This document tells the police who they are being asked to restrain. Again, provide as much detail as possible. The person you seek to restrain will not get a copy of this document.
EA-109: This form is a notice of court hearing. The court will complete most of this document. Once complete, the form must be personally served on the person(s) you are seeking to restrain.
EA-110: This form is required when you need immediate protection under a temporary restraining order. The form must explain exactly why immediate protection is necessary.
Contact Us
Always act immediately on your suspicions of abuse. Alert the police and Adult Protective Services of any suspected abuse and reach out to counsel such as the elder and dependent adult abuse lawyers at Evans Law Firm. Our lawyers can help you obtain a restraining order and will pursue all remedies for victims which include restitution (getting your money back), rescission (undoing wrongful and fraudulent contracts), extra damages (known as punitive damages), and award of attorneys’ fees and costs incurred in bringing wrongdoers to court by a civil complaint.
If you or a loved one been the victim of any form of elder abuse in San Francisco, or elsewhere in California, contact Ingrid M. Evans at Evans Law Firm at (415) 441-8669, or by email at <a href=”mailto:info@evanslaw.com”>info@evanslaw.com</a>. Our toll-free number is 1-888-50EVANS (888-503-8267).
