Elder abuse is a serious issue that affects many older adults across California. To protect vulnerable individuals aged 65 and older, the state provides legal avenues such as restraining orders to prevent further harm. Understanding what constitutes sufficient grounds for an elder abuse restraining order is crucial for both victims and their families.
California Certified Family Law Specialist Judy L. Burger explores the various forms of elder abuse and the legal criteria necessary for obtaining a restraining order in California.
What Constitutes Elder Abuse?
The Elder Abuse and Dependent Adult Protection Act (EADACPA) defines abuse of an elder or a dependent adult as “either (a) physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or (b) the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.”
- Physical Abuse: Inflicting physical pain or injury, such as hitting, slapping, or inappropriate restraint.
- Emotional Abuse: Causing mental suffering through verbal assaults, threats, or intimidation.
- Financial Abuse: Illegally taking, withholding, or misusing an elder’s funds or property. This may include fraud, scams, or coercion.
- Neglect: Failing to provide essential care that results in harm to the elderly, such as inadequate food, shelter, or medical care.
- Sexual Abuse: Any non-consensual sexual contact or exploitation.
- Abandonment: Leaving an elder without necessary care or assistance.
Family Law Attorney Judy Burger can explain more and help you determine if you have a case to petition the court for a domestic violence/elder abuse restraining order to protect someone you love.
Grounds for Obtaining an Elder Abuse Restraining Order
In California, the elder abuse restraining order is designed to provide immediate protection for older adults experiencing abuse. To obtain this type of restraining order, the following conditions must typically be met:
Proven Abuse or Threat
The petitioner must demonstrate that they have experienced or are at risk of experiencing abuse. This can be evidenced through:
- Medical reports documenting injuries
- Photographs of physical harm
- Witness testimonies
- Documentation of financial exploitation
However, the CA Welfare & Institutions Code section 15657.03 allows the court to restrain any person to prevent a recurrence of abuse if a declaration shows reasonable proof of a past act or abuse of the petitioning elder or dependent adult. This means the court may grant an elder abuse restraining order on a preponderance of the evidence. Additionally, the court in Gdowski v. Gdowski (2009) 175 Cal.App.4th 128 held that a protective order under EADACPA may be issued based on evidence of past abuse without any particularized showing that wrongful acts will continue or be repeated.
Relationship with the Abuser
The abuser must have a specific relationship with the victim, such as a family member, caregiver, or someone with whom the elder has a close relationship. It’s important to establish that the person posing the threat has direct access to the elder.
Immediate Danger
The elder or a loved one must show that they are in immediate danger of harm or that harassment and abuse are likely to continue without court intervention. This may include verbal threats, stalking behavior, or prior incidents of abuse.
Request for Supportive Evidence
While a detailed record of incidents is vital, the court will also look for any patterns of abusive behavior over time. This can include the frequency of past incidents, the level of intimidation experienced, and the emotional impact the abuse has had on the elder’s mental health.
Protect Your Loved Ones from Elder Abuse
Navigating the legal system can be daunting, especially for vulnerable seniors. If you or a loved one is dealing with elder abuse, it’s vital to seek legal assistance. CA Family law Attorney Judy Burger can guide you through the process of obtaining an elder abuse restraining order, ensure that you have the necessary documentation, and represent your interests in court.
Elder abuse is a grave concern, and understanding the grounds for obtaining a restraining order can be a vital step toward ensuring safety and protection. If you suspect that an elder is being mistreated, take action to help safeguard their well-being. No one should endure abuse, and the law provides resources to defend those who cannot defend themselves. For personalized advice and assistance, reach out to The Law Offices of Judy L. Burger. We have eight convenient locations across California to serve you.
