Elder Abuse Restraining Order
Have you recently had an elder abuse restraining order filed in your name in Los Angeles, CA? Don’t hesitate to contact the knowledgeable Los Angeles criminal defense attorneys at the Rodriguez Law Group as soon as possible. Our experienced team might be able to help you get your injunction lifted.
- 1 How the Rodriguez Law Group Can Help You Fight Back Against Your Los Angeles Restraining Order
- 2 Help You Understand Your Legal Options
- 3 Devise an Effective Defense Strategy
- 4 Search for Evidence to Dispute the Claims
- 5 Represent You at Your Restraining Order Court Hearing
- 6 Defining Elder Abuse Under California Law
- 7 Understanding the Process of Obtaining a California Elder Abuse Restraining Order
- 8 Restrictions Included in California Elder Abuse Protective Orders
- 9 Penalties for Violating a California Elder Abuse Protective Order
- 10 Had an Elder Abuse Restraining Order Issued in Your Name? Contact Our Los Angeles Law Firm Today
How the Rodriguez Law Group Can Help You Fight Back Against Your Los Angeles Restraining Order
Over the years, the Rodriguez Law Group has helped numerous Los Angeles residents fight back against elder abuse restraining orders. When you hire us to do the same for you, we will:
Help You Understand Your Legal Options
Having an elder or dependent adult abuse restraining order issued in your name can be a shocking and frightening experience. Indeed, when you first hear the news, you might not know what steps you can take to get it lifted or altered.
Fortunately, the attorneys at the Rodriguez Law Group have been working in the legal industry for many years. As a result, we know many of the best ways to fight back against these types of court orders. When you hire us, we will take some time to sit down with you and walk you through your legal options.
Devise an Effective Defense Strategy
Taking a scattershot approach to fighting back against your elder abuse restraining order is unlikely to be successful. If you wish to improve your chances of getting your injunction lifted, you will need to employ the use of an effective and precise defense strategy.
During their long and distinguished careers in the legal field, the attorneys at the Rodriguez Law Group have seen and used a wide range of defense strategies. As such, we know which tactics and techniques work – and which ones do not. When you enlist our services, we will use our knowledge and experience to devise a strategy that we believe will work for you.
Search for Evidence to Dispute the Claims
Quite often, the best way to get an elder or dependent adult restraining order lifted is to prove that the requestor’s claims are untrue. To use this strategy, however, you will need to search for and compile a mountain of relevant evidence. Some of the most compelling evidentiary materials include:
- Surveillance camera footage
- Witness testimony
- Medical records
- Electronic records
- GPS data
The Los Angeles criminal defense lawyers at the Rodriguez Law Group knows where to look and who to speak with to find these evidentiary materials. When you hire our firm to help you fight back against your protective order, we will be more than happy to assist you with your search.
Represent You at Your Restraining Order Court Hearing
Before a California court can issue a permanent elder or dependent adult abuse restraining order in your name, it must give you the chance to defend yourself at a formal hearing. Of course, it is rarely wise to represent yourself at such a hearing. It almost always makes more sense to have an experienced lawyer speak on your behalf.
The attorneys at the Rodriguez Law Group have been representing the people of Los Angeles at their restraining order hearings for many years. As such, we understand how to explain our clients’ side of the story in a clear and concise manner. With our team on your side, you can be confident that you will be well represented in court.
Would you like to have the experienced legal team at the Rodriguez Law Group help you battle to get your elder abuse restraining order lifted? Then please get in touch and set up a free consultation at our law offices in Los Angeles as soon as possible. We know how to win cases like yours, and we are ready to go to bat on your behalf.
Defining Elder Abuse Under California Law
California defines elder or dependent adult abuse as the isolation, neglect, abduction, or physical assault of:
- Someone who is at least 65 years old, or
- A dependent adult, aged 18 to 64, who has mental or physical disabilities that prevent them from protecting themselves
The state or other interested parties may also accuse a caregiver of elder or dependent adult abuse if they deprive a senior or disabled person of the goods and services they require to avoid mental pain or physical harm.
Having practiced law in the state of California for years, our lawyers are intimately familiar with all of its rules and definitions. If an elder or dependent adult restraining order has been issued in your name, please do not hesitate to give us a call. We may be able to help you get it lifted.
Understanding the Process of Obtaining a California Elder Abuse Restraining Order
In the state of California, elderly people and dependent adults can request a restraining (or protective) order if they are a victim of:
- Physical abuse
- Financial abuse
- Abandonment, or
To obtain an order of this nature, they must usually file the following documents with the court:
- Form EA-100: Request for Elder or Dependent Abuse Restraining Orders
- Form EA-109: Notice of Court Hearing
- Form EA-110: Temporary Restraining Order
- Form CLETS-001: California Law Enforcement Telecommunications System Information Form
Anyone who has trouble completing the forms listed above can seek assistance from a family law facilitator.
Once these documents have been filed with the court, the requestor must have the restrained person served with a copy. They must then provide proof of service to the judge.
When this process reaches its conclusion, the court decides if it will grant the requestor’s application for a temporary restraining order. If the presiding judge approves the request, the temporary order stays in effect until a formal hearing can be held. In the majority of cases, this hearing date is set for about a month into the future.
On the day of the hearing, the judge reviews relevant evidence and listens to arguments from both the restrained and protected person. The parties can have an attorney speak on their behalf if they wish.
Once the hearing reaches its conclusion, the court will:
- Lift the temporary order and reject the requestor’s application, or
- Upgrade the temporary injunction to a permanent restraining order
In the state of California, permanent elder abuse restraining orders can last for up to five years. However, courts may choose to extend them beyond that limit if necessary.
Has a temporary or permanent protective order been issued in your name in Los Angeles? Then please contact the skilled legal team at the Rodriguez Law Group to learn more about how you can battle to get it lifted.
Restrictions Included in California Elder Abuse Protective Orders
When the people of Los Angeles have elder abuse protective orders issued in their name, they must typically adhere to a stringent set of rules and regulations. A brief sampling of some of the most common restrictions included in these injunctions would include:
- Communication Restrictions: In California, restrained parties are almost always forbidden to text, call, or otherwise talk to protected persons.
- Residence Restrictions: Restrained persons often have to move out of their home because of their injunction.
- Firearms Restrictions: The state of California does not allow restrained persons to buy, own, or use guns.
- Behavioral Restrictions: Restrained persons cannot stalk, harass, or threaten the protected party.
Do you believe that the restrictions outlined in your elder abuse or domestic violence restraining order are too strict? Then please do not hesitate to reach out to the experienced defense attorneys at the Rodriguez Law Group. We understand how the system works and may be able to help you get your restrictions altered.
Penalties for Violating a California Elder Abuse Protective Order
California maintains a detailed database of every restraining order subject in the state. When police officers find one of these people violating the terms of their injunction, they can charge them with a criminal offense under section 273.6 of the California Penal Code.
The penalties for violating this statute include:
- Up to one year in county jail
- A fine of up to $1,000, and
- A permanent criminal record
Over the years, the lawyers at the Rodriguez Law Group have helped a myriad of Los Angeles residents fight back against accusations of violating their protective order – achieving plenty of favorable results along the way. If you would like to have our experienced team go to bat on your behalf, all you need to do is pick up the phone and give us a call.
Had an Elder Abuse Restraining Order Issued in Your Name? Contact Our Los Angeles Law Firm Today
When Los Angeles residents need a lawyer to help them fight back against their elder or dependent adult abuse restraining orders, they know they can always count on The Rodriguez Law Group. Our team has the industry experience and statutory knowledge necessary to handle even the most complex cases. Contact us today to learn more about how we can assist you with your current predicament.
The Rodriguez Law Group
626 Wilshire Blvd #900,
Los Angeles, CA 90017
Last Updated on November 23, 2020