Elder abuse is a significant concern across the United States, and California has implemented specific laws to safeguard its vulnerable elder population. These laws include elder abuse restraining orders, designed to protect individuals aged 65 and older, as well as dependent adults aged 18 to 64 with specified impairments. While these restraining orders are civil in nature, violating them can lead to severe criminal penalties.
What Is an Elder Abuse Restraining Order?
An elder abuse restraining order is a legal measure to protect elderly individuals from various forms of abuse, including:
- Physical or financial abuse.
- Neglect, isolation, or abandonment.
- Denial of basic goods and services needed to avoid physical or mental suffering.
- Behavior causing emotional anguish or physical harm.
Elder abuse restraining orders can also address specific situations, such as domestic violence, when the alleged abuser is a family member, spouse, or former romantic partner.
Emergency Protection Orders
In cases of immediate danger, law enforcement can issue an emergency protection order (EPO) on the spot. However, EPOs are temporary, typically lasting 5 to 7 days. To extend protection, individuals must file for an elder abuse restraining order through the court system.
How to File an Elder Abuse Restraining Order
The individual facing abuse, or someone authorized to act on their behalf (such as a conservator), can file a petition for an elder abuse restraining order. Once filed, the court may issue a temporary restraining order (TRO) immediately or by the following business day.
Steps in the Process
- Filing the Petition: The victim or their representative submits the application to the court.
- Issuance of a Temporary Order: The court may issue a TRO to provide immediate protection.
- Hearing for Permanent Order: A hearing is scheduled within 21 days to determine if a permanent restraining order should be granted.
In some cases, courts may also issue residential exclusion orders, granting the elder exclusive use of their home to protect them from harm.
Consequences of Violating an Elder Abuse Restraining Order
Although restraining orders are civil in nature and do not appear on a criminal record, violating one carries serious penalties.
First-Time Violations
A first-time violation of an elder abuse restraining order is typically charged as a misdemeanor. Penalties include:
- Up to 1 year in jail.
- Fines of up to $1,000.
- Additional requirements, such as restitution, mandatory counseling, or donations to a domestic abuse shelter.
Repeat Violations or Aggravating Circumstances
Subsequent violations within seven years or aggravating circumstances can result in harsher penalties. These cases are classified as “wobbler” crimes, meaning they can be charged as either misdemeanors or felonies.
- Misdemeanor Punishments: Similar to first-time violations.
- Felony Punishments:
- 16 months to 3 years in California state prison.
- Fines of up to $10,000.
Additional Penalties
Possessing a firearm while under a restraining order is a separate misdemeanor offense, carrying further penalties.
Protecting Vulnerable Populations
California’s elder abuse restraining orders are an essential tool for safeguarding the state’s elderly and dependent adults from harm. They provide immediate and long-term protection for those facing abuse, neglect, or exploitation.
For anyone facing accusations of elder abuse or violations of these orders, it’s critical to understand the serious legal implications. Contact Law Office of Michael L. Fell at (949) 585-9055 for expert guidance on protecting your rights or securing the safety of a loved one.