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Thursday, April 2, 2020

Elder Abuse/Dependent Adult Restraining Order

Restraining Orders 


Restraining orders may be brought by anyone to stop someone else from harassing them, threatening violence or committing violence against them. There are five types of Restraining Orders: Domestic Violence Restraining Orders, Civil Harassment Restraining Orders. Elder or Dependent Adult Abuse Restraining Orders, Workplace Violence Restraining Orders and Gun Violence Restraining Orders. Once a Temporary Restraining Order or permanent Restraining Order is granted it has the force of law and a violation of the Restraining Order can cause the offender to be charged criminally.

Elder Abuse/Dependent Adult Restraining Order 


The main difference between an Elder or Dependent Adult Abuse Restraining Order and the other orders is that there are wider grounds for bringing such an order. Also, a Caretaker, Conservator or other concerned person can bring the action on behalf of the elderly (65+ years old) or dependent adult. The grounds for an Elder Abuse/ Dependent Adult Restraining Order include: Physical Abuse, Financial Abuse, Neglect, Abandonment, Mental or Emotional Abuse, Isolation or deprivation of goods and services by a caretaker leading to harm or suffering. Those that can bring the Restraining Order are the Elderly person or Dependent Adult themselves and the following: a conservator or trustee, an attorney-in-fact acting within the authority of the power-of-attorney, guardian ad litem, and other legally authorized person. Often times when family members are fighting over money or property in a will or trust and a parent is still alive, this request for Restraining Order will arise.

The process for obtaining the Elder Abuse/Dependent Adult Restraining Order is the same as for the other Restraining Orders: First the party asking for the order submits a Temporary Restraining Order (TRO) request through their attorney which usually includes a statement from the party describing what is happening and why they want the Order. Generally, the Judge only looks at the Petitioner’s request for a TRO and makes a decision without a hearing and without input from the other party. The other party does not even need to be advised of the TRO request although the court prefers they be notified. If the court grants the TRO (and also if it denies the TRO) a hearing is held 21-25 days later. At that hearing both sides may put on witnesses or other evidence to prove/disprove the case. If a Restraining Order is granted at that later hearing it can last for 3 years or longer and be renewed with good cause by the Petitioner. The granting of a permanent Restraining Order designates the person restrained as a violent person and appears on background checks similar to a criminal conviction. Even if no criminal case is filed against the person who committed the misconduct, the court can still find there is enough evidence to grant an Elder Abuse/Dependent Adult Restraining Order. Attorney Will Bruzzo has successfully represented clients on Elder Abuse/Dependent Adult Restraining Orders and is ready to represent you and offer a free consult. Tel. (714) 547 4636

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