Oakland

Elder or Dependent Adult Abuse Restraining Orders

If you have received notice of a restraining order based on allegations of elder abuse or dependent adult abuse, you may wish to consult a lawyer for advice immediately. Oakland elder abuse or dependent adult abuse restraining orders can affect many areas of your life, such as your job, your home, and your rights. As a result, contacting legal counsel in this situation may be beneficial to you.

With the help of a criminal attorney, you are more likely to defend the restraining order effectively. You may be able to reach an alternate resolution that does not include the imposition of a restraining order.

Defining Elder/Dependent Adult Abuse in Oakland

According to California Welfare and Institutions Code § 15610.23, dependent adults are any people between the ages of 18 and 64 who have physical or mental limitations that restrict their ability to carry out normal activities and protect their rights. These individuals also include those who are admitted as inpatients to a 24-hour care facility. Elder adults under Ca. Wel. and Inst. Code § 15610.27 include anyone who is over the age of 65.

Under Ca. Wel. and Inst. Code § 15610.07, abuse of an elder or dependent adult includes any of the following:

• Physical abuse, neglect, abandonment, or any other treatment that results in physical or mental harm or suffering
• Care custodians who deprive elder or dependent adults of goods or services that are necessary to avoid bodily injury or mental suffering
• Financial abuse

Care custodians can include administrators or employees of care facilities and persons who independently provide care for elder or dependent adults. The goods and services necessary to avoid physical harm or mental suffering include clothing, food, shelter, transportation, personal hygiene assistance, and protection from health and safety hazards. When elder/dependent adults claim that abuse has occurred, they may file to obtain elder abuse or dependent adult abuse restraining orders in Oakland.

The Impact of Restraining Orders Based on Adult Abuse

Elder and dependent adults who are experiencing any form of abuse in Oakland may be eligible to seek restraining orders based on that abuse. Only adults who are over the age of 65 or who are over 18 and have physical and mental disabilities may qualify for this form of relief. A restraining order can protect elder/dependent adults in the following ways:

• Prohibit another person from having any contact with the protected adults
• Stay away from places where the protected adults frequently are present or go, such as their homes, workplaces, schools or care facilities
• Move out of the home where the protected adults live
• Refrain from possessing any firearms

The impact of a restraining order can be significant. People who are subject to these restraining orders may have to turn in, store, or sell any guns that they own. They also may have to leave their homes and often in cases of caregivers – they can lose their jobs and find it difficult to be placed in a new position that requires contact with elders or dependent adults.

Consequences of Violating Protective Orders

Violating elder/dependent adult abuse restraining orders is a crime. Under Cal. Pen. Code § 273.6, intentionally violating a restraining order is a misdemeanor. A conviction for this offense can result in incarceration for up to one year, a fine up to $1,000, or both.

If the violation results in physical injury to the elder or dependent adult, the resulting penalties increase substantially. The fine may increase to $2,000, and the minimum term of incarceration may increase to 30 days. Further, if there is an allegation of prior violations of the elder abuse or dependent adult abuse restraining order and the new violation resulted in injury to the elder/dependent adult, the violation can be charged as a felony offense with a penalty of up to three years in prison and a $10,000 fine. Due to the potential severity of these penalties, consulting an experienced criminal defense attorney may be wise.

It is important to note that the Legislature has found that elders, dependent adults with physical or mental disabilities or other limitations that restrict their ability to carry out normal activities or protect their own rights, and inpatients of 24-hour health facilities required special protections and any person who permits someone in one of the above-mentioned categories to suffer, inflicts physical pain or mental suffering, or willfully causes them to be injured or placed in a situation where their health is endangered can be charged criminally for those actions. Elder abuse can be charged as a felony or misdemeanor offense and result in state prison time of up to four years and a $6,000 fine.

Learn About Elder/Dependent Adult Abuse Restraining Orders in Oakland

The impact of Oakland elder/dependent adult abuse restraining orders can be significant. You may be subject to substantial restrictions on where you can live, visit, and work. You may also lose your ability to own or possess any firearms and your ability to work with or around elder or dependent adults.

If arrested for violating this type of restraining order, you risk incurring a permanent criminal record and being ordered to serve jail time. You may also be subject to high fines and other penalties. By getting legal advice in this situation, you may be in a better position to avoid these potential consequences. Schedule a consultation today.