Jo-Anna Nieves
Founding Attorney
Oakland Elder or Dependent Adult Abuse Restraining Orders
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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.
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:
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.
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:
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.
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.
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.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
Give us a call or contact us online so we can schedule a meeting to discuss your legal needs.
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Successful Immigration-Safe Resentencing
Case Dismissed after Completion of Deferred Entry of Judgment
Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
