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FAMILY LAW ARTICLES

May 20, 2017
How do you get a restraining order for elder abuse?

Dependent adults are usually elderly, disabled or mentally incapacitated persons who rely on others for their support. Just like young children, these individuals are extremely vulnerable members of society. If the person taking care of a dependent adult becomes abusive, for example, the dependent adult might not know how to make it stop.

Dependent adult abuse may take the form of neglect, abandonment, abduction, isolation, financial abuse or some other action that causes the victim mental suffering or pain. Or, it might involve lack of action on the victim’s behalf, such as deprivation of things and care that the person needs.

Dependent adult abuse restraining orders

California law is on the side of abuse victims, but many of the victims do not have the capacity to reach out for assistance. As such, victims may not get help until a family member or friend steps forward on their behalf.

One of the most practical ways to help an abuse victim is to request a dependent adult abuse restraining order. Just like other kinds of restraining orders, a dependent adult abuse restraining order can achieve the following:

  • Prevent the abuser from getting too close to the abuse victim, and require the abuser to stay away from the victim’s family members and others living with the victim.
  • Prevent the abuser from coming to the abuse victim’s home, work and other areas he or she frequents.
  • Force the abuser to vacate the abuse victim’s residence, even if he or she lives there.
  • Prevent the abuser from owning, using or carrying a gun.

In cases where a family member is abusing a dependent adult, it may be wise to get a domestic violence restraining order in addition to a dependent adult abuse restraining order.

Do you know someone who needs help stopping elder abuse?

Elder abuse often goes unnoticed and unchecked. If you know a dependent adult who is a victim of abuse, you might be the only person who can help. By talking with a Ventura family law attorney about dependent adult abuse and strategies for making it stop, you can determine the best ways of assisting your friend or family member.

Source: Nov. 30, -0001

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