Elder Abuse Restraining Orders Orange County During COVID Summer 2020

A RESTRAINING ORDER CAN PREVENT A PERSON FROM RAIDING AN OLD PERSON’S BANK ACCOUNT

August 9, 2020. AN Elder Abuse Temporary Restraining Order (EATRO) continues to be fully available in Orange County regardless of the court’s closures. If someone is attempting to gain a financial advantage over a person age 65 and older, an EATRO may be the answer. That is a special type of restraining order only for older people seeking protection.

The person doing the harassing may be a caregiver, a scammer or anyone. There is currently one judge “open” at the main Orange County Courthouse Central Justice Center in Santa Ana, who permits both remote and live court hearings.

The initial EATRO can be granted ex parte based on documentary evidence only, with little or no notice to the other side. The judge will order the temporary restraining order and schedule a trial date 25 days later to determine if the temporary order should become permanent- up to five years long. The “restrained” person must be served with the court documents and trial date. The trial can be in person, remotely or a hybrid of both. After the trial is held, the court rules on whether or not to grant a permanent order.

YOUNG PEOPLE ALSO SEEK RESTRAINING ORDERS AGAINST OLD PEOPLE

Not uncommonly, a person younger than age 65 is seeking a restraining order against the older person. Some older people even in their 80’s can “harass” or even threaten a younger person. That younger person usually has some relationship with the older person sometimes they are an “in-law” or neighbor. The older person may or may not have cognitive impairment. Regardless of the reason, or who it is, the court has the legal authority to restrain the older person. Those restraining orders are brought under the normal Civil Harassment Restraining Order law because the person seeking protection is under age 65. It doesn’t matter if the person harassing is older than 65.

RESTRAINING ORDERS BROUGHT BY IMMEDIATELY FAMILY MEMBERS ARE FILED IN FAMILY COURT

When the person seeking protection is a family member of the person doing the harassing, the restraining order is brought in family court. That is true regardless of the age of either person; at least that is how the court’s are currently handling that issue. All family restraining orders i.e. grandparent grandchild, will be heard in family court.

About Stout Law Firm

James Stout has practiced law in Orange County since 1995 and is highly regarded by the business community. He has passed three bar exams, California, Arizona and Nevada.
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