Elder Dependent Adult Abuse Help & Information Pamphlet

ELDER AND DEPENDENT ADULT ABUSE

Elder - A person who is 65 years of age or older as 15610.27

Dependent Adult - Any person, regardless of whether the person lives independently, between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age. This also includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility,

Elder and Dependent Adult Abuse - Any physical isolation, abduction, or other treatment with resulting physical harm, pain, or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. This also includes any other act that would agency or law enforcement related to the abuse of Sections 15610.07, 15610.27, 15610.23.

CRIMINAL PROCEEDINGS

When the police are called they will interview all persons involved and write a report.

The police may arrest the abuser when they have probable cause to believe a crime was committed. A detective or a prosecutor may call you to ask further questions. We encourage you to be honest with the investigator. Let them know about past domestic violence incidents and any details you may have

Criminal Charges:

to be reviewed by a prosecutor to determine if there is

The victim has the option of contacting the District Attorney and requesting that a criminal

Court Process:

becomes a and, unlike civil court,

This means that the State may prosecute

This policy is in effect so that a batterer will learn that coercing or scaring a victim into requesting that charges be dropped is not an effective means of avoiding criminal prosecution.

Remember that further threats, restraining order violations, or acts of violence are crimes and should be reported to the police. Save voice/text messages, emails, social media postings, photographs or another evidence for court proceedings.

ELDER ABUSE FRAUD

Elder Fraud- The U.S. DOJ describes elder abuse as an intentional or negligent act by any person that causes harm or a serious risk of harm to an older

PROTECT YOURSELF

Resist the pressure to act quickly. Criminals create a sense of urgency to instill fear and the need for immediate action.

Be cautious of unsolicited phone calls, mailings, and door-to-door service offers.

Never wire money to persons or businesses you have solely met online. Verify any email requests for money.

Ensure all computer anti-virus and security software are up to date. If you receive a suspicious popup or locked screen on your device, immediately disconnect from the internet and turn off the device.

Do not open any emails or click on attachments or links you do not recognize or were not expecting.

Research online and social media advertisements before purchase to determine if a product or company is legitimate.

Stop communication with the perpetrator, but expect the criminal will continue to attempt contact.

VICTIM’S RIGHTS

In accordance with Section 28 of Article I of the California Constitution, victims of crime are afforded rights known as A complete list of these rights and other information can be found at

For information about the California Victims’ Compensation Program, you may contact

As a victim of a crime, you have the right to be feasible, of court proceedings and dispositions.

RESTRAINING ORDERS

You can request a Elder or Dependent Adult Abuse Restraining Order (form EA-100) Restraining Order against the person who hurt or threatened you or other family members by appearing at the Superior court located nearest to you. A Restraining Order may be requested whether or not an arrest has been made or the police have been called. An order may be obtained to:

• Restrain the attacker from abusing you and other family members;

• Direct the attacker to leave the household;

• Prevent the attacker from entering the residence, school, business, or place of employment of the victim;

• Award the victim or other parent custody of, or visitation with, a minor child or children;

• Restrain the attacker from molesting or interfering with minor children in the custody of the victim;

• Direct the defendant to pay certain bills coming due while the order is in effect;

• Direct the batterer or the victim or both to attend counseling. A Elder or Dependent Adult Abuse Restraining Order is always free. In many courts, a Restraining Order Clinic will

STEP #1:

Request a Temporary Restraining Order (TRO) at the Superior Court.

• Your TRO should be granted the same or next day. A hearing date will be set approximately three weeks after the initial order is granted.

• Serve the defendant with a copy of the TRO Anyone over 18 years of age, you can hand the Order to the defendant.

• Deliver a copy of the TRO, and Proof of Service form to your local police station. Retain the originals of all documents.

Note: An Emergency Protective Order (EPO) can be issued by the Police at the time of a an elder or dependent adult abuse incident. Emergency Protective Orders are available through the Police Department on a 24 hour basis, and are valid for only 5 court days.

STEP #2:

To obtain an order that is valid for 3 years you must return to court on the date the hearing is set. Bring your TRO documents with you, especially the proof of service form. The new order must also be served to the defendant and copies delivered to the police station.

suffered as a result of the abuse, including medical expenses, loss of earnings, other expenses for injuries sustained, damage to property, and any other related expenses incurred by the victim or any agency that shelters the victim.

Additional Resources

Rape / Battering Hotline

Housing / Temporary Shelter

Child Care Referrals

Medical

Counseling / Mental Health