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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23176
Experience:  Active member of the NYS bar since 1989
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My friend just received a California Elder Abuse Restraining

Resolved Question:

My friend just received a California Elder Abuse Restraining Order based on fabricated facts. Now the elder person in his 80s realized he did not intend to do so. The elder person was apparently manuiplated by his niece with her intent to take over his estate. The elder person now is very upset and want to rescind the restraining order. How shall he proceed to do so? Thanks

Submitted: 6 years ago.
Category: Legal
Expert:  Zoey, JD replied 6 years ago.

If this is a civil restraining order, then your friend should have also received a date on which he will have to go to a hearing and which will be fairly soon. The order in effect now is a temporary emergency order. Your friend is entitled to be heard as to these charges before a permanent restraining order might be granted.

If the elderly person now realizes he was manipulated by someone else into believing things he now knows are not true, he can let the court know that he is no longer in fear of any harm from the your friend and fill out a form withdrawing the petition for a restraining order. The clerk of the court where the hearing is to be held would likely have the form.
Customer: replied 6 years ago.



Just a clarification of my original question - Can the elder person file a petition to withdraw the restraining order prior to the hearing date?


Because we suspect that his niece will keep his uncle from attending the court hearing and use an attorney to represent him using fabriated evidences.



Expert:  Zoey, JD replied 6 years ago.

The elder should be able to file a petition to withdraw the order before the hearing date. Here's an on line example of such a petition for one California court. I'm sure the clerk of the particular court where your hearing is to be held would have to have something similar. But as you can from the form itself, it can be done in advance.

If the hearing does get held and your prediction comes through, you can certainly present evidence that the elder person is being detained at home against his will by a family member with designs on his estate.
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