Legal Question in Elder Law in California

The elder claimed he was abused by his much younger long-time friend, who had been his live-in care provider for the prior two years. Adult Protection Services handled the case and the judge granted a temporary protective order which was extended for three additional months. They are now living under the same roof again. The elder has not mentioned this to Adult Protection. He is also trying to coerce certain agreements from the younger guy by saying he'll have the protective order withdrawn or revoked under certain conditions. Is this possible? Or is it out of his hands at this stage of the game? What is the worst case scenario is someone in authority discovers these guys are back in the same home while restraining order is in effect? Is only the "restrained" guy subject to arrest or is the "victim" also at risk of arrest? Just because I have to for my own benefit, I don't believe the elder was abused at all but rather IS the abuser. Adult Protection has not followed up at all since the day the court extended the order for three additional months.


Asked on 2/21/15, 1:41 pm

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

I doubt that the elder is going to get into any trouble over this, but but the caregiver isn't acting very bright - what he ought to do is to move out and not move back in until the restraining order is dropped. He can go to jail for violating a restraining order.

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Answered on 2/23/15, 9:01 am


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