Legal Question in Elder Law in California

restraining order, Family member

my sister who is an attorney wants to file a restraining order against me to prevent me from entering our Mothers home. This is not my Mothers wishes. Our mother is almost 83 yrs. old, but my sister does NOT have any power or guardianship over my mother. Can she really do this? Would my sister have to have my mother declared that she is not capable of handling her own affairs


Asked on 1/30/09, 8:32 am

1 Answer from Attorneys
George Moschopoulos The Law Office of George Moschopoulos

Re: restraining order, Family member

To get a restraining order issued against you that keeps you from living in the home there would likely have to be some allegation of abuse. Restraining orders can be effective tools when someone is in actual danger. However, they can be very damaging if based on false accusations of harm.

We have successfully overturned such orders in the past when it was evident there was no factual basis for them to issue.

If serious about pursuing this, feel free to contact us.

Best of luck.

www.NotGuiltyInCA.com

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Answered on 1/30/09, 12:26 pm


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