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Can some one get a restraining order on someone elses be half with out a Power of attorney or conservatorship all he had was a n

Tustin, CA |

note not hand writen and not noterized it was filed as a emergency restraining order to stay away because of elderly abuse from my brother on my fathers be half against me.the secratary told me i will be served with papers and a nother court date this was done in family court should i file against him in elderly abuse superior court for mental anguish he has put on my dad that has short term memory loss he cant even rember what he had for breakfast much less what he wrote 3 days ago!!

Attorney Answers 1


There are four ways someone can file an elder abuse restraining order on the elder's behalf: 1) A conservator or trustee of the adult; 2) An attorney-in-fact of the adult who acts within the authority of the power of attorney; 3) A person appointed as guardian ad litem for the adult; 4) Any other person legally authorized to seek such relief.

If there is not one of these four types of relationship and the person wishes to seek a TRO, the Court may appoint a guardian ad litem (a neutral third party attorney) that will investigate and make their recommendations to the Court at the hearing to make the restraining order more permanent (up to three years).

This website provides a wealth of information as to how to file.

Prior to the Court date, you can provide a written responses. Be sure to attend the Court hearing so you can tell your side of the story and why a restraining order should not be granted.

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