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My brother put a restraing order on me, judge made it tempory, his only proof was that attempted kidnapping of my father out of

Lancaster, CA |

the home,before my husband went to get my dad, i called his doctor to take him home, the dr said it was okay, but sister was on end of life directive and the home would not let my husband remove him, so the order has expired, my dad still wants to live with me in his own home, my brother was denied conservatorship, and i am going to apply for it, can my brother get another restraining order on me?, my brother is selling my dads personal things without pow, and i think this is a way to get me out of the way. will the judge ever throw him in jail,, i think when sibblings steal , or sell, hide cars, they should go to jail.

Attorney Answers 4


  1. I have re-tagged this question for you, as it is not a family law issue.


  2. I agree with Attorney Farley. Furthermore, this matter appears to already be in the courts, where it sounds like it belongs. No one appears to have legal authority to do anything with your father or his belongings, at this point. You need to retain an attorney to assist you in getting conservatorship, because it seems pretty clear that your brother is going to fight you on this.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. Mr. Frederick is correct. It certainly sounds like someone needs to be appointed to look out for your father's interests. An attorney can help make sure it is done correctly. Your brother is not likely go to go jail but at least your father and his things can be protected.


  4. You should get an Elder Abuse Restraining Order against your sibling, based solely on the unauthorized sale of your dad's property. (Obviously, you will need some type of proof and Declarations showing this). I would also maybe try to go Ex Parte before the Court, so that the Court can give you a quicker Temporary Conservatorship over your dad. Of course, if your dad does not want to file the Elder Abuse Restraining Order himself, and you yourself have no Court-ordered representative role over your dad, then the Restraining Order will be denied.
    On a side note, you might want to apply for the Conservatorship ASAP and then you can continue the next Restraining Order hearing, and then attempt to consolidate both cases into one Case Number. I cannot guarantee that they will be consolidated, but it is worth trying at least. . .

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