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

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.

Lancaster, CA -

Attorney Answers (4)

Erin Patricia Farley

Erin Patricia Farley

Family Law Attorney - Petaluma, CA
Answered

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

Christine James

Christine James

Estate Planning Attorney - Roseville, CA
Answered

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.

William Antoine Hannosh

William Antoine Hannosh

Family Law Attorney - El Cajon, CA
Answered

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. . .

James P. Frederick

James P. Frederick

Power of Attorney Lawyer - Livonia, MI
Answered

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

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