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How can we file a harassment restraining order for emotional abuse for a very sick man in Torrance, California?

Torrance, CA |

Can I file a harassment restraining order to prevent a woman from harassing and upsetting my brother (her partner for over 17 years) in Torrance, California? He is very ill and in a convalescent home. He has memory loss, in a wheel chair and is generally in very poor health. His ex-partner is continually calling and coming over to the home where he lives. Every time they talk, he gets extremely agitated, ill and angry.

The personnel at the home tell me that they have to allow his ex-partner in the home and cannot control the phone calls. He actually stays emotionally upset for days and it affects his physical health so negatively, he lashes out to other people.

Is there anything we can do legally to prevent this woman from contacting him and how would we go about it?

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Attorney answers 1


If you're your brother's legal conservator, then you can take legal action on his behalf. You may consider it in his best interests to seek a restraining order against his ex-partner.

But if you don't have a court order authorizing you to be his conservator, you can't. if he's competent to make his own legal decisions and he chooses to see her, then you have to respect that choice, even if it makes him ill. If he's not competent, the first thing you have to do is get yourself appointed his conservator.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

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