Elder Abuse Restraint Orders

LAW OFFICE OF GEORGE F. DICKERMAN
3879 Brockton Avenue
Riverside, CA 92501
Tele: (951) 788-2156
Fax: (951)788-0906

ELDER LAW NEWSLETTER (July 2010)

Elder Abuse Restraint Orders

In California, there are three types of restraint orders available to protect people from violence and harassment: Civil Harassment Restraint Order, Domestic Violence Protection Act, and the Elder Abuse Restraint Order. Of these, the elder abuse restraint order is perhaps the least known and most misunderstood.

It protects those 65+ years of age and, although similar to the other two kinds of restraint orders, also provides confidential information to the California Law Enforcement Telecommunications System (CLETS) to assist in enforcing the restraint order.

Elder financial abuse, physical abuse and harassment are most commonly committed by family members, and this restraint order provides "kick out" authority to remove even a family member who lives in the elder's home.

Typically, a temporary restraint order (TRO) will be granted ex parte (without notice to the person to be restrained). This TRO will generally stay in effect for 14 days, after which, a hearing (trial) will be held to determine whether the TRO should be made a permanent order (lasting up to three years).

Among other things, witnesses, photographs, and medical records can all be placed into evidence. If the judge determines that financial, physical or harassment abuse is significant, then the permanent restraint order will be granted and that information will be communicated to the CLETS system.

The elder abuse restraint order, although not widely known about, can be a very effective tool prevent such abuse. If the restrained person violates the order, then s/he can be arrested and held in contempt of court. For more information, please visit:
www.elder law advocate.com.

Ask the Doctor
Leslee B. Cochrane, MD.
Medical Director

Ramona Visiting Nurse Association and Hospice

Question: "I have had bad arthritis in my knees for years which now hurt so bad that I can hardly walk. The Tylenol I used to take no longer helps and my doctor has advised against using other arthritis meds because they upset my stomach. My doctor has also advised against surgery because of my other medical conditions and has suggested I start taking a pain pill called Vicodin. I have been using it for a week and find that it really helps; but I was wondering if there is anything else I can do to help control the pain?"

Osteoarthritis is among the most common causes of pain and disability in adults; in fact 70% of people over 70 have x-ray evidence of osteoarthritis. There are several things you should talk with your doctor about that might reduce your risk of osteoarthritis including weight loss, avoiding activities which damage the knees and regular exercise. Many people take nutritional supplements such as chondroitin and glucosamine to promote healthy joints and reduce pain; but the results of scientific studies are inconclusive as to the effectiveness of these products.

Steroid injections into the knee usually provide short term relief and some patients receive a longer term benefit from a synthetic joint fluid called "Synvisc”"which can be injected into the knee. There are also newer forms of several arthritis medications such as diclofenac, ibuprofen, ketoprofen and piroxicam that come in a topical form. These medications can be applied directly to the affected area thus avoiding irritation to the stomach which is a common side-effect when these medications are taken by mouth.

If you are having difficulty walking you should ask your doctor about having an in-home physical therapy evaluation. A physical therapist can help to develop a program designed to improve your walking, reduce pain and decrease your risk of falling. If you have any questions regarding in-home physical therapy, or any questions about services for seniors in general please call our Healthy Elder Life Program at 1-888-983-5337; or visit us on the web at www.help4elders.info

If you would like to submit a question please contact Jennifer Trebler at jtrebler@ramonavna.org.