Watching your loved one face abuse or neglect can be difficult, especially when a legal case is already pending. You may worry about their safety and wonder what steps you can take while the case continues.
California law provides several options that may help you address ongoing concerns and protect your loved one during this time.
Take steps to protect your loved one’s safety
If you believe your loved one still faces abuse or neglect, act promptly. Raise your concerns with the facility and ask what steps it will take to protect the resident. You may also report suspected abuse to the appropriate California authorities.
If the danger continues, you may consider seeking court protection through an Elder or Dependent Adult Abuse Protective Order.
Seek court protection from ongoing abuse
If you believe your loved one needs protection while the case continues, California law provides a court option you can consider:
- You can request an Elder or Dependent Adult Abuse Legal Protection Order if your loved one faces abuse, neglect or threats of harm.
- A judge may issue a temporary order to provide protection while the court reviews the request.
- The order may limit the alleged abuser’s contact with or access to your loved one.
- In certain situations, another person may request the order on behalf of an elder or dependent adult.
A restraining order can provide an additional layer of legal protection when you have concerns about your loved one’s safety.
Report new concerns to California authorities
If you notice new signs of abuse or neglect while the case continues, report them even if you have already started a lawsuit. For a loved one in a nursing home, you can contact the Long-Term Care Ombudsman Program or the California Department of Public Health (CDPH).
The Ombudsman can help address concerns involving resident safety, care and rights, while CDPH accepts complaints involving licensed health care facilities.
Protect an elder during the legal process
Protecting your loved one should remain a priority while your California abuse or neglect case moves forward. By responding to new safety concerns, seeking court protection when appropriate and reporting ongoing problems to the right authorities, you can take steps to address continued risks.
If you are unsure which option fits your loved one’s situation, consider speaking with a California elder abuse attorney about the available protections.