A Success Story from the Seniors Unit
Dr. M (fictitious name) is a sophisticated senior who is living on disability due to a myriad of health issues that challenge her energy and immune system. In order to make ends meet, she would rent out a room in her home, mostly to students at local universities. She considered herself a seasoned landlord and put checks and balances in place to protect herself, but became alarmed when her most recent lodger, Billy (fictitious name), became aggressive and belittling towards her, calling her disparaging names each time she encountered him in the home.
Dr. M knew Billy was formerly incarcerated, but his rehabilitation story was persuasive. He came with recommendations and had established a work history. This led her to believe she would be safe offering him a place to live and continue his rehabilitation. When he became more and more aggressive and then destroyed her security systems and cameras, she knew she had to seek help.
Seeking legal remedy
Three days before her permanent restraining order hearing against Billy, CLA SoCal’s Seniors Unit was contacted by the Family Justice Center in Anaheim where Dr. M had sought assistance. The Seniors Unit advocates learned Billy moved out under a temporary restraining order. Usually this would be the end of the story, especially in the case of a non-family member getting a “kick-out” order from a lodging, but not in this situation.
The advocates accepted the case, optimistic that the likelihood of Billy appearing at the hearing would be small. For a restraining order to become permanent, the judge must find that elder abuse had occurred through a bench trial with witnesses and evidence. The problem in this case was that Dr. M was terrified of Billy and could not bear to take the chance of facing him alone, even over a Zoom screen.
Trial or mediation
As the Seniors Unit advocates prepared for the approaching hearing, Dr. M’s anxiety steeply escalated. Billy had been served at his work, which was less than a mile from Dr. M’s home. His job regularly took him to all the places she loved, including her local park where she walked her dog for therapy and exercise.
On the morning of the hearing, Billy appeared electronically and was adamant that the matter would go to trial before he would capitulate to any stay-away order. Although the burden of proof-preponderance of the evidence is low, Dr. M did not want to take a chance on losing her case.
Based on an offer to mediate the case, the Seniors Unit advocates spent the morning going between Dr. M and Billy, crafting a settlement that allowed the restraining order to be issued for 6 months. This was an inducement for Billy to settle because if he stayed away from Dr. M, the matter would go off calendar. Dr. M was reassured that if she were still afraid, she could go back and request that the judge extend the order.
Minute details such as Billy staying away from the dog park during specific hours were hammered out in a stipulated agreement that gave Dr. M the assurance that if the stipulation is violated, she can ask for a permanent order and Billy can be subject to criminal charges for violating the order. For Billy, by stipulating to a defined short-term order, he could keep the matter off his record and hopefully continue his life in a more positive vein. Pleased with the agreement, Dr. M was effusive in her expression of relief and appreciation for the representation provided by the Seniors Unit advocates.
In closing
Most elder abuse restraining orders take place between family members. When this happens, a wedge is driven between close relatives that is sometimes never repaired. Often seniors have only their abusers to assist them with care as they become frailer. When a stipulated short-term restraining order can provide oversight of the courts and a “cooling-off” period for the abused and the abuser, there is a chance that life can become better for the elder. The case of Dr. M was unusual but illustrative of the effect that zealous advocacy and support can have for vulnerable populations, like seniors.
This project is funded in part through a grant from the California Department of Aging as allocated by the Orange County Board of Supervisors and administered by the Office on Aging.
