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Protecting Residents from Abuse: "Move-Out" and "Kick-Out" Now


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Protecting Residents - From the Headlines:
"A Yolo County jury has convicted a caregiver of second-degree murder in the death of a 66-year-old man ... found guilty of elder abuse ... Authorities said [victim] was emaciated and covered with bed sores ...Garbage and animal feces were strewn throughout the mobile home...with severe malnourishment, dehydration and hypothermia...died [from] neglect from his caregiver. ...[defendant] described [victim] as 'just an old man dying.'" http://www.sacbee.com/2014/04/17/6334162/davis-caretaker-convicted-of-murder.html

The Silent Killer. For every reported case of elder abuse, there are more than 24 undetected cases never reported (according to an East Coast study). Almost all victims are in a private residence behind closed doors.

Elder abusers. Who are they? Most frequently, family members. The residents' grown kids, nephews, nieces: chronically unemployed, unemployable, parolees, probationers, insolvent, thieves, grifters, addicts. All need money, a bed, an address. These are prime opportunities for abusing, abandoning, neglecting or stealing from your residents: behind closed doors and undetected.

According to the American Psychological Association, "Don't let your fear of meddling in someone else's business stop you from reporting your suspicions. You could be saving someone's life."

You can help. You do not need to evict. You can help your abused resident oust the abusive caregiver immediately. You can report, help with "move-out" orders, "stay-away" orders, and other relief for your abused residents.

For a full discussion of elder abuse laws, prevention and remedies, read our reference article at http://www.dowdalllaw.com/Publications.shtml Just google "Fran Breslauer" and see the coverage from local coverage and ABC national news.

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Here is the caregiver, hoarder-squatter we asked be removed from the widow's home. The prosecutors chose to take no action, despite picketing from neighbors, until television news coverage began. When the story went "national," the D.A. decided to join in. One rule to learn here, is not to rely on government to do the "right thing," just to do what it must.

The legislature thwarts our efforts (and Senator Jeff Stone's AB 470) to protect elderly residents from miscreants in our parks, in favor of a 60 day "due process" holiday for predators, grifters, murderers (see Yolo County story above), and other caregivers. Can we take any immediate action to help our residents?

Yes! 60 day delays are unnecessary if the abused resident is in distress and requesting help. The 60 day period before filing is used by the perpetrator to intimidate, terrify and coerce others not to testify. No need for horrified residents to take shelter and self-imprison. If the resident seeks to escape elder abuse, relief is immediately available and without filing or service charges.

Your Abused 65+ Resident Can Get a "Move-Out" Order under the Elder Abuse and Dependent Adult Civil Protection Act.

We, as management, can educate and help. Get the form.  www.courts.ca.gov/documents/ea100.pdf  See page 6: [13] (Move-Out Order) "I ask the court to order the person in (2) to move out from and not return to the residence at (address). The person in (1) will suffer physical or emotional harm if the person in (2) does not leave the residence."

No eviction / notice is needed for this immediate order, issued without charge. But you and the resident (or an attorney) will need to go to court.

Your Abused Resident May Seek a "Kick-Out" Order under the Domestic Violence Prevention Act. A restraining order can be issued to immediately oust the dangerous occupant. An order can be issued to restrain contact either directly or indirectly: by mail or otherwise, coming within a specified distance of, or disturbing the peace of the other party.

Get the form: www.courts.ca.gov/documents/w09-05.pdf

The law says that a court may order, without notice, exclusion from the dwelling, the dwelling of the other, the common dwelling of both, or the dwelling of the person with care, custody, and control of a child to be protected from domestic violence. The order can apply regardless of who owns the mobilehome. What is "abuse" under the DVPA? Intentionally or recklessly causing or attempting to cause bodily injury; or sexual assault; or a "reasonable apprehension" of imminent serious bodily injury. The requisite "abuse" need not be actual infliction of physical injury or assault. A harassment injunction is also available. Get the form: www.courts.ca.gov/documents/ch100.pdf

In summary, management can help the abused resident get to court and remove the abusive caregiver NOW. A restraining order and injunction may well obviate all concerns for termination of underlying tenancy a park owner may have to pursue for outrageous conduct.

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Dowdall Law Offices, A.P.C.
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Orange, CA 92866

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