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Seeking a Restraining Order for Elder Abuse in New York

About 1.4 million Americans are currently residents in nursing homes. Of those individuals, it is unfortunate that many of them will face abuse at the hands of the very people they pay to look after them in nursing home facilities. If you or a loved one has been abused or neglected by a caregiver at a nursing home, contacting a nursing home abuse lawyer may be helpful in seeking a restraining order in New York. 

Dalli & Marino is a team of New York nursing home abuse lawyers with the experience and knowledge needed to understand the intricate laws involved in filing a restraining order against a nursing home staff member. A nursing home should be a safe place for its residents, and the moment it becomes anything other than safe, legal action may need to be taken. 

What is a Restraining Order for Elder Abuse In New York?

A restraining order is defined as a protective ruling used by courts and can be either temporary or permanent depending on the case. In the case of elder abuse, seeking a restraining order is a step for older adults to maintain a legal record of their abuse and get protection against the abuser. The types of elder abuse that a restraining order may be issued for are:

  • Sexual assault
  • Stalking
  • Harassment
  • Physical harm

If you or a loved one is facing abuse at the hands of a caregiver, a restraining order is a way to warn their abuser that if they do not stop, they can face fines and jail time. It is essential to keep any evidence of abuse so that when you bring this issue to a nursing home abuse attorney, they will better help you build your claim. 

Can Anyone Get a Restraining Order for Elder Abuse?

Yes, anyone can get a restraining order against another person who may have committed an act of violence against them. To receive an elder abuse restraining order, you will need the help of a nursing home abuse attorney as you go through these steps:

  • Provide evidence of the alleged abuse like photos or written testimonials
  • File any other legal paperwork
  • Have a judge review your petition

Once the judge has reviewed your petition, you may be granted a temporary elder abuse restraining order while the court processes the accused party’s information to decide if the restraining order should be permanent. 

What is the Burden of Proof for Restraining Orders?

The burden of proof is defined as evidence presented to the courts before a restraining order is granted. This evidence should show proof that an older adult is at risk and requires a restraining order to stop their abuse. Some examples of evidence that would meet the burden of proof are:

  • Photos
  • Testimonials
  • Knives or weapons
  • Medical documents
  • Online files

When trying to obtain evidence to meet the burden of proof, consulting with a New York lawyer that has extensive experience in nursing home abuse cases is vital. 

New York Nursing Home Abuse Lawyers Can Help With Your Case

A nursing home is supposed to be a safe place for residents to rehabilitate and live in peace. If you or a loved one has experienced nursing home abuse at the hands of a caregiver or staff member, a nursing home abuse lawyer may be able to help you through the process of seeking a restraining order. 

Dalli & Marino is a team of award-winning nursing home abuse lawyers. Proudly serving our New York clients since 1996, we have the experience to help you through every step as you seek justice and safety for you or your elderly loved one. We seek to provide the highest level of service and the most knowledgeable legal advice to every one of our clients. To set up a free case evaluation, contact us here or call (888) 465-8790.


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