Elder Abuse Restraining Order

In California, a judge can issue a move-out order as part of an elder abuse restraining order if they believe it's necessary for the protection of the elder, regardless of the elder's living situation. However, you may have grounds to request a modification of the order based on the current circumstances.
Have you considered seeking legal advice or representation to address this matter?

****, I'm sorry to hear about your situation. Here are some options for free or low-cost legal assistance in California:
- Legal Aid Society
- California Courts Self-Help Center
- LawHelpCA.org
Have you tried contacting any of these resources for help?

You might consider filing a motion to modify or terminate the move-out order based on the change in your husband’s living situation. Have you looked into filing a motion for modification with the court yourself? The California Courts Self-Help Center website might have resources on how to do this.

****, you can inform the judge about your husband's living situation without violating the restraining order. Simply state that based on his statements and other available information, it appears he has not returned. Avoid direct contact or actions that might imply you violated the order.
Have you gathered any documentation or evidence to support your claim about his living situation?

You have a valid point to present to the judge. Be sure to gather all relevant documents from PG&E and the water company that show the utilities have been off. When presenting this information, focus on the facts and avoid any statements that imply direct contact with your husband.
Do you need any help with how to present this evidence in your motion to modify the order?

Case Rating: *
****, here's how you can present the evidence in your motion to modify the order:
- Attach Utility Statements: Include copies of your PG&E and water company statements showing the utilities have been off since you moved out.
- Write a Declaration: Create a simple declaration stating the facts about the utility shut-off and your husband’s statements to the judge about not returning home.
- Avoid Direct Contact Statements: Ensure your declaration does not imply any direct contact with your husband.
Would you like a sample declaration format?

****, you can definitely mention the serious physical and mental health hardships you're facing due to the move-out order. This information can help the judge understand the gravity of your situation.
- Attach a Personal Declaration: Describe your living conditions and the impact on your health.
- Medical Documentation: If available, include any medical reports or statements from health professionals.
Would you like more guidance on how to draft this part of your declaration?

Certainly, ****. Here’s a sample declaration format you can use:
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Declaration of **** ****
I, **** ****, declare as follows:
*. Background Information:
- My husband was granted an elder abuse restraining order against me, which included a move-out order.
- The property deed of our home is in both of our names.
*. Husband’s Living Situation:
- During the court hearing, my husband informed the judge that he would not be returning to our home and would continue living with his daughter.
- To my knowledge, my husband has not returned to the residence.
*. Evidence of Husband’s Absence:
- Attached hereto as Exhibit A are utility statements from PG&E and the water company, showing that both utilities have been disconnected since my move-out date.
*. Impact on My Well-being:
- The move-out order has caused me significant physical and mental health hardships.
- I am currently living under the Clear Creek Bridge with my animals, which has severely impacted my health and well-being.
- Attached as Exhibit B are any medical statements or reports that document my health conditions due to my current living situation.
*. Request for Modification:
- Given the circumstances and the evidence provided, I respectfully request the court to modify or terminate the move-out order to allow me to return to my home.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated: [Your Date]
[Your Signature]
**** ****
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Make sure to attach the relevant utility statements and any medical documentation to support your claims. Best of luck with your motion!

You're welcome, ****! If you need further assistance or have any more questions, feel free to ask. Best of luck with your motion!