restraining order

[pbchief2]

My grandmother in San Jose called me today to ask about filing a restraining order. When researching it , it appears to me there are two options for her. One was an elderly abuse RO, the other a DV RO. Which would be appropriate? There has been physical altercations with the SJPD called.


Now here are the issues.

1. The abuse is by my aunt, who lives in the same home. and my aunts kids and grand-kids who live in the second home on the property.

2. When my grandfather was in the hospital dying, my aunt had them refinance the house with her as the primary on the deed and Mortgage.

3. Apparently the house has been up for sale for the past 2 months with out my grandmothers knowledge.

[BoJackUSMC]

I think your grandmother should contact a lawyer soon as possible.

[JaeFern]

What is she trying to achieve? Keeping the aunt away from her? Or getting a cease and desist to keep your aunt from selling the house?

[Maltese Falcon]

Run don't walk...

http://oag.ca.gov/sites/all/files/pdfs/bmfea/citizens_guide.pdf

http://www.canhr.org/factsheets/abuse_fs/PDFs/FS_FinanElderAbuse.pdf

.

[pbchief2]

Right now, keeping the aunt and one of the daughters away. She would like to move the daughter out of the second house. This has been escalating the last two years. I have begun the process of helping my grandmother get an apartment near me. She had wanted to move gradually over the next few months, as she has lived in her current home since 1963.

[Falconis]

File a financial elder abuse report with SJPD as well. Like the above poster said, run, don't walk

[Ron-Solo]

File a report with the police, and get a lawyer to help with the other issues.

This is not something to do yourself. The stakes are too high.

[ls2monaro]

She needs legal advice. If she doesn't have much money, there should be a local legal aid society that could help her out. Contact the local bar association for more info. You will need to get all the facts about the abuse. Dates, times, police reports, witnesses, etc..

There are quick legal remedies she can take to keep the house from being sold. I don't know the title situation on it so that's why she needs legal advice.

I don't recommend paralegal services because they are hit or miss and the good ones usually charge the same ballpark as a licensed attorney in my area.

[Petro6golf]

Sounds like a big bag of drama. Contact a Lawyer asap.

[johnthomas]

Go to the DA in the city or county she lives, this is called Elder Abuse.

[zack_trp1911]

Family can cruel when it comes to elder abuse. File the report ASAP with authorities to get the ball rolling as this matter is time sensitive with the house up for sale.

[lawman18]

Get your grandmother to sign a conservatorship granting you (or someone you trust) as her legal guardian and then you can force the abusers out of the house by eviction or even better, by selling the house for your grandmother then telling the abuser that they have to move before the new owners move in! Contact the new financial institution and explain to them the fraud committed by refinancing without grandma knowing, they will be resistant at first but explain to them the legal ramification of "assisting" someone else in the "theft" of real property by "elder abuse." Explain to them that grandma will be more than willing to not press charges or sue the company if they still want the loan with the actual owner, her. Contact the Real Estate Agent and tell him/her that the actual owner IS NOT selling the house and does not know anything about it, you as the conservator of your grandma, also do not consent to the sale of the house and will be contacting the police and the National Association of Realtors, California Association of Realtors, and the most expensive Real Estate Lawyer you can find. That usually lights a fire under someones *** to start combing over tax rolls for property ownership. This is no joke, I am dealing with a similar event and I am watching the dollar signs roll because I didn't catch it in time.

[pbchief2]

I want to thank you all for the opinions and helping to further point me in the right direction. I had tried to deal with this before, but being the youngest grandchild and living away from the area it was just glossed over. Things are rolling now. I see a whole lot of travel in my near future.

[pbchief2]

Does anyone have a recommendation for an attorney in Santa Clara county. I had the restraining order filed Friday. When this was done the person that my grandmother filed the RO on followed her to the court and filed a restraining order on the person I had helping my grandmother. So now she is no allowed at my grandmothers home. I am called the hotline recommended by the court and left message. Thank you ahead of time for any help.