WT Wins: Trusts & Estates Litigation Team Prevails in Denial of Elder Abuse Restraining Order
Published: September 11, 2024
Weintraub Tobin Trusts & Estates litigators Daniel Kim, Lily Harris, and Madeline Giles successfully defended against a request for a three-year elder abuse restraining order brought against their client.
In late May of this year, their client was served with a temporary elder abuse restraining order by her cohabitant. Based on the temporary restraining order, their client was barred from returning home pending a trial on the cohabitant’s request for a three-year restraining order. After attempts to mediate the case failed, Lily and Madeline chaired a two-day bench trial in Placer County before Commissioner Albert Erkel.
The Weintraub team was able to show that the cohabitant failed to meet his burden of proof on all claims of alleged abuse. After deliberating for ten minutes, the Commissioner denied the request for a three-year restraining order, and immediately vacated the temporary restraining order. The client was overjoyed, finally able to return to home after a 3-month exile.