Caringkat Asked August 2014
I may need to get a restraining order against an estranged, bi-polar sibling. What is the process?
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I have Durable Power of Attorney, and Health Care POA (California).
What is the process to take out a restraining order against a mentally abusive sibling when the parent has Alzheimer's?
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Second, I can only speak to experience and jurisdiction of courts in my area. You may have to contact the police, or the circuit courts (litigation level) in your area.
At the county level (in Michigan), circuit court judges issue PPOs (Personal Protection Orders). Forms can be downloaded and completed, then taken to the PPO Office at the Courthouse for processing.
You may get some advice from the PPO staff (sometimes an attorney is present) on whether you have sufficient grounds to get a PPO. After completion, you would go to the presiding/on call judge (as advised by the PPO staff), present the paperwork to the judge's clerk, and wait to determine if he/she will sign the PPO.
You will want to take both the DPOA (a copy of which would probably be attached as an exhibit) and the Health Care Proxy (depending on the offending actions and relief sought).
If you have other data, such as threatening letters, etc., take copies of that as well.
You can also create your own exhibit list of offending actions. That's that I did when I asked for one to protect my parents.
PPOs are used to prevent someone from using electronic media, telephones, and/or personally contact someone. Typically they'll be prevented from coming a certain distance from the protect individual's residence as well. I believe protection can also apply to mail, but don't recall for sure. Basically: no contact at all, or limited contact if the judge decides to allow that.
Alternatively, if you want an ex-party restraining order, you'll need to file a petition or motion, plus all the ancillary pleadings. Typically this would be handled by an attorney, who would prepare then send a paralegal or junior attorney with the paperwork and fees (if any) to determine the judge on call, present the paperwork as well as a proposed Order.
A restraining order would generally be used for financial abuse, and activities of a nature beyond just being restrained from contact.
If you get a PPO, you'll take all the paperwork to the County Sheriff's Dept. along with either cash or check (probably not though) for service of process. You cannot serve the defendant yourself.
The Sheriff's Deputy will file the proof of service.
If you get a restraining order, the attorney will take care of service of process.
But check your DPOA to ensure that you have this authority.
It wouldn't hurt to google PPOs, California process, or something similar as I'm sure California law process aren't entire identical to Michigan. You can also get advice from the PPO staff once you locate the office.
My advise is stick with the facts..big polar alone isn't bad..its manageable..we got to get rid of stigma ..and..some will hide behind that and not be accountable for out right poor behavior ...best wishes..