Trial court issuance of a protective order against defendant under the Elder Abuse and Dependent Adult Civil Protection Act is reversed where: 1) a protective order under the Elder Abuse Act may issue on the basis of evidence of past abuse, without any particularized showing that the wrongful acts will be continued or repeated; and 2) the trial court erred in basing its decision in issuing the protective order on counsel's conduct rather than on substantial evidence.
Appeal from an order of the Superior Court of Orange County, Thomas H. Schulte, Temporary Judge. Reversed.
SECOND APPELLATE DISTRICT, DIVISION THREE
Filed: June 23, 2009
Before FYBEL, J., SILLS, P. J., IKOLA, J.
Opinion by FYBEL, J.