Appellate Procedure,  Standard of Review,  Torts

Elder Abuse Act Protective Orders Reviewed for Abuse of Discretion

In Bookout v. Nielsen, case no. G037727 (4th Dist. August 31, 2007), the Court of Appeal was faced for the first time with the question of the proper standard of review on appeal from an Elder Abuse Act protective order.  (Welf. & Inst. Code, § 15657.03.)

Citing to the statutory language that allows an Elder Abuse Act protective order to issue upon proof “to the satisfaction of the court,” and noting that the Domestic Violence Protection Act contains identical language for the standard for issuing the order, the Court of Appeal adopts the standard of review applicable to appeals of DVPA protective orders: abuse of discretion.  Of course, the factual findings underlying the order are reviewed for substantial evidence.