FREMONT — It was the most difficult and painful decision Diana Dominguez ever had to make.
But the 72-year-old widow knew she desperately needed help to restore her peace of mind and personal safety.
Her son, a drug user with untreated mental health issues who exhibited bizarre and sometimes threatening behavior while he lived with her, had made the situation untenable. She loved him but was frightened of him. She wanted him to get treatment, and to get out of her home.
But try as she could on her own, she was not able to get protection until she was told about Legal Assistance for Seniors (LAS). After some court hearings, both civil and criminal since her son was in jail for violating previous protective orders and for other crimes, she was granted a five-year civil elder abuse restraining order against him in June.
“I was delightfully surprised I got any assistance at all,” Dominguez said. “It went very smoothly and I was very impressed by what transpired.”
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Legal Assistance for Seniors is a 46-year-old Oakland-based organization founded by three women with the mission of ensuring the independence and dignity of seniors by protecting their legal rights through education, counseling and advocacy. LAS serves thousands of mainly Alameda County seniors 60 and older each year by providing free legal advice and representation, including help with health insurance and housing.
The organization has received funding this year from Share the Spirit, an annual holiday campaign that serves disadvantaged residents in the East Bay. Donations helped support 41 nonprofit agencies in Contra Costa and Alameda counties.
Gregory Bedard, the LAS development associate, said the grant will be used to support legal services and community education programs and will serve 500 clients. Specifically, funds will assist with operating costs for both programs, including staff salaries and the production of educational written materials. The organization has 30 paid staff members including more than a half-dozen attorneys, and 25 volunteers.
Dominguez, a retired mechanical designer, said her protective order was a last resort as her son’s behavior was getting more erratic. He moved in with her last November but his violent actions had forced her to get an emergency protective order against him, which he kept violating. The last straw occurred in April, when he stabbed some scissors through her locked bedroom door and went on a rampage inside the home.
She said her son, who is a professional chef when not in an agitated state, much of the time “is a very pleasant, helpful person.” He has had addiction and mental health issues and depression for some time, which were exacerbated when his father died a few years ago, she said. He could never get the proper help, and the pandemic made it even more difficult for him to get the needed resources, she added.
“I hope there is a more positive outcome with this and that he can get the help he needs,” she said
She was put in contact with LAS by Fremont police. LAS interviewed her, filed the necessary paperwork and made a court appearance, all remotely. The June hearing was before a civil court judge and court reporter in Hayward, the video feed of her son was from a criminal court in Dublin, and she appeared from her home, as did LAS counsel Caitlin Doyle from her own home office in Oakland. Dominguez’s motion for a restraining order was granted, an important step forward for her in achieving the peace and safety she hoped for.
Fremont police Sgt. Paul McCormick supervises the department’s Mobile Evaluation Team which deals with people having mental health issues. He said he has personally been in contact with both Dominguez and her son on previous occasions. “His behavior and the way he acts are consistent with someone who is paranoid schizophrenic and someone with substance use addiction,” McCormick said.
Dominguez said she is “absolutely satisfied” by the outcome. LAS was “extremely supportive and helpful” and she felt “very comfortable” with the way things were handled. She said LAS is still keeping her updated on any legal action taken.
Even though taking action against her son was painful, she knows it was necessary,
“It’s something I needed to do,” she said. “LAS helped me accomplish that. They got help for me and help for him.”
Bedard has only been with the organization six months but is extremely impressed and heartened with its work, especially after seeing the results in Dominguez’s case and others.
He said the majority of the cases they handle are elder abuse and guardianships, including those involving people wanting to adopt younger relatives who are in dangerous family situations. They also handle conservatorships, housing issues and public benefits such as issues with Medicare.
“I love it because we’re helping people who need representation and assistance who otherwise might not have anywhere else to go,” he said.
“We really are keeping families together and seeing they are safe and protected. It’s really about caring for people, for families and for seniors,” he said. “These are people fighting for their rights and independence and their dignity. The folks that work here, they’re committed to the community.”
Share the Spirit
The Share the Spirit holiday campaign, sponsored by the Bay Area News Group, funds nonprofit holiday and outreach programs in Alameda and Contra Costa counties.
To make a tax-deductible contribution, clip the coupon accompanying this story or go to www.sharethespiriteastbay.org/donate. Readers with questions, and individuals or businesses interested in making grants or contributions, may contact the Share the Spirit program at 925-472-5760 or sharethespirit@crisis-center.org.
