Elder or Dependent Adult Abuse Restraining Orders in California
This guide can help you:
- Understand who can ask for this type of restraining order
- Follow the process to ask for a restraining order
- Ask to renew a restraining order
- Know what you must do if you received restraining order papers
- Find free resources for help with the process
In California, the court can grant a restraining order to stop someone who is abusing or neglecting an elderly or dependent adult. Abuse can be emotional, physical, or financial. It can happen anywhere, including online. It can involve stopping the elderly or dependent adult from accessing money or basic needs, isolating someone from friends or family, or depriving someone of food, medicine, or other things they need to survive.
There are different types of restraining orders. An elder or dependent adult abuse restraining order can be filed to protect someone who is elderly or a dependent adult.
There may also be other types of restraining orders someone can request, like a domestic violence restraining order if the elder or dependent adult was abused by an intimate partner, spouse, or close relative, or a civil harassment order if the elder or dependent adult were abused by someone they don't have a close relationship with. For more information about the different types of restraining orders, talk to your Self-Help Center.
What can a restraining order do?
A judge can grant a restraining order to protect someone who is elderly or a dependent adult from someone who is abusive. Once a restraining order is in place, the police can be called to enforce the order.
An elder or dependent adult abuse restraining order can include these types of orders:
- No contact
- Stay a certain distance away
- Move out, if they live with the protected person
- Get counseling or take anger management classes
- Cannot own or have firearms or ammunition
There are many other ways an elder or dependent adult abuse restraining order can protect someone.
Who can ask for an elder or dependent adult abuse restraining order?
Someone who is 65 or older or a dependent adult can ask for protection for themself. Others can also ask for a restraining order to protect an elder or dependent adult if they are the elder or dependent adult's conservator or trustee, their attorney or guardian ad litem, or a representative of the county adult protective services agency.
How do I ask for an elder or dependent adult abuse restraining order?
You will need to complete a few court forms. The forms will ask you to describe the abuse in detail. This guide has step-by-step instructions about the process of asking for a restraining order. The whole process can last a few weeks or months, depending on how complicated the case is, even though the court may grant a temporary restraining order within a day.
There is no court fee to ask for an elder or dependent adult abuse restraining order. You do not have to have a lawyer, but if you want one you will have to hire one. You can also get free help from a court Self-Help Center.
What if someone asked for a restraining order against me?
If someone filed court papers to ask for elder or dependent adult abuse restraining orders against you, carefully read over the papers you were given:
- If you were served with form EA-110, this means the judge granted a temporary restraining order against you. You must follow all the orders granted by the judge. If you don't, you could be arrested and charged with a crime.
- You will have a court date, which is listed on form EA-109. Make sure to go to your court date if you do not agree to the restraining order. At the court date, a judge will decide whether to grant a restraining order against you that can last up to five years.
This guide can help you figure out your options to respond and prepare for your case. Respond means to tell the judge if you agree or don't agree to the request for a restraining order.
There is no court fee to respond to an elder or dependent adult abuse restraining order. You do not have to have a lawyer, but if you want one you will have to hire one. You can also get free help from a court Self-Help Center.
Learn more about your next step
Ask for an Elder or Dependent Adult Abuse Restraining Order
Get step-by-step instructions for each part of the process
Respond to Elder or Dependent Adult Abuse Restraining Order papers
Get help understanding court papers you received and preparing for your court date.
Renew a restraining order
If you are still concerned for your safety or want your restraining order to stay in place, you have to “renew” it, which makes it last longer and gives it a new end date.