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Elder or Dependent Adult Abuse Restraining Orders in California

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Overview

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.

If the elder or dependent adult was given a protective order as part of a criminal case, they can still ask for an elder or dependent adult abuse restraining order. There are some reasons why they might want to have multiple restraining orders. One reason is that if the criminal case gets dismissed (closed), then the criminal protective order will be canceled. Also, a criminal protective order may not include some protections such as protection for family members.

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.

A dependent adult is someone aged 18-64 who has mental or physical limitations that limit their ability to carry out normal activities or protect their own rights, regardless of whether they live independently or not. This includes people with physical or developmental disabilities and people whose mental or physical abilities have been reduced because of age. It also includes anyone aged 18-64 who is admitted to a 24-hour inpatient health facility, like a hospital or nursing home.

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.

In most counties, you will not talk to a judge right away. But, a judge will make a decision quickly on whether to give temporary protection. Once you turn in your forms, the judge will make a decision that same day or by the next business day.

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.

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