Elder Abuse Restraining Order
The clinics operate on a “first come, first served basis.” We do not take appointments, and it is important to arrive early to make sure you are helped! Once you are signed up on our sign-in sheet for the clinic, you will need to complete an application for our services.
- Plan to spend a half-day to full-day at the courthouse to complete the process of obtaining a restraining order.
- Restraining order paperwork must be completed and filed with the business office by 3:00 p.m. in order for the judge to make a decision that day.
- ***Clinics are closed on court holidays. Check court holidays here.
South County Clinic
East County Clinic
Hall of of Justice
- Assist with the court forms required to petition for an Elder Abuse Restraining Order.
- Assist with the court forms to respond to an Elder Abuse Restraining Order.
- Explain your legal options and provide information and education on Elder Abuse Restraining Orders.
We do NOT offer legal advice or represent you at your court hearing.
- Have the full name, description and address (if possible) of the person you want restrained. If the person you want restrained does not already know your address, be prepared to provide an address you are comfortable with that person knowing. They will need to have an address at which you can be served (by mail) with any response that may be filed.
- Make a written record of specific examples with the dates/times that the person has abused you and be prepared to provide this information at the clinic.
- Bring any police report or other written evidence of the abuse.
Elder Abuse Restraining Order forms (for asking for or responding to restraining orders)
What is Elder or Dependent Adult Abuse?
Abuse of an elder or a dependent adult is abuse of:
- Someone 65 years old or older; or
- A dependent adult, who is someone between 18 and 64 that has certain mental or physical disabilities that keep him or her from being able to do normal activities or protect himself or herself.
The law says elder or dependent adult abuse is:
- Physical abuse, neglect, financial abuse, abandonment, isolation, abduction (taking the person out of the state against his or her will), or other behavior that causes physical harm, pain, or mental suffering; OR
- Deprivation by a caregiver of things or services that the elder or dependent adult needs to avoid physical harm or mental suffering.
Read about the law in Welfare and Institutions Code section 15610.07.
If you are an elderly person or a dependent adult being abused in any of these ways or you feel afraid or controlled by a family member, a spouse/partner or former spouse/partner, or a caregiver, it may help you to talk to a counselor, even if you do not want (or are not sure if you want) to ask for legal protection.
What Can a Restraining Order Do?
A restraining order is a court order. It can order the restrained person to:
- Not contact you or any member of your household;
- Not go near you, or family members who live with you, no matter where you go;
- Stay away from your home, work, vehicle, or other places you go to a lot;
- Move out of your house (if you live together); and
- Not have a gun.
Once the court issues (grants) a restraining order, it goes into a statewide computer system. This means that law enforcement officers across California can see there is a restraining order in place.
When you go to court for the hearing that was scheduled for your TRO, the judge may issue a “permanent” restraining order. They are not really “permanent” but can last up to 5 years. Before the end of those 5 years (or whenever your order runs out), you can ask to renew the restraining order to last a longer period or permanently so you remain protected.
Effect of a Restraining Order on the Restrained Person
For the person to be restrained, the consequences of having a court order against him or her can be very severe:
- He or she will not be able to go to certain places or do certain things.
- He or she might have to move out of his or her home.
- He or she will generally not be able to own a gun. (And he or she will have to turn in, sell or store any firearms he or she has and not buy a gun while the restraining order is in effect.)
- The restraining order may affect his or her immigration status. If you are a person to be restrained and are worried about this, talk to an immigration lawyer to find out if you will be affected.
If the person to be restrained violates the restraining order, he or she may go to jail, pay a fine, or both.
Are there fees to file an Elder Abuse Restraining Order?
There is no charge for a person seeking protection to file Elder Abuse Restraining Order papers at the court.