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Legal Information: California

Restraining Orders

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June 16, 2021

Am I eligible for a restraining order to prevent elder or dependent adult abuse?

If you are 65 years old or older (an “elder”) or a dependent adult who is being abused, you can apply for a restraining order to prevent elder or dependent adult abuse.1 A dependent adult is a person between the ages of 18 and 64 who has physical or mental limitations that restrict his/her ability to carry out normal activities or to protect his/her rights or who is admitted as an inpatient to a 24-hour health facility.2

You can also file for a restraining order on behalf of an abused elder or dependent adult if you are:

  • his/her conservator or trustee;
  • his/her attorney-in-fact, acting within the authority of the power of attorney;
  • appointed as a guardian ad litem for the elder or dependent adult; or
  • any other person legally authorized to seek such relief.3

1 Cal Wel. & Inst. Code §§ 15657.03(a)(1), 15610.27
2 Cal Wel. & Inst. Code § 15610.23(b)
3 Cal Wel. & Inst. Code § 15657.03(a)(2)