Restraining Orders

You can apply for this kind of restraining order if you are being abused and you are:

• 65 years old or older (an “elder”); or
• a dependent adult.¹ 

You can also file for an abused elder or dependent adult restraining order if you are legally allowed to act for them. This includes if you are:

• their conservator or trustee;
• their attorney-in-fact, which means you have power of attorney and are acting within that authority;
• their court-appointed guardian ad litem; or
• anyone else legally allowed to act for them and file the restraining order.³

If the abuse involves isolation, an “interested party” can also file. They can only ask the court to stop the isolation­­.⁴ An “interested party” is someone who already has a personal relationship with the elder or dependent adult. You can show this by explaining how you know them, how much time you have spent together, or any other proof that you have regularly been part of their life.⁵

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)(A)
⁴ Cal. Wel. & Inst. Code § 15657.03(a)(2)(B)(i)-(ii)
⁵ Cal. Wel. & Inst. Code §§ 15657.03(b)(3)