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Legal Information: California

Restraining Orders

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Updated: 
April 2, 2020

What protections can I get in a restraining order to prevent elder or dependent adult abuse?

A temporary ex parte order or an order issued after a hearing can do any of the following:

  1. prohibit the abuser from harassing, intimidating, molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, abusing, and telephoning you (including, but not limited to, making annoying telephone calls);
  2. prohibit the abuser from destroying your personal property or disturbing your peace;
  3. prohibit the abuser from contacting you, either directly or indirectly, by mail or otherwise;
  4. order the abuser to stay a specified distance away from you; and
  5. make the abuser move out of the home you share if certain conditions are met.1

In addition, in an order issued after a hearing, the judge can order the abuser to participate in mandatory clinical counseling or anger management courses provided by a counselor, psychologist, psychiatrist, therapist, clinical social worker, or other licensed mental or behavioral health professional.2

Note: The protections in numbers 1 – 4, above, can also protect the victim’s family or household members or the conservator upon showing that there is “good cause” to include them.3

1 Cal Wel. & Inst. Code § 15657.03(b)(3), (d)
2 Cal Wel. & Inst. Code § 15657.03(z)(1)
3 Cal Wel. & Inst. Code § 15657.03(b)(3)(A)

What are the steps to get a restraining order to prevent elder or dependent adult abuse?

The steps to get a restraining order to prevent elder or dependent adult abuse are similar to the steps to get a domestic violence restraining order.  If you have any questions, call the clerk of court.  You can find the contact information for your clerk on the CA Courthouse Locations page.

You can find forms related to restraining orders to prevent elder or dependent adult abuse on the court’s website.

 

How much do they cost?

There is no fee to file a petition for a restraining order to prevent elder or dependent abuse or to later modify, reissue or enforce the order. You also do not need to pay a fee for law enforcement to serve any order issued in your case.1

1 Cal Wel. & Inst. Code § 15657.03(q),(r)