English
EspañolWhat 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 order the abuser:
- not to abuse, harass, intimidate, molest, attack, strike, stalk, threaten, sexually assault, batter, isolate, or call the elder or dependent adult; this includes annoying phone calls;
- not to destroy the elder or dependent adult’s personal property or disturb their peace;
- not to contact the elder or dependent adult in any way, including in person, by mail, or through other people;
- to stay a certain distance away from the elder or dependent adult;
- to stay away from the elder or dependent adult’s pet or animal and not to do anything to harm or get rid of it; this includes not taking, hiding, threatening, or hurting it, or giving it away; and
- to move out of the elder or dependent adult’s home if certain legal requirements are met.1
In an order issued after a hearing, the judge can also order the abuser to attend counseling or anger management classes with a licensed mental health professional.2
Note: The protections in numbers 1-4, above, can also protect the elder or dependent adult’s family members, people who live with them, or their conservator if the judge believes there is a good reason (“good cause”) to include them.3
1 Cal. Wel. & Inst. Code § 15657.03(b)(5)(A)-(B), (d)
2 Cal. Wel. & Inst. Code § 15657.03(z)(2)(aa)
3 Cal. Wel. & Inst. Code § 15657.03(b)(5)(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 California Courts website.
How much does it 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)
