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Legal Information: California

Restraining Orders

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Laws current as of
January 11, 2024

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)