California Elder Abuse Restraining Orders
Here’s everything you need to know about elder abuse restraining orders in California and a step-by-step guide on how to get one.
Elder or dependent abuse restraining orders are issued to protect persons that are dependent or over the age of 65 from violence, isolation, abduction, neglect, abandonment, or deprivation. To get an elder abuse restraining order in California, fill out and file the court forms. The judge may issue a TRO. Serve the restrained person and file your proof of service. Attend court. If the permanent restraining order is granted, complete any final paperwork.
What is elder or dependent abuse?
Elder abuse, also known as dependent abuse, is the abuse of an adult that is dependent or over the age of 65. Under California law, elder/dependent abuse can include
- Physical, emotional, or sexual violence
- Isolation
- Abduction
- Neglect
- Abandonment
- Deprivation
What is an elder abuse restraining order in California?
An elder abuse restraining order is a court order issued to protect individuals that are dependent or over the age of 65 from violence, neglect, or abandonment.
Who can get an elder abuse restraining order in California?
You can seek an elder abuse restraining over if you are:
- Over the age of 65 OR
- Between the ages of 18 and 64 and have a certain physical and/or mental disability that prevents you from completing routine tasks independently AND
- Are a victim of abuse, neglect, abandonment, or deprivation
You may be eligible for both elder abuse and domestic violence restraining orders if the person you’re seeking the court order against is a current or former family member or cohabitant.
What can an elder abuse restraining order do in California?
An elder abuse restraining order can restrain a person from:
- Contacting protected persons or affiliates
- Living in the same home as the protected person
- Avoiding places people protected by the restraining order go
- Owning a gun
How to Get an Elder Abuse Restraining Order in California
To get an elder abuse restraining order in California, complete the court forms, and take them to the court. The clerk will hand your forms to the judge, who may issue a temporary restraining order within one business day. Return, file, and distribute the forms. Serve the restrained person, then file your proof of service. Attend the court hearing. If the “permanent” elder abuse restraining order is issued, file any remaining paperwork.
1. Complete the Standard Court Forms
Fill out:
- Request for Elder or Dependent Adult Abuse Restraining Orders (Form EA-100)
- Confidential CLETS Information (Form CLETS-001)
- Items 1 and 2 of the Notice of Court Hearing (Form EA-109)
- Items 1, 2, and 3 of the Temporary Restraining Order (CLETS — TEA or TEF) (Form EA-110)
- Civil Case Cover Sheet (Form CM-010) [you may or not need this depending on the court you’ll be filing at]
If you need more space to explain why the restraining order is needed, fill out:
- Additional Page (Form MC-020) OR
- Attachment to Judicial Council Form (Form MC-025)
2. Fill Out Any Local Court Forms
Depending on the court you’ll be filing the restraining order at, you may need to complete additional forms. Contact your local court and ask if there are any additional forms you need to fill out. If so, complete them.
3. Have a Lawyer Review the Forms
It’s crucial that these forms are filled out properly. Have an attorney review your forms before you take them to the court. After an experienced lawyer has gone over them, make at least 5 copies of each form.
4. Take Forms to the Local Court Clerk
Go to your local court and hand these forms to the court clerk. He or she will submit these forms to a judge for reviewal. A judge may issue a temporary restraining order within one business day. Ask the court clerk how you should proceed and when you should return. You may need to speak to the judge on the day you file the restraining order.
5. Find Out Your Court Date & If the Judge Issued a TRO
Go back to the court clerk and find out if the judge issued a TRO (lasts until the court date). Also, see when your court hearing date is by looking at the Notice of Court Hearing (Form EA-109).
6. File the Forms
If the TRO was issued, the court clerk will automatically file your forms. The court clerk will stamp all forms “Filed”, hand you back the copies, and keep the original forms. You will not be asked to pay a filing fee.
7. Distribute Copies of the TRO
If the TRO was issued:
- Keep one copy with you (or the protected persons) at all times
- Keep another copy in a safe place
- Give copies to any security guards at your home or workplace
8. Serve the “Restrained” Person
Find out when you need to serve the papers by (it’s on Form EA-109). Get someone over the age of 18 to serve the filed forms to the “restrained” person, along with these blank forms:
- Response to Request for Elder or Dependent Adult Abuse Restraining Orders (Form EA-120)
- Proof of Firearms Turned In, Sold, or Stored (Form EA-800)
For more information on how to properly complete the service of process, contact an experienced attorney today.
9. File Your Proof of Service
After the process server has completed the service of process, he or she must fill out a Proof of Personal Service (Form EA-200). File this form, then distribute copies of the filed form to anyone that you gave the TRO.
10. Attend Court
At the court hearing, a judge may:
- Issue the restraining order
- Issue parts of the restraining order
- Deny the restraining order
- Postpone the hearing
11. After Court
If the judge issued the “permanent” elder abuse restraining order at the court hearing, complete an Elder or Dependent Adult Abuse Restraining Order After Hearing (Form EA-130). Make sure the judge signs this filled out form, then serve copies of it to the restrained person. Then file either:
- Proof of Personal Service (Form EA-200)
- Proof of Service of Order After Hearing by Mail (Form EA-260)
If the restrained person did not attend the court hearing, he or she must be served in person.
FAQs
What are the penalties for violating an elder abuse restraining order in California?
Civil and/or criminal action may be brought upon persons that violate an elder abuse restraining order against them in California.
Can I file an elder abuse restraining order on behalf of my parent in California?
Yes, you can file an elder or dependent abuse restraining order on behalf of your parent or dependent in California.
Free Consultation With an Elder Abuse Attorney in California
If you need an elder abuse restraining order in California, contact us. We’ll get you in touch with the most qualified lawyer for your unique legal situation. Get your free consultation with one of our California Elder Abuse Attorneys today!