In California, you can obtain a restraining order to prevent elder abuse if you are elderly (age 65 or older) or a dependent adult (someone between the ages of 18 and 64 with mental or physical limitations that impose limitations in terms of carrying out normal activities) and the victim of abuse. If you have any questions or concerns about obtaining or responding to an elder restraining order here in California, contact our experienced California domestic restraining order attorneys.
What do These Orders do?
These types of court orders can be sought in order to ensure that someone else does not:
- Go near you or others you are seeking to protect, such as your children;
- Show up in any particular locations, such as your home or work;
- Fail to move out of your home; and/or
- Have a gun.
Legal Requirements
Under California law, “abuse” is defined as any one of the following:
- Abandonment
- Abduction
- A caregiver withholding goods or services that are necessary to avoid suffering
- Financial abuse
- Isolation
- Neglect
- Physical abuse
- Other treatment that results in pain, mental suffering, or physical harm
You have the option of obtaining either a:
- Temporary ex parte order: This will be issued the same day that you file for it or the next day, and will last until your hearing for the final order, which occurs between 21 and 25 days; or
- Final order; Which can last for up to five years.
Filing on Behalf of Someone Else
California also allows you to file for a restraining order on behalf of an elderly individual if you can be classified as any of the following:
- Their attorney-in-fact/possessing the authority of power of attorney;
- Their conservator or trustee
- Appointed as their guardian ad litem; or
- Otherwise legally authorized to seek relief.
What if the Abuser is Out of State?
It can be more difficult and complex to obtain an order over someone who is out of state. However, the court can exercise what’s called personal jurisdiction over this individual if:
The abuse occurred in your state
The individual is served while in your state
The individual has a “substantial connection” to your state—i.e. regularly travels there to visit family or for business, recently lived there, etc.
Can You Obtain More Than One Type of Restraining Order?
It is entirely possible for someone to need both an elder restraining order and a domestic violence restraining order, for example, if the victim is elderly and is being abused by a family member. The same thing applies to civil harassment restraining orders a workplace violence restraining orders, for example.
Contact Our California Elder Restraining Order Attorneys to Find Out More
If you have any questions about obtaining an elder restraining order, contact our experienced California restraining order attorneys today to find out more.
FAQs
An elder restraining order protects individuals aged 65 and older from physical abuse, neglect, or financial exploitation. These orders are critical for safeguarding vulnerable seniors from harm.
Any elder who feels they are at risk, or any concerned third-party, can petition for a restraining order. Consult a California elder law attorney to navigate this complex process.
Typically, elder restraining orders are temporary, usually lasting between 20 to 25 days. However, they can be made permanent through a court hearing where evidence is presented.
While a restraining order is a legal document that carries penalties for violations, its effectiveness also depends on how well it is enforced. Seniors should also take additional safety measures where possible.
Violation of an elder restraining order can result in criminal charges, fines, and even imprisonment. Always report any violations to the authorities promptly.
Note: This FAQ is for informational purposes only and should not be considered as legal advice. Always consult with a qualified attorney for your specific legal needs.
