Elder Restraining Orders

Elder Restraining Orders

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.