Abuse of an elder or a dependent adult is abuse of:
The law says elder or dependent adult abuse is:
Read about the law in Welfare and Institutions Code section 15610.07 (external site ).
If you are an elderly person or a dependent adult being abused in any of these ways or you feel afraid or controlled by a family member, a spouse/partner or former spouse/partner, or a caregiver, it may help you to talk to a counselor, even if you do not want (or are not sure if you want) to ask for legal protection. Find counselors and resources in your county.
You can ask for an elder or dependent adult abuse restraining order if:
You are a victim of:
Your situation may meet the requirements for the elder or dependent adult abuse restraining order and the domestic violence restraining order (like if the person abusing you is a spouse or partner, or a child or grandchild). If this is your case, talk to a lawyer or legal aid agency to find out what is the best option for you. Your local domestic violence agency or local legal services offices may be able to help you.
A restraining order is a court order. It can order the restrained person to:
Once the court issues (makes) a restraining order, it goes into a statewide computer system. This means that law enforcement officers across California can see there is a restraining order in place.
For the person to be restrained, the consequences of having a court order against him or her can be very severe:
If the person to be restrained violates the restraining order, he or she may go to jail, or pay a fine, or both.
NEW: You can complete and use eSubmit to file your domestic violence forms online. Please print and read the instructions for completing domestic violence forms & eSubmit (pdf ) before you begin.
After completing your forms, use eSubmit to file your Elder / Dependent Abuse Forms (above).
|Form Packet Name||Description||Form Links||Resources|
|Request for Elder or Dependent Adult Abuse Restraining Order||Forms to request an Elder or Dependent Adult Abuse restraining order.||English (pdf )||Complete Forms
Online (external site )
|Response to Request for Elder or Dependent Adult Abuse Restraining Order||Answer to Restraining order if you want to respond or defend yourself against a restraining order being placed against you.||English (pdf )
Online (external site )
You do not need a lawyer to ask for (or respond to) a restraining order. BUT it is a good idea to have a lawyer, especially if you need special assistance of any kind.
The court process can be confusing and intimidating. Both people will have to see each other in court, and both will have to tell the judge details of what happened in a public courtroom. Having a lawyer can help make the process easier to handle.
Most cities or counties have legal aid agencies that help people ask for an elder or dependent adult abuse restraining order. These services are usually free or very low cost. Look for help in your area before you try to do it on your own.
Some places to start are: