Elder Abuse Restraining Orders

Our Elder Law Attorneys Help Protect Seniors with a Restraining Order

Special protections and California elder laws have been put into place to protect senior citizens and dependent adults from abuse, including restraining orders authorized by Welfare and Institutions Code Section 15610.07 and 15657.03. Elders or senior citizens are people aged 65 or older.

Dependent adults are people between the ages 18 and 64 who have physical or mental impairments. Below, our elder law attorneys outline what to do to obtain an elder or dependent adult restraining order.

About Civil Harassment Restraining Orders in California 

A restraining order is a court order that requires someone not to contact you or stay away from you, your home (unless you are roommates), and your work. You can ask the court for a civil harassment restraining order if you are concerned about your safety for any number of reasons by someone with whom you do not have an intimate or familial relationship, including being:

• Stalked;
• Harassed; or
• Assaulted or sexually assaulted.

As one example of what you need to do in a particular county in the State of California to obtain an elder or dependent adult restraining order, the City and County of San Francisco has a specific website that has additional information about the process and forms you can download. You can also utilize the free help from San Francisco’s ACCESS Center.

Our Elder Law Attorneys Explain When A  Restraining Order is Necessary

Restraining orders are necessary when someone (including a caregiver):

• is hurting (either physically or emotionally) or taking advantage of you;
• is stealing money or assets from you;
• you are dating (or used to date) or married to (or were married to) and they are hurting or taking advantage of you;
• you are closely related to (like a parent, child, brother or sister, grandparent, or grandchild) and they are hurting or taking advantage of you.

For non-elder or dependent adult abuse related restraining orders, you will need to file a Domestic Violence Restraining Order, in the Family Law Department. For help in San Francisco, you can physically go to the Civic Center Courthouse, 400 McAllister Street, Room 009.

Who May Obtain An Elder or Dependent Adult Abuse Restraining Order?

The Evans Law Firm has attorneys that will represent seniors or dependent adults in either full representation or limited representation to obtain a restraining order. Elder and dependent adult restraining orders are controlled by Welfare & Institutions Code Sections 15610.07 and 15657.03.

These laws were created in order to protect elders and dependent adults from being abused. An “Elder” includes anyone 65 years of age and older. A “Dependent adult” includes anyone between the ages of 18 and 64 years of age and who has physical or mental limitations that restrict his or her ability to carry out normal activities, or an inability to protect his or her rights such as a person with developmental or mental disabilities. Welfare & Institutions Code Sections 15610.23.

How Can One Obtain An Elder or Dependent Adult Abuse Restraining Order?

Elder Abuse restraining orders can be requested by the Court by filing certain forms. A qualifying individual may apply on his or her own behalf, or with the assistances of others. The California elder law attorneys at the Evans Law Firm can assist with this process for a fee.

There is no fee charged by the court in San Francisco to file a Restraining Order for an elder or dependent adult abuse. Procedures vary for different counties in California.

How Can One Obtain Representation to Handle An Elder or Dependent Adult Abuse Restraining Order?

Persons who would like to handle this process without an attorney can visit the Family Law Facilitator’s Office in Room 009, 400 McAllister Street, San Francisco, before filing elder abuse forms in Room 103 at Windows 24, 25 or 26 for free assistance.

How Does One Serve An Elder or Dependent Adult Abuse Restraining Order?

Once the proper paperwork is filled out and filed with the court, restraining orders must be personally served on the respondent and a proof of service filed with the court. The Sheriff’s Department will serve them free of charge (and also file the proof of service) if the petitioner takes the papers to Room 456 City Hall. Requests for continuances because of difficulty serving the respondent require that the petitioner fill out an additional form and at the court’s discretion may be extended and the hearing continued for two weeks.

How Long Do the Elder or Dependent Adult Abuse Restraining Orders Take Effect, if Granted?

A judge or commissioner may issue a “permanent” restraining order effective for three years. It can also be renewed for another three years or permanently.

If you would like a California elder law attorney to represent you, contact The Evans Law Firm for a free and confidential initial consultation at 888-50-EVANS, 888-891-4906 or 415-441-8669 or info@evanslaw.com. After the initial consultation, fees that are discussed and agreed to in writing will apply.