Restraining Orders - Elder or Dependent Adult Abuse
Elder or Dependent Adult Abuse Restraining Order
An elder or dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of an elder or dependent adult, and a victim of:
- physical or financial abuse,
- neglect, abandonment, or isolation,
treatment that has been physically or mentally harmful to the elder or dependent adult, or
deprived by a caregiver of goods or services you needed to avoid harm or suffering, or emotionally abused by a caregiver.
Who can apply for an elder or dependent adult abuse restraining order?
In addition to the elder or dependent adult, the following persons may apply for a restraining order on behalf of the elder or dependent adult:
- A conservator or trustee of the elder or dependent adult.
- An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.
- A person appointed as guardian ad litem for the elder or dependent adult.
- Any other person legally authorized to seek such relief.
What forms do I need?
To apply for an Elder or Dependent Adult Abuse Restraining Order you will need the following forms to get started:
- Elder and Dependent Adult Abuse Restraining Order (EA-100)
- Notice of the Court Hearing (EA-109)
- Temporary Restraining Order (EA-110)
- Confidential CLETS Information (CLETS-001)
After I have completed the forms, what do I do?
Make three copies of the completed Elder and Dependent Adult Abuse Restraining Order (EA-100). Staple the original (and copies), then take the completed Elder and Dependent Adult Abuse Restraining Order (EA-100) and two copies, the Confidential CLETS Information (CLETS-001), the Notice of the Court Hearing (EA-109), and the Temporary Restraining Order (EA-110) to the courthouse for filing.
Where do I file my forms?
Present completed forms and copies to the new filings clerk in Room 103 of the Civic Center Courthouse.
If you will need an interpreter at your Restraining Order Hearing, tell the clerk in Room 103 when you file your restraining order forms so that one may be arranged for you.
There is no filing fee to file an elder or dependent adult abuse retraining order.
If you file your petition before 10 a.m., you may pick-up your restraining order the same day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
If you file your petition after 10 a.m., you may pick-up your restraining order the next court day between 2:30 p.m.- 4:30 p.m. at window #1 in the Civil Filing Office, Room 103.
Please pick up your order promptly to allow enough time to have the defendant(s) served with the Temporary Restraining Order and Notice of Court Hearing.
You can choose one of three ways to serve the defendant:
- You can go through the Sheriff’s Department (located in City Hall, Room 456 on the 4th Floor), or any law enforcement officer.
There is a fee unless you have a granted fee waiver to go through the Sheriff’s Department.
- Any person who is at least 18 years old and is not a party to the action can serve the defendant on your behalf. Make sure the person fills out the Proof or Personal Service (EA-200).
- Hire a process server. You can find one online by searching in a web brower for "process server." Make sure you get the completed Proof of Service form from the process server.
A Proof of Service must be completed and signed by the person who serves the other party. You must file the Proof of Service in Room 103 and bring a copy to your court hearing.
There are two ways you can continue your court date on your Elder or Dependent Adult Abuse case.
If you were not able to serve the defendant, you will need to request the Court to reissue the temporary restraining order. This request is made by completing the Request to Continue Court Hearing (EA-115) and the Order on Request to Continue Hearing (EA-116). The forms must be completed and filed along with a copy of your prior Temporary Restraining Order (EA-110), a minimum of two days before the date of your scheduled hearing.
You also may orally request a continuance in Court during your hearing. If your request for continuance is granted, the Judge will sign an Order on Request to Continue Hearing (EA-116) form and set a new hearing date.
Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.
The ACCESS Center on the Self-Help page can show you how to fill out the forms you will need, explain the filing process, and help you prepare for Court.
If you are 65 or older and are being abused physically, emotionally and/or financially by someone, call Legal Assistance to the Elderly at (415) 538-3333 for help with an Elder Abuse Restraining Order.