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Get a restraining order when a California senior is being abused

On Behalf of | Apr 6, 2023 | Estate Administration & Probate

Elder abuse causes physical harm, pain, or mental suffering to a person over 65 or any dependent adult because of a psychological or physical disability. It also includes when needed items are withheld from these individuals. In California, about 200,000 people will experience elder abuse within the next 12 months, but many of those cases will go unreported.

Restraining orders for elder abuse

You can ask law enforcement to issue an emergency protective order if you are being abused. These orders stop the person from having contact with you for seven days. That gives you time to file the paperwork with the county court for a restraining order. Help is available if you need assistance completing the form, which is available online. Suppose you are related to the person committing the elder abuse or they live with you. In that case, you can also seek a domestic violence restraining order, according to the way the California elder law is written. This prohibits the person from going near you and requires them to move out of your house if living there. Filing the paperwork is free, and the judge must decide if he will issue a temporary restraining order within 24 hours.

Steps to getting a permanent restraining order

The judge will set a court date for you and the accused to appear in court. You will get to tell the judge how you feel you are being abused during the court hearing. If the judge agrees with you, he will issue a permanent restraining order for five years. You will need to renew the order at the end of that time.

Elder abuse causes physical or mental problems for many seniors, but getting restraining orders can help stop the person from contacting you.


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