IF YOU ARE IN DANGER, CONTACT THE POLICE IMMEDIATELY – LAW ENFORCEMENT CAN OBTAIN AN EMERGENCY PROTECTIVE ORDER 24 HOURS A DAY.
You can request an elder abuse restraining order if you are:
- 65 years old, or older; or
- Are between 18 and 64 and have certain mental or physical disabilities that keep you from being able to do normal activities or protect yourself; and
You are a victim of:
- Physical or financial abuse, neglect/abandonment, treatment that mentally hurt; or
- Deprivation by a caregiver of basic things/services so you will not suffer physically, mentally, or emotionally.
This page only explains how to file an elder abuse restraining order in California. We also provide information on how to file a civil harassment restraining order, a workplace violence restraining order and a domestic violence restraining order.
Fill Out the Proper Documents
The person filing the petition will need to fill out, sign, and file the following documents:
- Form EA-100 → this form provides the judge with the details of your particular circumstances, and what you are asking the court to do.
- Form CLETS-001 → this form provides law enforcement with information about the person to be restrained.
- Items 1 and 2 of the Form EA-109 → this form will tell both you and the party you are seeking to restrain when to come to court for the hearing.
- Items 1, 2 and 3 of the Form EA-110 → this form requests that a temporary restraining order be granted until the hearing date (if you need more space you can use Form MC-020 as needed).
File the Documents
You will receive a hearing date and the judge will review Form EA-110 and sign it if a temporary restraining order is granted. The judge may also make changes to the parameters of the temporary restraining order.
Serve the Documents on the Other Side
The person from whom protection is sought must be personally served (handed) with all documents filed and be served with blank copies of:
- Form EA-120.
- Form EA-120-INFO.
- Form EA-800.
- The person from whom protection is sought must be served by the deadline the judge writes on documents (item 5; pg 2 of Form EA-109).
- File Proof of Service Form EA-200. If a person not served/not properly served you can file Form EA-115.
The Other Side’s Response & Hearing
The other party must, after being served with your Restraining Order paperwork, file and serve a response. If the restraining order is granted at the hearing, fill out and file Form EA-130.
How to Fight an Elder Abuse Restraining Order
If someone is trying to obtain an Elder Or Dependent Adult Abuse Restraining Order against you, they need to serve you with the following forms:
- Form EA-100 – this form has all the details of the restraining order and what is being alleged against you. Read this form carefully because it tells you what you are and are not allowed to do.
- Form EA-109 – this form tells you the date, time, and place of the court hearing.
- A blank copy of Form EA-120.
You need to read the forms that the other party filed with the court and served on you to find out exactly what they are alleging. Then fill out the Form EA-120 with your response. You need to respond with provable facts that dispute what is being alleged against you. Then file the form with the court and mail it to the other party.
Attach any documents that help with your case to the hearing. If there are any witnesses, get their statements in writing or bring them to court with you. If you have any photographs, a police report or any other evidence, make sure to attach them to your response and to bring it to the hearing. At the hearing, the judge will decide whether or not the restraining order should be granted against you.