Elder or Dependent Adult Abuse Restraining Order

An Elder Abuse Restraining Order can be obtained if the victim is 65 years old or older and is a victim of physical or financial abuse, neglect or abandonment, has been physically or mentally hurt, or has been deprived of caregiving or basic physical, mental or emotional needs. A Dependent Adult Abuse Restraining Order can be obtained if the victim is a “dependent adult” defined by California law as anyone 18 years or older with a mental or physical disability that significantly impacts their ability to perform daily tasks.

Call (619) 500-1289 or Contact Attorney Timothy Riley and he can advise you and help you through all aspects of an Elder or Dependent Adult Abuse Restraining Order.

Who is an Elder or Dependent Adult?

California law defines “elder” as anyone 65 years or older. California Law defines a Dependent Adult as anyone 18-64 years old with a mental or physical disability that significantly impacts their ability to perform daily tasks.

Can I File on Behalf of an Elder or Dependent Adult?

Yes. If you are the caretaker of an elder or dependent adult who is being abused, you can file an “Request for Elder or Dependent Adult Abuse Restraining Orders” on their behalf. This includes conservators and those with power of attorney. The court may require you to provide
documentation that you are allowed to make legal decisions on this person’s behalf. If you do not fit into one of these categories, but still wish to file an Elder or Dependent Adult Abuse Restraining Order on behalf of someone else, you may petition to court to appoint you as “guardian ad-litem” of the elder or dependent adult you wish to help.

What Qualifies as Abuse? 

If you are in immediate danger, call 911 or seek help from your local law enforcement agency. Under California law, abuse of an elder or dependent adult includes:

  • Physical Abuse
  • Financial Abuse
  • Mental or Emotional Abuse
  • Neglect
  • Abandonment
  • Abduction
  • Isolation
  • Deprivation of goods or services you need to avoid harm or suffering by a caregiver

What Should I do if I am Being Abused?

If you are in immediate danger, call 911 or seek help from your local law enforcement agency. If you wish to restrain your abuser from contacting your or coming near you, you may file a Request for Elder or Dependent Adult Restraining Orders. If you are unable to prepare your own paperwork or go to court on your own, a caretaker (such as a conservator or power of attorney) may complete and file the request on your behalf. Completing a Request for Elder or Dependent Adult Abuse Restraining Orders will require you to compile a statement and evidence to show the court why you need to be protected.

If you or an elder/dependent adult in your care is being abused, we can help you prepare and litigate a case for an Elder or Dependent Adult Abuse Restraining Order. Call (619) 500-1289 or Contact Attorney Timothy Riley