OBTAINING AN ELDER AND DEPENDENT ADULT ABUSE RESTRAINING ORDERS

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. Attorneys at the Evans Law Firm can assist with this process for a fee. Forms for elder or dependent adult abuse can be found at:

EA-100 - 

EA-100 Form (388 KB)

EA-102 -

EA-102 Form (278 KB)

 

EA-120 -

EA-120 Form (361 KB)

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 (see http://www.courtinfo.ca.gov/forms/fillable/ea125.pdf) 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 an attorney to represent you, contact The Evans Law Firm for a free and confidential initial consultation at 888-50-EVANS, 888-503-8267 or 415-441-8669 or info@evanslaw.com. After the initial consultation, fees that are discussed and agreed to in writing will apply.

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