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Elder abuse restraining orders

On Behalf of | Jul 21, 2022 | Domestic Violence |

Most people respect their California elders and treat them with dignity. Sadly, some don’t hold the same values. If abuse is happening, you should know when you can seek an elder or dependent adult abuse restraining order.

What is an elder or dependent adult abuse restraining order?

Older adults 65 and over and dependent adults who are victims of abuse can obtain a restraining order. If you are being abused by someone, you don’t have to have any specific relationship with that person to obtain an elder or dependent adult abuse restraining order.

Who is eligible for this type of restraining order?

Anyone who is 65 and older is considered an elder. A dependent adult is a person who lives in a nursing home or other similar facility where they receive continuous care. This could be a person between the ages of 18 and 64 who have limited abilities either physically or cognitively that prevent them from performing regular daily activities by themselves even when living independently. Both groups are eligible for this type of restraining order if they are being abused.

Abuse can be physical, sexual, mental or emotional. However, it can also include neglect, abandonment, abduction, isolation or even financial.

Some people are eligible for both an elder or dependent adult abuse restraining order and a regular domestic violence restraining order. For example, if the individual lives with a spouse, child or grandchild who is perpetrating the abuse, both types of restraining orders may be granted.

Restraining orders are meant to prevent an abuser from contacting the victim, their family members and anyone else who lives with them. They also serve to prevent the abuser from going to the victim’s home, workplace, school or anywhere else the victim frequents. Restraining orders also require the abuser to leave the victim’s home and prohibits them from having a firearm.