What is an Elder or Dependent Adult Abuse Restraining Order?

An elder or dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of an elder or dependent adult:

  • and a victim of:
    • physical or financial abuse,
    • neglect, abandonment, or isolation, or
    • treatment that has been physically or mentally harmful to the elder or dependent adult.

What if I am Only Seeking Contact with an Elder or Dependent Adult?

If you have a pre-existing relationship with an elder or dependent adult and that person’s caretaker is not allowing you contact, you may request a restraining order to allow contact so long as the elder or dependent adult is not living in a long term care, residential facility or is a patient in a hospital.

Assistance Completing Elder or Dependent Adult Abuse Restraining Order Forms

For questions about completing a request for an Elder or Dependent Abuse Restraining Order, please contact the Self Help Center through e-Correspondence.

Where do I file my forms?

Present completed elder or dependent adult abuse restraining order forms to the Family Law Filing Department of the William R. Ridgeway Family Relations Courthouse.

What if I need an interpreter?

If you need an interpreter at your restraining order hearing, indicate on your paperwork when you file your restraining order forms so that one may be arranged for you.

How to get the other party served?

Anyone over the age of 18 who is not a protected party on your restraining order can serve the documents for you. This can be a friend or family member or you can pay a process server. If you do not have a friend or family member who can serve the restrained party and you cannot afford to pay a process server, if the restrained party lives or works in Sacramento county, the Sheriff's Civil Bureau - external link can serve the documents for you. If the person to be served lives and works outside of Sacramento County, you may contact the Sheriff of that county for help. Be sure to contact them promptly so they will have enough time to serve the respondent before the scheduled hearing date.

What if I can't get the protective order served in time for the hearing or I need a continuance?

You can continue the hearing. There are two ways to continue your court date on your elder or dependent adult abuse case. If you have been unable to serve the defendant, you will need to obtain a Request for Continuance Packet. The forms must be completed and filed along with a copy of your original Notice of Court Hearing prior to 1:00 p.m. on the day before your scheduled hearing.

You may also orally request a continuance in court during your hearing. If your request for continuance is granted, the Judge will sign an order and set a new hearing date.

Both methods extend your Temporary Restraining Order so you will be protected until the new hearing date.

Elder or Dependent Adult Abuse Prevention Resources

The Elder/Dependent Adult Abuse Prevention Resources sheet contains information regarding various Sacramento private and governmental agencies or organizations offering assistance to elders and dependent adults. This information is not just limited to restraining orders, but also has information on Reporting Abuse, Legal Services and Victim Services.