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?

File your forms at the courthouse:
File completed elder or dependent adult abuse forms at the Family Law Filing Department of the William R. Ridgeway Family Relations Courthouse.

File your forms online:
The eDelivery system is used to electronically file Domestic Violence and Elder or Dependent Adult Abuse Restraining Order paperwork to the Court to save you a trip to the courthouse. Completed forms must be filed Monday through Friday, excluding court holidays, no later than 1:00 p.m., to be considered and receive a response the same day. Forms submitted after 1:00 p.m. will be ready the next day. If you submit your paperwork after 1:00 pm or after hours and this is an emergency, please contact law enforcement or call 911.

Steps to file your forms through the eDelivery system:

  1. Complete the forms (type or hand-written);
  2. Print the forms;
  3. Sign the forms;
  4. Scan the forms;
  5. Create an account on the public case access system if you do not have one, or log in with an existing account.
  6. Follow the instructions on the eDelivery page to submit your forms. Once the documents have been successfully uploaded, you will see a page that displays a confirmation number and date from the system.
  7. Once the forms are processed, you will receive endorsed copies by email, in person at the William R. Ridgeway Family Relations Courthouse, or through the US Mail, depending on your selection. You will receive an email confirmation when the paperwork is complete.

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.