Elder Abuse/Dependent Adult Restraining Order Forms

• Requesting an Elder Abuse/Dependent Adult Restraining Order
  • This type of restraining order may protect you, if you are being abused and you are:
    • 65 years old or older or
    • A dependent adult
  • The person applying for this order may be:
    
    • The elder or dependent adult
    • The conservator for the elder or dependent adult
    • The “attorney-in-fact” for the elder or dependent adult
• Responding to an Elder Abuse/Dependent Adult Restraining Order Request
  • If you have been served with an Elder Abuse/Dependent Adult Restraining Order Request, you may use these forms to let the Judge know your side of the story and where you agree or disagree with the request orders. You may also give your response verbally in court.
• Renew an Elder Abuse/Dependent Adult Restraining Order After Hearing
  • If you received an Elder Abuse Restraining Order After Hearing (EA-130), you may ask to renew (extend) the order during the 3 months BEFORE it expires.
  • You may request the extension for 5 years or permanently.
  • Pending criminal case: If you have a pending criminal case, you should speak to your lawyer or public defender BEFORE completing the Response forms. Anything you write in your Response or say at the court hearing can be used against you in your criminal case. When you go to court, let the Judge know there is a pending criminal case related to the issues in this case.

Each form packet has an instruction sheet and a sample packet to guide you page-by-page through the forms. If you are not sure which packet is best suited to your issues, please contact the Self-Help Center. Once you have completed forms, you may scan and email them to the Self-Help Center for review at SHCDocReview@scscourt.org.

Restraining Order forms may be reviewed at the Restraining Order Help Center located on the first floor of 201 N. First Street, San Jose, CA 95113.