Elder And Dependent Adult Abuse Restraining Orders

This section tells you about

How to get an Emergency Protective Order
What is a Restraining Order?
Fees
How to fill out and file the Restraining Order forms

Also see Elder Abuse Prevention/Reporting Resources on the RO Resources page.

How to get an Emergency Protective Order
If you are in danger, call 911!

If you are in danger, ask a law enforcement officer for an Emergency Protective Order. You can ask for an Emergency Protective Order any time of the day or night. But, an Emergency Protective Order only lasts for 5 - 7 days. To get a restraining order that lasts longer, you must file papers in Court.

If you need emergency shelter, food or medical care, or to report elder or dependent adult abuse, call Adult Protective Services: 408-928-3860 , or 800-414-2002 (toll-free)
What is a Restraining Order?
A Restraining Order can protect you from physical, emotional or financial abuse. It can also order someone not to harass you or destroy your property. A Restraining Order can also prevent someone from staying in your home unless that person is an owner in the property where you live. (Welfare and Institutions Code 15657.03 )

To get a Restraining Order, you must fill out court forms. You can get them from:
- The Restraining Order Help Center (free)
- Online at the Judicial Council Forms page (free) (Choose "Elder or Dependent Abuse" from the dropdown menu.)
- Bookstores and print shops that have legal forms.
For help filling out the forms:
- Contact Senior Adult Legal Assistance (SALA): 1425 Koll Circle, Suite 109, San Jose, CA 95112
  Click for Website
  Phones:
  San Jose: 408-295-5991
  North County: 650-969-8656
  South County: 408-847-7252
- Visit the Restraining Order Help Center 201 N. First Street, San Jose, CA 95113
- Call a lawyer for advice or to represent you in court. Look for a lawyer in your phone book or call the Santa Clara County Bar Association Lawyer Referral Service .
If you and the abuser have a close relationship (married, divorced, separated, dating or used to date, live together or used to live together as a couple), or are related (parent, child, brother, sister, grandmother, grandfather, in-laws), you can ask for a domestic violence restraining order. Learn how to ask for a domestic violence restraining order. If you and the abuser do not have a close relationship, as described above, follow the steps below to get an Elder or Dependent Adult Abuse Restraining Order.

If a conservatorship has already been filed, follow the steps below. But, file your restraining order forms on the first floor of the Main Courthouse at the Civil Division Calendar Office, Downtown Superior Court.

If a conservatorship has NOT been filed, file your restraining order at the Clerk's Office at the Civil Division Calendar Office at the Downtown Superior Court. If you need assistance you can go to the Restraining Order Help Center or contact SALA (see above).

There are two kinds of restraining orders: temporary and permanent. To stop a person from abusing you now, ask for a temporary order. There will be a court hearing in about three weeks so the judge can decide if the orders will continue for up to three years. Make sure to come to this court hearing.
Fees: There is no fee to file documents for elder or dependent adult abuse restraining order cases.
How to fill out and file the Restraining Order forms:
All Elder Abuse filings should be filed at the Downtown Courthouse location at 191 N. First Street, San Jose, CA 95113.

Step 1	Fill out these forms neatly in blue or black ink: CV-5014 Declaration in Support of Ex Parte Application for Civil Restraining Orders EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders EA-120 Response to Request for Elder or Dependent Adult Abuse Restraining Orders CLETS-001 California Law Enforcement Telecommunications System (CLETS) Information Form You also need this form, but leave it blank! EA-110 Temporary Restraining Order You can download the forms from this site. Just click on the form number. Or, get them from SALA or the Restraining Order Help Center. You can download the forms EA-100 , EA-120 and EA-110 from the Judicial Council’s Self-Help Center by clicking on the form numbers. Or, buy them from a bookstore or stationery store. (Check the Yellow Pages under Legal Documents.) Fill out the forms carefully and neatly otherwise a judge can deny the order. Check all of the boxes that apply. Then, make four copies. The information on the Law Enforcement Supplemental Information Form is confidential and will not go in your court file. Fill out the form as completely as possible, since the information is important to the police when they have to enforce the order. The Sheriff will put this information in a special state computer so law enforcement can enforce the order anywhere in California. The Sheriff will also serve your forms on the restrained person if that person lives or works in this county. Just check the box on your Law Enforcement Supplemental Information Form if you want the Sheriff to serve your forms. You must give an address for service and that address must be complete, or the Sheriff will not be able to serve your papers. Even if your papers are not served, come to court anyway. The judge can extend your restraining order and give you a new court date. If you need help filling out the forms, contact: SALA or the Restraining Order Help Center.
Step 2	Take your forms and copies to the Civil Division Calendar Office on the first floor of Downtown Superior Court. If you need assistance you can go to the Restraining Order Help Center or contact SALA (see above). Ask the clerk to file your papers. The clerk will check your papers and ask the judge to sign them. The judge may want to ask you some questions. The clerk will tell you when you can come back to pick up your papers. When you pick up your papers, the clerk will tell you the time and date of your hearing. The clerk will also stamp the hearing on your form. You must go to court for your hearing or the orders will end. The clerk will then fax the forms to the Sheriff’s Office. If you prefer, you can take them yourself to the police department in the city where you live. You should also carry these forms with you wherever you go and keep a copy in your car.
Step 3	Serve the papers. If you don’t want the Sheriff to serve your documents, you must have them served yourself. Have someone else– not you – personally give the person you want protection from endorsed-filed copies of: EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders EA-120 Response to Request for Elder or Dependent Adult Abuse Restraining Orders And a blank EA-110 Temporary Restraining Order These documents must be served at least 5 days before the hearing. You cannot serve the papers yourself and they cannot be mailed. Ask: An adult (18 or older), or A professional process server (see the telephone book), or The Sheriff's Office (check the box and sign your California Law Enforcement Telecommunications System (CLETS) Information Form (CLETS-001 ) The person who serves the papers must fill out and sign: EA-200 Proof of Service Ask the server to give you the completed form. Then, take it to the clerk to file it. If the Sheriff served your papers, they will file the Proof of Service and mail you a copy. To make sure they served your papers, you can call the Sheriff at: 408-299-2005 , or 408-299-2006 . If you cannot serve the person to be restrained within at least 5 days before the hearing, go to court on the hearing day and fill out a Request to Continue Court Hearing and to Reissue Temporary Restraining Order, EA-115 . At the hearing, explain the situation to the judge, file EA-115 with the clerk and try again to have the person served.
Step 4	Get ready for your hearing: Fill out form EA-130 , Elder or Dependent Adult Abuse Restraining Order After Hearing, and another California Law Enforcement Telecommunications System (CLETS) Information Form (CLETS-001 ) as completely as possible. If the judge approves the order, s/he will sign these forms at the hearing.
Step 5	Go to your hearing. Arrive early. Find your courtroom. It is written on EA-100 . Look for your name on the court calendar outside the courtroom. Bring a filed copy of the Proof of Service with you and any evidence, like police reports or photos that support your case. If you are afraid of the person you want protection from, let the clerk know when you file your forms or the bailiff on the day of the hearing. They will make sure you are safe.
Step 6	If the judge approves the order… Take your form EA-130 (Elder or Dependent Adult Abuse Restraining Order After Hearing) that has been signed by the judge to the Clerk’s Office and file it. Ask the clerk for certified copies. The clerk will FAX the Restraining Order to the Sheriff's Office and any police departments in Santa Clara County you list on your form. The Sheriff will put your information in a special computer so law enforcement can enforce the order anywhere in California. Do not leave court without certified copies of your filed Order!
Step 7	Serve the Restrained Person If the restrained person was not in court, you must have him/her served with the Restraining Order After Hearing. Follow the instructions for service in Step 3 above. Then, file the completed Proof of Service with the clerk.
Step 8	Stay safe. Keep a copy of your Restraining Order with you always. If you are in danger, call 911 . When the police arrive, show them a copy of the Restraining Order.