California Partition Law Blog
The purpose of this article is to explain what an elder abuse restraining order is and why it is important. This type of restraining order prevents abuse against elder or dependent adults. (Cal Wel. & Inst. Code § 15657.03(a)(1).) The requirements to obtain this restraining order are laid out in the California Welfare and Institutions Code.
What are the requirements to get this type of restraining order?
To be eligible for this type of restraining order the person seeking it must be 65 years or older to qualify as an “elderly person.” To qualify as a “dependent adult” the person must be between the ages of 18 and 64 and have physical or mental limitations which restrict their ability to do normal activities and protect their rights. This applies whether they live independently or in an inpatient 24-hour health facility. For example, the facility could be a nursing home. This type of restraining order similarly applies if the diminished physical or mental ability is due to their age. (Cal Wel. & Inst. Code § 15610.23) Someone can file for a restraining order on behalf of an abused elder or dependent adult who has legal authority to seek such relief. This could be as their conservator, trustee, guardian, or acting in power of attorney. (White v. Davis (2023) 87 Cal.App.5th 270, 285.)