Wednesday, September 17, 2014

Elder or Dependent Adult Abuse

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.

Filing Fee

You do not have to pay fees when filing these forms, but you will be required to complete the fee waiver application if you are going to ask the Sheriff's Department to serve the restrained party with the temporary restraining order.

Where do I file my forms?

Present the completed petition for protective orders 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, tell the clerk when you file your restraining order forms so that one may be arranged for you.

When will I get my order?

If your forms are filed before 2:00 p.m. you will receive your order at 3:45 p.m. the same day. If the forms are filed after 2:00 p.m., then they will be ready for pickup after 3:45 p.m. the next business day. You must go to Window 3 in Room 102 of the Family Law Records unit, at 3:45 p.m. to receive the judge's decision on your application for a protective order. In most cases, a hearing will be set for you and the other party. It is your responsibility to have other person personally served. Proof of service for the other person must be presented and filed with court prior to or at the time of the Elder or Dependent Abuse Restraining Order hearing.

How to get the other party served.

If the party being served lives or works in Sacramento County, the Sheriff can serve the document. There is a Sheriff's Civil Division Office in Room 313 of the William R. Ridgeway Family Relations Courthouse that is open from 8:30 a.m. to 3:00 p.m., Monday through Friday. They can assist you in getting the other person served. If the person to be served lives and works outside of Sacramento County, contact the sheriff of that county for help. Be sure to contact them promptly so they will have enough time to serve the other party before your hearing dates.

If you prefer serving the restrained person on your own, ask someone you know to serve (give) a copy of the order to the restrained person. The server must be over 18 and not be one of the parties protected by this order.

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 to Continue Court Hearing and to Reissue Temporary Restraining Order (EA-115) and a Notice of New Hearing Date and Order on Reissuance (EA-116). This form must be completed and filed along with a copy of your petition for protective order attached to the form prior to 2:00 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 the Order for Reissuance and set a new hearing date.

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

Where can I turn for help?

You can get help from the following agencies:

  • Sacramento County Adult Protective Services Hotline at 916-874-9377
  • Senior Legal Hotline at 916-551-2140