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.

Assistance Completing Elder or Dependent Adult Abuse Restraining Order Forms

The Self Help Center offers a workshop to help people with the process to apply for an Elder Abuse Restraining Order. The workshop is held Tuesdays, excluding court holidays, with check in at 8:45 a.m. If you need an interpreter, you may use a family member or friend. No appointment is necessary. Click HERE to join the workshop at the scheduled time. - external link

Where do I file my forms?

Domestic Violence and Elder Abuse Restraining Orders

  1. Domestic Violence and Elder Abuse Restraining Orders can be filed via the court drop-box (located at the Family Court @ 3341 Power Inn Road, Sacramento, CA 95826) or by emailing to Dept127@saccourt.ca.gov.
  2. The requesting party must provide a valid telephone contact number on their documents in order for staff to contact them regarding filing deficiencies and the status of their pending request. Applications received Monday through Friday between the hours of 8 am and 2 pm, may result in a same day order, if all paperwork is successfully completed. Those filed after 2 pm will likely be completed and ready the following business day.
  3. Once the court grants or denies the request, court staff will contact the filing party by phone to arrange pick-up accordingly at the drop-box. Certified copies as prescribed by law will be provided.
  4. Any future hearings will be set for Zoom telepresence hearings. Instructions on how to participate in a Zoom hearing will be provided as Zoom hearings are scheduled.
  5. The court will also issue Family Court Services referrals for mediation in cases with related custody and visitation issues.

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?

If the party to be served lives or works in Sacramento County, the Sheriff's Civil Bureau - external link can serve the documents to the other party. They are located in Room 313 of the William R. Ridgeway Family Relations Courthouse. 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.

If you prefer, someone you know can serve the restraining order documents to the respondent. The server must be over 18 and not one of the parties protected by your 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 for Continuance Packet. The forms must be completed and filed along with a copy of your original Notice of Court Hearing 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 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.