ELDER OR DEPENDENT ADULT RESTRAINING ORDERS

• IF THE ABUSE IS LIFE THREATENING, CALL 911. The police can issue an Emergency Protective Order to protect you.
• If the abuse is non-life threatening and taking place in a private home, you can report abuse to the Orange County Adult Protective Services Agency by calling their 24 hour hotline at 1-800- 451-5155.
• If the abuse is taking place in a licensed long-term care facility, such as a nursing home, call the California Attorney General’s hotline at 1-800-722-0432.
• You can also report elder abuse of any kind to the California Attorney General’s Elder and Dependent Adult Abuse Reporting Hotline by calling 1-888-436-3600.

There are several agencies that can provide you with help in getting a Restraining Order and other legal assistance, shelter, counseling, and treatment. Here are a few:

• Domestic Violence Assistance Program Office: This program can help you fill out the forms to get a Restraining Order.
• Superior Court of Orange County, Lamoreaux Justice Center (6th Floor Room C-611), 341 The City Drive, Orange, CA 92868
• Telephone: 1-714-935-7956
• Anaheim Family Justice Center: Offers comprehensive services.
• 150 W. Vermont Ave.
  Anaheim, CA 92805
• Telephone: 1-714-765-1645
• www.anaheimfamilyjusticecenter.org
• Legal Assistance:
• Senior Legal Hotline: 1-800-222-1753
• Legal Aid Society of Orange County: 1-714-571-5200
• Public Law Center: 1-714-541-1010
• Orange County Bar Association: 1-949-440-6747
• Shelters:
• Human Options: 1-877-854-3594
• Laura’s House: 1-949-498-1511
• The Sheepfold: 1-877-743-3736
• Women’s Transitional Living Center: 1-714-992-1931
• Interval House: 1-562-594-4555

• Physically abused
• Financially abused
• Mentally or emotionally abused
• Neglected
• Abandoned or abducted
• Isolated
• Deprived by a caregiver of goods or services you needed to avoid harm or suffering

If you are unable to request a Restraining Order on your own, a conservator or another person with legal authority to represent you may do so on your behalf. You can also ask that other family or household members or your conservator be protected by the Restraining Order.

Find out more information by reading Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (EA-100-INFO).

• Not abuse, harass, hit or threaten you
• Not to contact or go near you
• Not have a gun
• Move out
• And other orders

You can also ask for protection for people who live with you and family members.

• A conservator or trustee of the adult
• An attorney-in-fact of the adult who acts within the authority of the power of attorney
• A person appointed as guardian ad litem for the adult
• Any other person legally authorized to seek such relief

If the person you are seeking the Restraining Order against lives in Orange County or the alleged harassment or abuse took place in Orange County, the request for a Restraining Order should be filed in the Superior Court at the Lamoreaux Justice Center (Family Law Clerk’s Office, 7th Floor), 341 The City Drive, Orange, CA 92868.

Court hours are 8:00am-4:00pm, Monday-Friday. You can also ask for an immediate Temporary Restraining Order on the same day if your papers are completed correctly and filed with the Family Law Clerk’s Office before 4:00pm. A Temporary Restraining Order protects you until the hearing date.

Domestic Violence Assistance Program Office hours are 8:00am-4:00pm (closed from 12:00pm-12:30pm). If you want help with the forms and procedures, you can go to the Domestic Violence Assistance Program Office on the 6th floor in Room C-611, (phone number: 1-714-935-7956). If you want a Temporary Restraining Order issued on the same day, you should arrive at the Domestic Violence Assistance Program Office by 8:30am so that the forms can be completed in time to file in the Family Law Clerk’s Office by the 4:00pm deadline.

• Request for Elder or Dependent Adult Abuse Elder or Dependent Adult Abuse Restraining Orders (EA-100)
• Notice of Court Hearing (EA-109)
• Temporary Restraining Order (EA-110)
• Elder or Dependent Adult Abuse Restraining Order After Hearing (EA-130)
• Confidential CLETS Information (CLETS-001)
• Family Law Notice Re: Related Cases (L-1120)
• Declaration Re: Notice (L-1124)

• Online by clicking on the forms above.
• Get help in person with how to file a Restraining Order at the Domestic Violence Assistance Program - see above.

NOTE: The person seeking protection is called the protected person. The person you want protection from is called the restrained person.

You are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD1). The clerk will forward the documents to the Sheriff, if requested.

You may also request a person over 18 who is not involved in the case, or a licensed process server serve the documents. You can learn about serving the documents by reading the form What is "Proof of Personal Service"? (EA-200-INFO). The server or Sheriff must prove to the court that the documents were served on the person that you want restrained by filing a Proof of Personal Service (EA-200) with the court before the hearing date.

Refer to section 5 of the conformed copy signed by the judge of the "Notice of Court Hearing" (EA-109) form to determine what forms must be served on the respondent and the date they must be served by.

If the judge signs the restraining order, it expires on the date set forth in the order - up to 5 years. For more information on the orders made by the judge, read the filed copy signed by the judge of the “Elder or Dependent Adult Abuse Restraining Order After Hearing (EA-130)”.

You must have the restrained person served with a conformed copy signed by the judge of the "Elder or Dependent Adult Abuse Restraining Order After Hearing" (EA-130) as follows:

• If the restrained person was at the hearing no other proof of service is needed.
• If the restrained person was NOT at the hearing, and the judge’s orders are the SAME as the temporary order, you may have him or her served by someone over the age of 18 by mail.
• The server must complete a Proof of Service of Order After Hearing by Mail (EA-260).
• File the Proof of Service by Mail with the court as soon as possible.
• If the restrained person was not at the hearing, and the judge’s orders are different from the temporary order, you must have someone over the age of 18 serve the Restraining Order after Hearing in PERSON, not by mail. Or, you are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD2). The clerk will forward the documents to the Sheriff if requested.

KEEP A CERTIFIED COPY OF THIS ORDER AND PROOF OF SERVICE WITH YOU AT ALL TIMES in case you need to show it to a Law Enforcement Officer.

The protected person should always carry a certified copy of the Restraining Order. If the restrained person violates the order, call the police or 911 if it is life threatening. The police will decide what action to take. The restrained person may be arrested and criminal charges may be filed.

• You are entitled to free service by the Orange County Sheriff. Complete the Sheriff Instruction form (OCSD2). The clerk will forward the documents to the Sheriff if requested.
• OR, have someone at least 18 years old personally serve the retrained person with a copy of the forms listed in section 4 of the conformed copy signed by the judge entitled "Notice of Hearing to Renew Restraining Order" (EA-710).
• For more information on service, read the form called What is "Proof of Personal Service"? (EA-200-INFO).
• The person who serves the documents must complete the Proof of Personal Service (EA-200). This document must be filed with the court before your hearing.

The protected person can make a request to the court to extend (renew) a restraining order prior to the time in which it expires. You can agree or disagree with the request by filling out and filing with the court a form called Response to Request to Renew Restraining Order (DV-720).

Have someone at least 18 years old serve the protected person by mail with a copy of the Response. They must complete a Proof of Service by Mail (DV-250). Bring this form with you to the hearing.

The court will consider your Response at the hearing. You must continue to obey the current restraining order until the hearing. If you do not come to the hearing, the court may renew the order against you for up to 5 years or permanently.

Talk to a lawyer about your rights.

The judge may order that the restrained person not own, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while a Restraining Order is in effect. If a restrained person violates this order, it can result in jail and/or $1,000.00 fine. The restrained person must sell to a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that he/she has or control in accordance with the order of the court. If the court makes this order, the restrained person must comply and then file Proof of Firearms Turned In or Sold (EA-800). If the restrained person does not obey the court order, he or she can be charged with a crime. Read "How Do I Turn In or Sell My Firearms (EA-800-INFO)".

• Domestic Violence Assistance Center located at the Lamoreaux Justice Center
• Court staff in the Self-Help Centers
• Court staff located in the Family Law Clerk’s office at the Lamoreaux Justice Center
• California Courts Self-Help website on Elder and Dependent Adult Abuse
• Superior Court of Orange County Self-Help Resources and Attorney Referral
• Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (EA-100-INFO)
• National Domestic Violence Hotline: 1-800-799-7233
• Orange County Adult Protective Services Agency or call 1-800-451-5155
• California Attorney General’s Elder and Dependent Adult Abuse Reporting Hotline: 1-888-436-3600
• California Attorney General - Protecting Children and Seniors Information
• State Bar of California Elder Abuse Information
• Orange County Bar Association - Elder Abuse Protection Information
• National Center on Elder Abuse
• Bureau of Medi-Cal Fraud and Elder Abuse or call 1-800-722-0432
• Orange County Council on Aging or call 1-714-479-0107
• Orange County Council on Aging Financial Abuse Specialist Team: 1-714-479-0107 ext. 218
• Orange County Office on Aging or call 1-714-567-7500
• Orange County District Attorney-Elder Abuse Information
• Orange County Chapter Alzheimer’s Association: 1-949-955-9000