Elder and Dependent Adult Abuse
Elder and Dependent Adult Abuse
An elder/dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of elder or dependent adult as follows:
EITHER a person who is 65 years of age or older (elder) OR a person who is between 18 and 64 years of age and who has a mental or physical condition that prevents them from carrying out their normal activities (dependent adult),
AND is a victim of:
Physical or financial abuse.
Neglect, abandonment, abduction, or isolation.
Treatment that has physically or mentally harmed them.
Important: There are different types of restraining orders. If you need protection from someone but do not meet the criteria above, you can learn about civil harassment restraining orders using the Civil Harassment Forms Packet , in the Civil Forms menu.
Emergency Protective Order
When a law enforcement officer believes that there is a danger of domestic violence, child abuse, abduction or elder abuse, the officer will contact a judge to request that an emergency protective order be issued. This usually happens after law enforcement has been called to a person’s home due to a disturbance.
This type of protective order is only temporary, and only gives protection for a few days. The protected person must come to the court to file an application for a permanent restraining order before the Emergency Protective Order expires to remain protected.
How do I apply for an Elder Abuse Protective Order?
To apply for a protective order you must complete the following forms and file them with the court:
- Petition for Protective Orders (EA-100)
- Order to Show Cause and Temporary Restraining Order (EA-120)
- Confidential CLETS Information (EA-102)
- Declaration Re: Notice of Ex Parte Application (L-1124)
For assistance you may contact the Court’s Self Help Center.
Elder Abuse Protective Order hearings are held at 9:00 a.m. each day. Before your case can be heard by the judge you must give the other person at least four hours notice of your intent to request a protective order against them. If you do not give notice, you are required to explain to the judge in your written declaration why you did not do so and the judge will determine if you will need to be scheduled for another date to allow for notice to the other side.
What is the filing fee for an Elder/Dependent Adult Abuse Restraining Order?
There is no cost for filing forms in an elder/dependent adult abuse case.
How long does it take to get my order?
You will get your order on the same day you come to court if your papers are completed correctly and submitted to the Clerk’s Office before 4:00 p.m. If you want a person to assist you through the process you should be at the Court’s Self Help Center before 8:30 a.m. on the 1st Floor of the Central Justice Center.
How do I get the other party served?
You can ask the Sheriff in the county where the restrained person lives and works to serve the papers for you.
What if I could not serve the restraining order in time for the court hearing?
You should come to the court hearing and tell the courtroom clerk or the judge that you were unable to get the papers served. Your will get a new hearing date and new paperwork that will extend your restraining orders and continue to protect you until the new date. You will need to serve this new form, Request and Order for Reissuance of Temporary Restraining Order (EA-125), along with the original paperwork you received.
How long does an Elder/Dependent Adult Abuse Restraining Order last?
Elder/Dependent Adult Abuse Restraining Orders can last as long as 5 years.
My restraining order is about to expire. I feel that I still need to be protected, how can I extend the order?
A protected person can ask the court to renew a restraining order, either for another five years or permanently, whether or not there has been any more violence or threats of violence. If there is a need for renewal, you should apply before the original order runs out. To do this complete form, Request to Renew Restraining Order (EA-125).
You can ask someone you know to give the papers to the restrained person. The person who serves the papers must be over 18 years old and cannot be one of the parties protected by the order.
I have been accused of elder/dependent adult abuse and served with papers. How will this affect me?
If you want the chance to tell your side of the story in court, you may wish to seek legal advice. You may prepare and file a Response to Request for Orders to Stop Elder or Dependent Adult Abuse (form EA-110) and go to court on the date set for your hearing.
If the court grants the restraining order against you, the consequences can be severe:
- You will not be able to go to certain places or to do certain things.
- You might have to move out of your home.
- You will generally not be able to own or purchase a gun.
- If you violate the court orders, you may go to jail.
I received a restraining order from the court, but the restrained person is not following the Judge's orders. What can I do?
As the protected person you should always have a certified copy of the restraining order with you. If the restrained person violates the order by committing or threatening violence, you should call a local law enforcement agency. Once the police officer or sheriff’s deputy reads the order to see if it has been violated, he or she will decide what action to take. The restrained person may be arrested and criminal charges may be filed.
The other party and I resolved our differences; can I cancel the restraining order?
Only a judge can change or cancel a restraining before its time limit has passed. If you wish to make this request, you will need to complete the proper forms, file them with the court and obtain a hearing date to see the judge.