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:
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 mental or physical limitations that prevent them from carrying out their normal activities (dependent adult), who has been a victim of one or more of the following:
Physical, financial, mental or emotional abuse;
Neglect, abandonment, abduction, or isolation;
Treatment that has caused physical harm or pain or mental suffering; OR. Deprived by a caregiver of goods or services needed to avoid harm or suffering.
Can You Answer Yes?
- Are you over the age of 60 and being abused?
- Is someone physically abusing you or causing you emotional harm?
- Is someone who helps you with the daily necessities of life threatening to hurt you?
- Is someone who helps you with the daily necessities of life misusing your money?
- Is an elder you know being abused?
For assistance on filing an Elder Abuse Restraining Order, go to Civil Harassment Restraining Order Clinics.
Elder/Dependent Adult Abuse restraining orders are filed in the Civil Business Office locations of this court.
For a list of forms and additional information on Elder Abuse, visit the California Courts Self Help Center website.
Domestic Violence Restraining Order Clinics
There are domestic violence clinics available throughout the county available to assist you with the preparation of the forms required to obtain a restraining order. Legal services organizations provide the following clinics.
San Diego Family Justice Center: Offers assistance with the restraining order application in a comfortable, safe setting downtown, while also offering a full array of wrap-around services such as advocacy, counseling, legal services and more.
If the domestic violence clinics are unable to serve you, Family Law Facilitators are available at all locations to assist you with paperwork. Assistance is provided on a first come, first served basis and appointments are not available. Be prepared to spend a minimum of one-half of a day to a full day at the court to obtain your restraining order.
There is NO FEE to apply for a Domestic Violence Restraining Order.
Things to bring with you when you complete your Restraining Order paperwork, if available:
- The address for the person you would like restrained
- Date of birth for the person you would like restrained
- Physical description of the person you would like restrained
- Photographs of any injuries
- Police report
Topics discussed regarding domestic violence may not be appropriate for minor children. While child care facilities are available at each courthouse, space is limited. If you have minor children, you are encouraged to make other child care arrangements.