Elder/dependent adult abuse restraining orders are designed to protect individuals who fall within the definition of elder or dependent adult. These orders are applicable to individuals who are 65 years of age or older (elder) or individuals between the ages of 18 and 64 who have mental or physical limitations preventing them from carrying out their normal activities (dependent adult). If they have been a victim of physical, financial, mental, or emotional abuse, neglect, abandonment, abduction, isolation, treatment that caused physical harm or mental suffering, or have been deprived of goods or services necessary to avoid harm or suffering by a caregiver, they may qualify for a restraining order[^1^].
Can You Answer Yes?
- Are you over the age of 65 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 elderly person you know being abused?[^1^]
To file an Elder/Dependent Adult Abuse restraining order, individuals can visit the Civil Business Office locations. For comprehensive information on Elder Abuse, including the list of required forms, visit the California Courts Self Help Center website[^1^].
Domestic Violence Restraining Order Clinics
For individuals seeking assistance in obtaining a restraining order, various domestic violence clinics are available throughout the county. These clinics provide support in preparing the necessary forms. Legal services organizations operate these clinics in different regional locations:
- Central: 4th Floor, Room 417
- East County: Family Law Business Office North County
- South County: 1st Floor[^1^]
The San Diego Family Justice Center is another option for seeking assistance in a safe and comfortable environment. Located downtown, it provides not only help with restraining order applications but also offers advocacy, counseling, legal services, and more[^1^].
In case the domestic violence clinics are unable to assist, individuals can turn to the Family Law Facilitators available at all locations. These facilitators are there to provide paperwork assistance on a first come, first served basis. It’s important to note that appointments are not available, and individuals should be prepared to spend a minimum of half a day to a full day at the courthouse to obtain a restraining order[^1^].
It is crucial to emphasize that there is no fee associated with applying for a Domestic Violence Restraining Order[^1^].
When completing the Restraining Order paperwork, if available, individuals should bring the following information:
- The address of the person they want restrained
- Date of birth of the person they want restrained
- Physical description of the person they want restrained
- Photographs of any injuries
- Police report[^1^]
While discussing domestic violence, it is essential to consider the appropriateness for minor children. Although child care facilities are available at each courthouse, space is limited. Therefore, it is encouraged that individuals make alternative child care arrangements if they have minor children[^1^].
FAQs
Q: Who qualifies for an elder/dependent adult abuse restraining order?
A: Individuals who are 65 years of age or older (elder) or individuals between the ages of 18 and 64 with mental or physical limitations preventing them from carrying out normal activities (dependent adult) may qualify for an elder/dependent adult abuse restraining order.
Q: Where can I file an Elder/Dependent Adult Abuse restraining order?
A: The restraining orders can be filed at the Civil Business Office locations.
Q: Is there a fee to apply for a Domestic Violence Restraining Order?
A: No, there is no fee associated with applying for a Domestic Violence Restraining Order.
Q: What information should I provide when completing the Restraining Order paperwork?
A: It is helpful to provide the address, date of birth, physical description of the person to be restrained, photographs of any injuries, and a police report if available.
Conclusion
Obtaining a domestic violence restraining order can provide vital protection for individuals who have experienced abuse or harm. By qualifying for an Elder/Dependent Adult Abuse restraining order, individuals can seek legal and emotional support through various resources available in their region. It is essential to reach out to the appropriate clinics, offices, or facilitators for guidance during the process. Remember, there is no fee associated with applying for a Domestic Violence Restraining Order, ensuring access to legal protection for those who need it most[^1^].
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