EA-100-INFO - Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?

Summary

Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?

Text

Form ID: EA-100-INFO
Title: Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?
Effective Date: 2025-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-100-INFO
Primary Download URL: https://www.courts.ca.gov/documents/ea100info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/ea100infoc.pdf, https://www.courts.ca.gov/documents/ea100infok.pdf, https://www.courts.ca.gov/documents/ea100infos.pdf, https://www.courts.ca.gov/documents/ea100infov.pdf
Form Detail Page:
Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?
(EA-100-INFO)
Explains what this type restraining order is and how you can be eligible.
Get form EA-100-INFO
汉语
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(Chinese Simplified)
한국어
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(Korean)
español
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(Spanish)
Tiếng Việt
Get form EA-100-INFO in Vietnamese
(Vietnamese)
Effective: January 1, 2025
Go to
How-to instructions for Elder Abuse
Go to
Elder Abuse Form Packets
PDF Text:
Judicial Council of California,  
Rev. January 1, 2025, Optional Form 
Welfare and Institutions Code, § 15657.03
Can a Restraining Order to Prevent Elder or 
Dependent Adult Abuse Help Me? 
(Elder or Dependent Adult Abuse Prevention)
EA-100-INFO Can a Restraining Order to Prevent Elder or Dependent 
Adult Abuse Help Me?
These instructions cannot cover all of the questions that may arise in a particular case. If you 
do not know what to do to protect your rights, you should see a lawyer.
What is a restraining order?
It is a court order that helps protect people from being 
abused.
Can I get a restraining order?
If you are a person 65 years or older or a dependent adult, 
you can ask for a restraining order if you have been or are 
being:
Physically abused
Financially abused
Mentally or emotionally abused
Neglected
Abandoned or abducted
Isolated, or
Deprived by a caregiver of goods or services you 
needed to avoid harm or suffering
How will the order help me?
The court can order a person to:
Not physically abuse, harass, hit, or threaten you
Not contact or go near you, and
Not have any firearms (guns), firearm parts, 
ammunition, or body armor. This includes firearm 
receivers and frames, and any item that may be used as 
or easily turned into a receiver or frame (see Penal Code 
section 16531). 
For more information about the items a restrained 
person cannot have, please see
You can also ask for protection for people who live 
with you and family members.
Who can apply for an elder or dependent 
adult abuse restraining order?
In addition to the elder or dependent adult, the 
following persons may apply for a restraining order on 
behalf of the elder or dependent adult:
A conservator or trustee of the elder or dependent adult
An attorney-in-fact of an elder or dependent adult who 
acts within the authority of the power of attorney
A person appointed as a guardian ad litem for the elder 
or dependent adult
Any other person legally authorized to seek such relief.
How much does it cost?
There is no fee for filing a request for a restraining order.
You do not need to pay a fee for service of the order. A 
sheriff or marshal will serve the order for free. Or you may 
arrange for service by a registered process server or a 
private party and pay any fee that is charged.
The court can make the person who loses the case pay all 
the court fees and the lawyer’s fees for the other party.
What forms do I need to get the order?
You must fill out all of form              , Request for Elder or 
Dependent Adult Abuse Restraining Orders, and form 
                    , Confidential CLETS Information. If you need 
attachments, you may use form               , Attachment. You 
must also fill out items 1 and 2 on form              , Notice of 
Court Hearing, and items 1, 2, and 3 on form              , 
Temporary Restraining Order.
Where can I get these forms?
You can get the forms from legal publishers or from the 
California Courts website at                                            
You also may be able to find them at your local courthouse 
or county law library.
What do I need to do to get the order?
You must go to the superior court in the county where the 
abuse took place or the person to be restrained lives. At the 
court, ask where you should file your request for a 
restraining order. (A self-help center or legal aid 
association may be able to assist you in filing your 
request.) At the court, give your forms to the clerk of the 
court. The clerk will give you a hearing date on the Notice 
of Court Hearing form, and if your request for immediate 
orders is granted, a copy of the Temporary Restraining 
Order signed by a judicial officer.
How soon can I get the order?
If you ask for a temporary restraining order, the court will 
decide within 24 hours whether or not to make the order. 
Sometimes the court decides sooner. Ask whether you 
should wait or come back later to get the signed Notice of 
Court Hearing and Temporary Restraining Order.
EA-100-INFO,  Page 1 of 3

Rev. January 1, 2025
Can a Restraining Order to Prevent Elder or 
Dependent Adult Abuse Help Me? 
(Elder or Dependent Adult Abuse Prevention)
EA-100-INFO Can a Restraining Order to Prevent Elder or Dependent 
Adult Abuse Help Me?
How long does the order last?
If the court makes a temporary order, it will last until your 
hearing date. At that time, the court will decide to continue 
or cancel the order. The order could last for up to five 
years.
How will the person to be restrained know 
about the order?
Someone age 18 or older— not you or anyone else to be 
protected by the order—must “serve” (give) the person to 
be restrained a copy of the order. The server must then fill 
out form              , Proof of Personal Service, and give it to 
you to file with the court. For help with service, ask the 
court clerk for form                          What Is “Proof of 
Personal Service”?
What if the restrained person does not obey 
the order?
Call the police. The restrained person can be arrested and 
charged with a crime.
Do I have to go to court?
Yes. Go to court on the date the clerk gives you.
Do I need to bring a witness to the court 
hearing?
Witnesses are not required, but it helps to have more proof 
of the abuse than just your word. You can bring:
Witnesses
Written statements from witnesses made under oath
Photos
Medical or police reports
Damaged property
Threatening letters, emails, or telephone messages
The court may or may not let witnesses speak at the 
hearing. So, if possible, you should bring their written 
statements under oath to the hearing. (You can use form 
               for this.)
Do I need a lawyer?
Having a lawyer is always a good idea, but it is not 
required and you are not entitled to a free, court-appointed 
attorney. Ask the court clerk about free and low-cost legal 
services and self-help centers in your county.
Will I see the restrained person at the 
court hearing?
If the person comes to the hearing, yes. But that person 
does not have the right to speak to you. If you are afraid, 
tell the court officer.
Can I bring someone with me to court?
Yes. You can bring someone to sit with you during the 
hearing. But that person cannot speak for you in court. 
Only you or your lawyer (if you have one) can speak for 
you.
What if I don't speak English?
When you file your papers, ask the clerk if a court 
interpreter is available. You can also use form               , 
Request for Interpreter (Civil) or a local court form or 
website to request an interpreter. For more information 
about court interpreters, go to 
EA-100-INFO,  Page 2 of 3

Rev. January 1, 2025
Can a Restraining Order to Prevent Elder or 
Dependent Adult Abuse Help Me? 
(Elder or Dependent Adult Abuse Prevention)
EA-100-INFO Can a Restraining Order to Prevent Elder or Dependent 
Adult Abuse Help Me?
Information about the process is also 
available online. 
See                                                                       
What if the restrained person's abuse caused 
me to owe money or debts?
If the restrained person’s financial abuse caused you to 
have certain debts or bills (such as using your name to 
open a credit card and make purchases that you didn’t 
agree to), you can ask the judge to make a special decision 
or finding that the restrained person caused you to have the 
debts or bills. This special finding may be helpful if you 
are sued for the debts or bills.
For help in your area, contact: 
[Local information may be inserted.]
Can I agree with the restrained person to 
cancel the order? 
No. Once the order is issued, only the judge can change or 
cancel it. You or the restrained person would have to file a 
request with the court to cancel the order.
What if I have a disability?
If you have a disability and need an accommodation while 
you are at court, you can use form                 Disability 
Accommodation Request, to make your request. You can 
also ask the ADA Coordinator in your court for help. For 
more information, see form                         , How to 
Request a Disability Accommodation for Court. 
EA-100-INFO,  Page 3 of 3

Retrieval chunks

• #1

  Form ID: EA-100-INFO Title: Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? Effective Date: 2025-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-100-INFO Primary Download URL: https://www.courts.ca.gov/documents/ea1…

• #2

  For more information about the items a restrained person cannot have, please see You can also ask for protection for people who live with you and family members. Who can apply for an elder or dependent adult abuse restraining order? In addition to the elder or dependent adult, the following persons may apply fo…

• #3

  Sometimes the court decides sooner. Ask whether you should wait or come back later to get the signed Notice of Court Hearing and Temporary Restraining Order. EA-100-INFO, Page 1 of 3 Rev. January 1, 2025 Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (Elder or Dependent Adult Abuse …

• #4

  What if I don't speak English? When you file your papers, ask the clerk if a court interpreter is available. You can also use form , Request for Interpreter (Civil) or a local court form or website to request an interpreter. For more information about court interpreters, go to EA-100-INFO, Page 2 …