Can I get an elder abuse restraining order in California?

Yes. Welfare and Institutions Code section 15657.03 lets an elder or dependent adult — or a conservator, trustee, or attorney-in-fact acting for them — seek a restraining order against an abuser. A judge can issue a temporary order without notice the day it is requested, with a hearing on a longer order within about three weeks.

California created a dedicated protective order for this exact situation. Under Welfare and Institutions Code section 15657.03, an elder or dependent adult who has suffered abuse — physical, financial, isolation, abduction, neglect, or treatment causing mental suffering — may seek a restraining order, and a conservator, trustee, attorney-in-fact, or other authorized representative may file on the elder's behalf when the elder cannot. The court can issue a temporary order ex parte, often the same day, ordering the abuser to stay away, stop contact, move out of the elder's home, and, since amendments effective 2016 and later, stop specified financial transactions involving the elder's property. There is no fee to file. A noticed hearing follows within about three weeks, where the order can be extended for up to five years; the restrained person must surrender firearms, and violations are criminally punishable. The restraining order runs parallel to, not instead of, a civil damages case under the Elder Abuse Act.

Authority: Cal. Welf. & Inst. Code § 15657.03