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You are here: Protection from Abuse > Elder or Dependent Adult Abuse > Elder or Dependent Adult Abuse Problems & How to Ask the Court for Help
This section explains how to ask for a court order to protect an elder or dependent adult. Click on a topic below:
Where to File
Who can be protected by the orders?
Who can ask for orders?
What forms do I need?
A Judge Must Sign Your Petition
File Your Forms and Get a Hearing Date
Give Your Temporary Restraining Order to the Police
Personal Service
Proof of Service
What do I bring to the hearing?
File the Restraining Order
Deliver the Restraining Order
Serve the Restraining Order
Proof of Service
Where to File
File your forms at the courthouse in the county where the abuse happened or where some of the abusers live. Click here to find your court.
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Who can be protected by the orders?
A senior citizen or dependent adult who has been abused can get these orders. The law says that "abuse" is:
- Physical abuse, neglect, financial abuse, abandonment, isolation, kidnapping, or other things that cause physical harm or pain, or mental pain; or
- Denying things or services that someone needs to keep from being hurt or from suffering mental pain.
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Who can ask for orders?
These people can ask for orders:
- The person who wants protection,
- The conservator of that person, or
- A guardian ad litem chosen by the court that issues the restraining order.
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What forms do I need?
Fill out these forms. Make at least 3 copies.
Form EA-100, Petition for Protective Orders (Elder or Dependent Adult Abuse) (CLETS)
Form EA-120, Order to Show Cause and Temporary Restraining Order (Elder or Dependent Adult Abuse) (CLETS)
- You need 1 copy of the temporary restraining order for every police and sheriff's department or other law enforcement agency you want to enforce the order.
- Make copies for anyone else that will help you enforce the order.
- Keep 2 copies for yourself.
- Take the originals and all the copies to the court clerk.
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A Judge Must Sign Your Petition
You must get a judge to sign your forms. The court clerk will tell you where to go for this.
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File Your Forms and Get a Hearing Date
File your Petition for Protective Orders (form EA-100) and Order to Show Cause and Temporary Restraining Order (form EA-120) with the court clerk. Click here to find your court. Ask the clerk to "file-stamp" your copies.
The clerk will ask the judge to sign your Order to Show Cause and Temporary Restraining Order and give you a hearing date. This date will be on your Order to Show Cause.
You do not have to pay to file your forms.
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Give Your Temporary Restraining Order to the Police
Make sure that every order gets to the right police and sheriff's departments or other law enforcement agency. They need copies of these orders to enforce them. Ask the court clerk how to do this.
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Personal Service
After you file your signed order with the court clerk and get your "filed-stamped" copies, you must serve the person you want protection from.
This means that someone over 18-not you-must give the person you want protection from:
- A "filed-stamped" copy of your Petition for Protective Orders (form EA-100),
- A "filed-stamped" copy of your Order to Show Cause and Temporary Restraining Order (form EA-120), and
- A blank Response to Petition for Protective Orders (Elder or Dependent Adult Abuse) (CLETS) (form EA-110).
The other person must be served in person at least 2 days before the hearing.
The judge can't make any orders until the other person is served.
"Serve" means that your forms must be delivered to the person you want protection from in person.
To serve the papers, you can ask:
- A process server,
- The sheriff's department, or
- Anyone else over 18 that is not part of your case.
Remember: You (or the person filing the petition on your behalf) can't serve the other person. |
If you want to use a process server, you have to pay their fee. Give them a photo of the other person and a list of times and places when it will be easy to find him or her.
Note: You may not have to pay to serve the other person. If the person you want to serve is in jail, or if the judge says you don't have to pay, law enforcement will serve your papers for free. If you don't have enough money, you can ask for a fee waiver. Click here for fee waiver forms and instructions. |
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Proof of Service
After someone serves the other person, they have to fill out and sign a Proof of Service (personal) (form EA-140).
- Then you or the person who served the papers must file the completed form with the court clerk.
- Keep copies for yourself.
- Give a "filed-stamped" copy to every police and sheriff's department or other law enforcement agency you want to enforce the order.
The court clerk can give you more information on how to serve your papers
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What do I bring to the hearing?
- Bring copies of all the forms you filed with the court.
- Don't forget your Proof of Service forms.
- Fill out and bring a Restraining Order After Hearing (Elder or Dependent Adult Abuse) (CLETS) (form EA-130) form for the judge to sign.
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File the Restraining Order
At the hearing, the judge may change the orders you asked for in your Restraining Order After Hearing (form EA-130).
- After the judge signs the order, the court clerk will give you a copy of the signed order. Make at least 3 copies.
- File the original at the court clerk's office.
- Ask the clerk to "file-stamp" the copies for you.
- Give 1 copy of the signed order to every agency or other person who will help you enforce the order. Keep 2 copies for yourself.
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Deliver the Restraining Order
Make sure you give a copy of the restraining order to the police or sheriff's department or other law enforcement agency you want to enforce the order. Ask the court clerk how to do this.
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Serve the Restraining Order
If the other person didn't go to the hearing, they must be served in person with a "filed-stamped" copy of the Restraining Order After Hearing (form EA-130).
If the other person went to the hearing, you can send the "filed-stamped" order by mail.
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Proof of Service
After serving the other person, the server must fill out and sign a Proof of Service form. Use a Proof of Service (personal) (form EA-140) if the other person did NOT go to the hearing. Use a Proof of Service (mail) (form EA-141) if the other person did go to the hearing.
- File the original with the court.
- Keep copies for yourself.
- Give a copy of the proof of service and the order to the police, sheriff, and any other law enforcement agency you want to enforce the order. Ask the court clerk how to do this.
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Last modified: 01/05/2009
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