Elder or Dependent Adult Abuse Restraining Order |
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What is a Elder or Dependent Adult Abuse Restraining Order?An elder or dependent adult abuse restraining order applies to a person seeking a protective order who falls within the definition of an elder or dependent adult as follows: An elder is defined as a person who is 65 years or older, or A dependent adult is defined as a person who is between the
age of 18 to 64 years and who has a mental or physical limitation that
restricts his/her ability to carry out normal activities, and your are a
victim of:
The packet of forms necessary to obtain an elder or dependent adult abuse restraining order can be obtained at the Cashier's Window at the William R. Ridgeway Family Relations Courthouse, Room 100. You may download the necessary forms by clicking on the form names below:
Filing FeeNo filing fee is required. Where do I file my forms?Present the completed petition for protective orders forms to the Family Law Filing Window in Room 100 (Red Line), of the William R. Ridgeway Family Relations Courthouse. The clerk will conduct a mini-interview with you to clarify your request and to ensure that you filled the forms correctly. You can get help from the following agencies:
When will I get my order?If your forms are filed before 2:00 p.m. you will receive your order at 4:00 p.m. the same day. If the forms are filed after 2:00 p.m., then they will be ready for pickup after 4:00 p.m. the next business day. You must go to Window 3 in Room 102 of the Family Law Records unit, at 4:00 p.m. to receive the judge's decision on your application for a protective order. If your request is granted, a hearing will be set for you and the other party. It is your responsibility to have other person personally served. Proof of service for the other person must be presented and filed with court prior to or at the time of the Elder or Dependent Abuse Restraining Order hearing. How to get the other party served?If the party being served lives or works in Sacramento County, the Sheriff can serve the document. There is a Sheriff's Civil Division Office in Room 313 of the Family Relations Courthouse that is open from 8:30 a.m. to 3:30 p.m., Monday through Friday. They can assist you in getting the other person served. If the person to be served lives and works outside of Sacramento County, contact the sheriff of that county for help. If you prefer serving the restrained person on your own, ask someone you know to serve (give) a copy of the order to the restrained person. The server must be over 18 and not be one of the parties protected by this order. What if I can't get the protective order served in time for the hearing?There are two ways you can continue your court date on your elder or dependent adult abuse case. If you have been unable to serve the defendant, you will need to obtain an "Application and Order for Reissuance of Order to Show Cause (Elder or Dependent Adult Abuse)," Judicial Council Form EA-125. This Judicial Council form is available at the Cashier's Window of the Family Law Filing Counter at the William R. Ridgeway Family Relations Courthouse, between the hours of 8:30 a.m. to 4:30 p.m. This form must be completed and filed along with a copy of your prior petition for protective order attached to the form prior to the date of your scheduled hearing. You may also orally request a continuance in court during your hearing. If your request for continuance is granted, the Judge will sign the Application and Order for Reissuance form and set a new hearing date. Both methods extends your Temporary Restraining Order so you will be protected until the new hearing date.
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