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Restraining Orders to Protect the Elderly, the Disabled, and the Workplace

For two weeks we’ve covered the two main restraining orders in California. First it was the domestic-violence restraining order; then it was the civil-harassment restraining order.

Here are two more to mention for now.

One is a restraining order for elders and dependent adults. To get one, you must be at least 65 years old or a dependent adult, meaning you have a disability that makes you especially vulnerable to the other person. Then you must show that you’re suffering from physical, emotional, or financial abuse or neglect at the hands of that person. It can be a friend, relative, adviser, caretaker, anyone. You can apply on someone else’s behalf if you’re their trustee, guardian, or conservator or you have specific power of attorney or other legal authority to do so. In some cases, you may qualify for this kind of order and a domestic-violence or civil-harassment order.

If you get one, the court will order the other person to stay away from you; to not attempt to contact you in any way; to move out if they’re living with you; and to surrender any guns they may have. When you file for one, the court may grant a temporary order that lasts for three weeks until the hearing. Afterward, the court can extend the order for up to five years. For more information, here’s a good guide from the California courts. And for all the forms you may need, browse through here.

The other is a restraining order for workplace violence. This is for employers who want to protect an employee who’s being stalked, threatened, or abused. It must be filed by the employer, not the employee, but it can also serve to protect other employees and the workplace as a whole. The order lasts for up to three years. To get one, you must have reasonable proof of the violent or threatening behavior. Here’s more from the courts.

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