Elder Abuse
PLEASE NOTE: The Probate Court only addresses Elder Abuse petitions related to an existing or pending Conservatorship case. Please see the Civil Harassment page on other Elder Abuse matters.
State law defines what constitutes Elder Abuse. In order to protect elders and dependent adults from being abused, laws are in place. “Elder” means age 65 and older. “Dependent adult” means anyone between the ages of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights. The legal definition, found at Welfare and Institutions Code 15610.23 includes people with developmental disabilities or whose physical or mental abilities have diminished because of age. It also includes people in this age group who are inpatients in a 24-hour health facility as defined by the Health and Safety Code.
Requests for restraining orders of this type come to Court from different sources:
- Organizations such as Legal Assistance to the Elderly, Cooperative Restraining Order Clinic or Asian Pacific Islander Legal Outreach
- Adult Protective Services of the Human Services Agency of San Francisco
- A conservator may apply on behalf of a conservatee (either as part of the existing conservatorship case or as a separate new elder abuse case);
- A person with power of attorney may apply on behalf of the authorizing person; and
- A qualifying individual may apply on his or her own behalf.
FORMS
Forms for elder or dependent adult abuse are mandatory. There is no filing fee.
RESTRAINING ORDERS
- Requests for temporary restraining orders may be filed in the Probate Department if the elder for whom protection is sought is subject to an active Conservatorship.
- Requests for restraining orders must be personally served on the respondent and a proof of service filed with the Court. The Sheriff’s Department will serve them free of charge (and file the proof of service). If the petitioner takes the papers to Room 456 in City Hall. Temporary restraining orders may be extended if service cannot be completed before the hearing. In addition, the hearing continued for two weeks by filing form EA-115.
- At the hearing the Judge may issue a “permanent” restraining order effective for three years. The judge can renew for another three years or permanently.
- Elder and dependent adult restraining orders are controlled by Welfare & Institutions Code Sections 15610.07 and 03.
