How to Obtain a Restraining Order for Elder Abuse

Elders experiencing physical or emotional abuse can seek legal protection from their abusers. If you are the victim of elder abuse, or know someone who is, here's how to get a restraining order.

Instructions

Difficulty: Moderate

1. Meet the definition of "elder" as defined by your state. Some states define elder as 65 or older, other states 60 or older.
2. Obtain evidence of the abuse. Evidence can include medical or police reports, visible injuries or photographs.
3. Visit the clerk's office of your local courthouse and request restraining order forms. Fill them out and file them with the clerk's office. Have as much information about your abuser as possible. Remember when filling out the restraining order forms that you are the plaintiff and the abuser is the defendant. There is usually no filing fee involved for filing a restraining order form.
4. Receive a temporary restraining order (TRO). Bring copies of your TRO and restraining order forms to your local police department for filing. Have the forms delivered to your abuser as well. A restraining order can be delivered to the abuser by the sheriff's office or by anyone over 18 years of age who is not affected by the order.
5. Set a court date. A hearing determines if the restraining order will extend for a period of months or years. Based upon the judge's decision, you get a permanent order of protection. In this case, permanent doesn't mean forever. A permanent order of protection usually lasts for a designated period, and then you must renew it.

Tips & Warnings

• Keep a copy of your restraining order on you at all times.
• Abuse can be physical, emotional or sexual. It can entail being constrained or being deprived of necessities for living, including food or water.