Civil Harassment and Elder Abuse Restraining Orders in California

California's civil harassment restraining order and elder or dependent adult abuse restraining order systems protect people from abuse and harassment that occurs outside the close personal relationships covered by domestic violence restraining orders. Understanding these protective order options — when they apply, how to obtain them, and how they interact with family law proceedings — is important for clients who are experiencing harassment, elder abuse, or threats from persons who are not intimate partners or family members.

Civil Harassment Restraining Orders in California

A civil harassment restraining order is available when harassment, stalking, threats, or violence is committed by someone who is not in a close domestic relationship with the victim. This includes neighbors, coworkers, classmates, acquaintances, and strangers — anyone who is not a spouse, former spouse, dating partner, cohabitant, or close blood relative. The civil harassment restraining order is processed through the civil division of the Superior Court, not the family law division. It can prohibit the restrained person from contacting, following, or coming within a specified distance of the protected person, their home, workplace, and vehicle.

What Constitutes Harassment Under California Law

Under Code of Civil Procedure section 527.6, harassment that qualifies for a civil harassment restraining order includes: a course of conduct — a pattern of conduct composed of a series of acts — directed at a person that serves no legitimate purpose and that seriously alarms, annoys, or harasses the person and causes substantial emotional distress; a credible threat of violence; or violent acts or threats of violence. The victim must show that they actually suffered substantial emotional distress and that a reasonable person in their position would have suffered the same. A single extremely serious incident can sometimes qualify, but the typical civil harassment case involves a pattern of conduct over time.

Elder Abuse Restraining Orders in California

California's Elder Abuse and Dependent Adult Civil Protection Act, Welfare and Institutions Code section 15600 et seq., provides specific protections for people aged 65 and older and for dependent adults aged 18 to 64 who have physical or mental limitations that restrict their ability to carry out normal activities. An elder or dependent adult abuse restraining order is available when an elder or dependent adult has been subjected to: physical abuse, neglect, abandonment, isolation, abduction, financial abuse, or other treatment that results in physical or mental harm. These orders can be sought by the elder themselves, a conservator or guardian, or in appropriate cases by a public agency.

Financial Elder Abuse in California

Financial elder abuse is the wrongful taking, secreting, appropriation, obtaining, or retention of money, real property, or personal property of an elder or dependent adult for the purpose of wrongful use or with the intent to defraud. Financial elder abuse is both a civil and criminal matter under California law. In the family law context, financial elder abuse sometimes arises when an elder parent's finances become entangled with an adult child's divorce proceedings, or when a caregiver takes advantage of a dependent adult whose family members are themselves in litigation. A restraining order to stop ongoing financial abuse of an elder is available on an emergency basis the same day the petition is filed.

Workplace Violence Restraining Orders

An employer can seek a workplace violence restraining order on behalf of an employee who has been subjected to harassment, threats, or violence in connection with their employment, or who faces a credible threat of violence that will likely be carried out in the workplace. Code of Civil Procedure section 527.8 authorizes employers — not employees themselves — to seek this type of order. A workplace violence restraining order can prohibit the restrained person from coming to the workplace and from contacting the employee at the workplace. These orders are temporary pending a hearing, at which the employer must present evidence supporting the need for continued protection.

How These Orders Interact with Family Law Proceedings

Civil harassment, elder abuse, and workplace violence restraining orders are separate from domestic violence restraining orders sought in family law proceedings, but they can coexist. A person who has a domestic violence restraining order against a former partner but is separately experiencing harassment from a neighbor or employer would seek a civil harassment order through the civil court for the neighbor situation while the DVRO proceeds in family court. When an elder is subject to abuse involving family members who are also involved in estate or guardianship litigation, the restraining order and the other proceedings may need to be coordinated.

Furubotten Law, APC handles civil harassment, elder abuse, and domestic violence restraining orders throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.