California Appellate Tracker

Gordon B. v. Gomez

April 22, 2018

Elder or dependent adult may renew a five-year restraining order against abuse if s/he entertains a reasonable apprehension of future abuse, even if additional abuse did not occur during the initial five-year restraining period.

California Welfare & Institutions Code 15657.03 authorizes the issuance of a restraining order against abuse of a petitioning elder or dependent adult. This decision holds that to secure renewal of such an order after its initial five-year term, the petitioner need not present proof of additional abuse after issuance of the initial order. Instead, renewal is proper if the trial court finds the petitioner entertains a reasonable apprehension of future abuse.

California Court of Appeal, Second District, Division 1 (Bendix, J., sitting by assignment); April 10, 2018 (partial publication); 2018 WL 1737214

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