Elder abuse is a serious and, unfortunately, growing concern in California. The elder abuse restraining order process is a legal tool to protect vulnerable adults from further harm. When issuing the order, the court will impose conditions that the restrained person must follow. Failure to follow these conditions can result in criminal charges for violating a restraining order.

A conviction for violating the restraining order will attract severe legal and collateral consequences. Understanding the process of filing for the order and preparing for a hearing is critical. It can empower victims and their families to take swift action. Additionally, it can help individuals facing the order to follow the proper procedure for battling it.

If you or a loved one needs the urgent protection of an elder abuse restraining order, you must seek expert legal insight. The following are commonly asked questions on elder abuse restraining orders:

What are Elder Abuse Restraining Orders?

Elder Abuse Restraining Orders (EAROs) are legal orders issued by a court to protect specific individuals from abuse. It applies to elders age 65 or older and dependent adults with physical or mental limitations. An EARO aims to prevent harm and provide safety for vulnerable adults. Abuse prohibited by this disorder may involve:

  • Physical injury

  • Neglect

  • Financial exploitation

  • Abandonment

  • Isolation

  • Emotional harm

An EARO prevents further abuse by legally constraining the abuser. It may prevent the abuser from calling, coming near, or residing next door to the victim. California Code of Civil Procedure 527.10-527.16 describes elder abuse restraining orders.

Under this law, civil courts can rapidly provide protective orders based on sufficient evidence of abuse. The purpose is to use the law to protect vulnerable adults and keep them safe.

Who Can File an EARO?

In California, there is a specific criterion for obtaining an elder abuse restraining order. You may request an EARO if:

  • You are 65 years of age or older.

  • You are a dependent adult with physical or mental limitations that restrict your ability to perform everyday activities.

  • You are experiencing physical abuse, verbal threats, neglect, abandonment, or financial exploitation.

If you cannot request an EARO alone, specific individuals can legally request it. They include:

  • A legal guardian

  • A court-appointed conservator

  • An attorney

  • Someone holds your power of attorney.

These requirements ensure that vulnerable elders and dependent adults can access legal protection, even if they cannot advocate for themselves.

What Qualifies as Elder Abuse Under California Law?

Under California law, elder abuse includes several distinct forms of mistreatment toward individuals aged 65 or older. They include:

  • Physical abuse. This involves hitting, slapping, pushing, burning, or causing any form of bodily harm.

  • Emotional or psychological abuse. Under California law, abuse is not just physical. Emotional abuse includes verbal abuse, threats, intimidation, humiliation, or isolation.

  • Neglect. If the elder is under your care, you must provide them with the necessary care. This includes food, water, shelter, hygiene, and medical attention. Failure to provide these basics is considered abuse.

  • Financial abuse. An EARO protects the elder from financial exploitation. The order prohibits stealing from the protected person, forging signatures, or misusing their financial resources.

  • Abandonment or abduction. Leaving an elder alone without care or forcibly moving them without consent is also considered abuse.

  • Sexual abuse. Any non-consensual sexual contact or behavior directed at an elder is a serious offense.

How can I file an EARO in California?

Filing an elder abuse restraining order takes the following steps:

  • Complete the required court forms. You should start the process by filling out Form EA-100, the official request for an Elder Abuse Restraining Order. You may need additional forms depending on your situation.

  • File the forms with your local superior court. Take the completed documents to the courthouse in your county. The clerk will file them and provide a stamped copy for your records.

  • The judge will review your request. A judge will look at your paperwork the same day you file or by the next court day. The review is done quickly due to the urgency of these cases.

  • You may receive a Temporary Restraining Order (TRO). If the judge believes urgent protection is needed, they will issue an EA 110, which offers immediate protection. The order is effective immediately and lasts until the hearing.

  • The court schedules a court hearing. A date will be set for a hearing within 21 to 25 days. This is when both sides can present their case. You will receive Form EA 109, which is the notice of the hearing.

  • Serve the respondent. You must legally notify the person you are filing against. Professional services or law enforcement officers serve restraining orders.

  • Attend the court hearing. At the hearing, the judge will review the evidence presented and may issue a permanent order.

What Happens at the Court Hearing?

A court hearing for an EARO is a formal legal process where both sides present their case. It includes the petitioner, the person seeking protection, and the respondent, the person accused of abuse.

At the hearing, the petitioner and the respondent may present evidence to support their side. The evidence includes documents, photos, messages, and other materials that may prove or disprove the abuse claim. Both parties may also bring witnesses to testify on their behalf.

When you attend the hearing, you can bring friends, family members, and caregivers as witnesses. The burden of proof at the EARO hearing lies with the petitioner. They must prove that they are at risk of harm from the respondent.

A judge presides over the hearing. The judge will review the evidence and decide whether abuse occurred and if a restraining order is necessary. Depending on the outcome of the hearing, the judge may:

  • Grant the order, which can last up to five years.

  • Modify the terms of the protections requested, based on the situation.

  • Deny the request if the evidence is insufficient to support the claim.

What Evidence Do I Need to Obtain the Restraining Order for Elder Abuse?

You must provide solid evidence to prove the need for urgent or continuous protection when seeking an EARO. The types of evidence you present will determine the outcome of your case. Common evidence you could demonstrate when seeking an EARO includes:

  • Medical records. These records can help you prove physical abuse, neglect, or emotional harm. They also help confirm injuries or health issues caused by abuse.

  • Photographs of injuries. Clear pictures of bruises, cuts, or other visible injuries are robust evidence. Please ensure photos are dated.

  • Bank statements. These are important in cases involving financial abuse. You can look for unusual withdrawals, missing funds, or unauthorized transactions.

  • Witness statements. The testimony of anyone who saw or heard the abuse can help when obtaining an EARO. The testimony can support your claims of abuse.

  • Voicemails, text messages, or letters. Elder abuse is not only physical but also emotional and verbal. Abusive messages can show patterns of behavior.

  • Police reports or APS records. If authorities were involved in an elder abuse incident, their reports are critical when seeking a restraining order. They show that the abuse was severe enough to be reported.

What Conditions Does a Judge Impose with a Restraining Order for Elder Abuse?

The court may impose the following conditions when issuing an EARO in California:

  • No contact with the protected person. The judge can order the abuser to have no contact with the victim. This includes in-person contact, phone calls, texts, emails, and social media. The abuser must also stay away from the victim’s home, workplace, or any location the victim regularly visits.

  • Move out of the shared residence. If the abuser lives with the alleged victim, the court can require them to move out immediately. The order prevents the abuser from returning to the shared home during the restraining period.

  • Firearm restrictions. The judge can prohibit an abuser from owning, possessing, buying, or using firearms. If the restrained person has any guns, they must surrender them to law enforcement.

  • Stay away from other protected persons' families. An elder abuse restraining order can also protect caregivers, family members, or anyone else the court believes is at risk.

  • Cease any financial exploitation. The judge can stop the abuser from taking or misusing the elder’s money or property and order them to return anything taken improperly.

What Happens if a Person Violates an Elder Abuse Restraining Order?

A violation of an EARO happens when the restrained person engages in the following acts:

  • Contacting the protected elder. Any form of contact violates the order, including calls, texts, emails, or in-person visits.

  • Coming near the protected person’s home or workplace. Restraining orders include a minimum distance the restrained person must stay away. Being closer than allowed can lead to legal consequences.

  • Harassing or threatening the elder. Verbal abuse, threats, or repeated unwanted contact counts as harassment and is a clear violation of the EARO.

  • Sending messages through others. Elder abuse restraining orders prohibit contact between an abuser and the elder through a third party. Contacting the elder through friends, family, or third parties violates the order.

  • Owning or trying to buy a firearm. If the EARO bans gun ownership, having or attempting to obtain one is a violation.

The restrained person must follow the order even if the elder agrees to contact. Elder abuse is a serious offense. Prosecutors often charge a restraining order violation under Penal Code § 273.6. A first-time violation can result in:

  • Up to 1 year in county jail

  • Fines of up to $1,000

  • Possible probation and mandatory counseling

If the violation involves violence or results in injury, the penalties can increase significantly. You may face felony charges for a repeat restraining order violation. The consequences of a felony conviction under PC 273.6 include:

  • A prison sentence of up to 3 years

  • Fines of up to $10,000

Can I File an EARO if the Abuser is the Elder's Family Member?

Yes, you could file for the restraining order even when the abuser is a family member or caregiver. Many elder abuse cases involve individuals who are close to the victim. These can include:

  • Adult children

  • Grandchildren

  • Spouses or long-term partners

  • Home health aides or in-home caregivers

  • Neighbors or close friends

  • Facility workers

The law does not excuse abuse based on personal relationships. Abuse can be emotional, physical, financial, or through neglect. Filing for an EARO is a legal step to stop the abuse. It can help you stay safe and limit contact between the abuser and the victim. A restraining order can include:

  • Orders to stop all contact

  • Stay-away orders from your home, workplace, or care facility

Contact law enforcement, elder protection services, or legal aid if you feel unsafe.

How Long Will an EARO Last?

In California, an elder abuse restraining order can offer protection to a victim for 5 years. It is issued by the court to protect someone aged 65 or older from physical harm, neglect, or financial exploitation. A temporary restraining order (TRO) is first granted and usually lasts about 21 to 25 days. A court hearing follows to decide on a permanent order. The permanent order will offer protection for up to 5 years if granted.

Before it expires, the protected person can ask the court to renew it. There is no limit to how many times you can renew the EARO. Each renewal can also last up to five years. The court makes decisions based on safety and ongoing risk.

Find a Competent Restraining Order Attorney Near Me

Elder abuse restraining orders protect seniors and dependent adults from harm. They are available for victims facing physical, emotional, or financial abuse. Caregivers, family members, and others may be restrained if they threaten the elder. Obtaining a restraining order involves filing a petition in court.

Victims can ask for emergency protection if there is a risk of harm. The court will then schedule a hearing to decide on a longer order. If you are a respondent in an EARO, you can defend against the allegations and order. The court may grant protection for up to five years if there is sufficient evidence of abuse.

If you seek an EARO or are battling one, you will need expert legal insight. At Goldman Flores Restraining Order Law Firm, we offer legal insight for clients navigating elder abuse restraining orders in California. Contact us at 213-341-4087 to discuss your case.