If you believe an elderly loved one in San Diego is being abused, threatened, or taken advantage of, acting quickly can make all the difference. Elder abuse comes in many forms – physical, emotional, or even financial – and California laws offer protection through restraining orders made specifically for older adults. A San Diego elder abuse restraining order lawyer can guide you through every step, from preparing your paperwork to appearing in court, ensuring your loved one’s safety is the highest priority. Let us support you in stopping abuse and giving your family security and peace of mind.
What is an Elder Abuse Restraining Order?
Elder abuse restraining orders are not just another type of restraining order—they are highly specialized tools designed to protect seniors (65+) and dependent adults from financial exploitation, neglect, isolation, and abuse. These cases often involve more than stopping harassment; they can touch on family conflicts, property transfers, and misuse of finances, requiring a much deeper level of legal skill and sensitivity.
One of the key nuances that many attorneys miss is that elder abuse restraining orders often intersect with probate court. In many situations, protecting an elder also means seeking a conservatorship—a legal proceeding where the court appoints someone to manage the personal and/or financial affairs of a vulnerable adult who cannot safely manage them on their own. Without a family law attorney who understands how restraining orders and conservatorships fit together, important protections can fall through the cracks.
How a Civil Harassment Restraining Order is Different
Civil harassment restraining orders don’t involve these complexities. They address harassment, threats, or stalking, but they don’t cover financial abuse, neglect, or the need to coordinate with probate court. That’s why hiring just any “restraining order attorney” isn’t enough—you need a firm that knows these differences inside and out.
What Counts as Abuse Under Elder Abuse Restraining Orders?
The purpose of these orders is to prevent abuse from taking place. This typically includes some or all of the following:
Physical Abuse
Hitting, pushing, rough handling, or any forceful contact that can cause pain, injury, or risk to the elder or dependent adult.
Emotional and Mental Abuse
Yelling, threats, intimidation, harassment, or other actions that lead to fear, distress, or reduced self-esteem.
Financial Abuse
Taking, misusing, or withholding an elder’s money or possessions without permission, or tricking or pressuring them into signing papers or making financial changes.
Isolation, Abandonment, or Abduction
Preventing contact with friends and family, leaving a person alone without help, or moving them without consent. Neglect
Failing to provide proper care, food, medical attention, hygiene, or protection from danger.
Conduct by Caregivers or Helpers
Any action or inaction by someone entrusted to provide care that causes harm, suffering, or risk to the elder or dependent adult.
Elder abuse restraining orders aim to put immediate, court-enforced barriers around elders and dependent adults facing harm, ensuring they have the protection and dignity they deserve.
Who Can Request an Elder Abuse Restraining Order?
The request for an elder abuse restraining order can be made by the affected elder or dependent adult themselves, or by someone acting legally on their behalf. This could include a conservator, a person with power of attorney, a trustee, or a guardian ad litem.
What The Elder Abuse Restraining Order Prevents
An elder abuse restraining order gives clear, enforceable legal boundaries to help protect elders and dependent adults from someone causing them harm or distress. These orders can include several types of protective conditions, including:
No Contact Allowed
The restrained person cannot call, text, email, or otherwise contact the elder or dependent adult directly or indirectly.
Stay-Away Orders
They can be ordered to keep a specific distance from the protected person’s home, workplace, care facility, or other important places.
Move-Out Orders
If the elder abuser lives with the victim, the court may require them to move out and stay away from the shared residence.
Court-Ordered Counseling or Classes
The order might require the restricted person to attend counseling sessions, parenting classes, or anger management programs to address underlying behaviors.
Bans on Weapons and Body Armor
They may be legally blocked from owning, possessing, or buying firearms, ammunition, or body armor.
Protection for Family or Household Members
The restraining order can also protect other individuals who live with or are related to the elder, keeping the abusive party away from everyone involved.
How To Get an Elder Abuse Restraining Order
Applying for an elder abuse restraining order is an important step in protecting an elderly or dependent adult from harm. To begin the process, you’ll need to fill out several court forms and file them at your local courthouse, including:
- Petition for Protective Orders (EA-100)
- Order to Show Cause and Temporary Restraining Order (EA-120)
- Confidential CLETS Information (EA-102)
- Declaration Re: Notice of Ex Parte Application (L-1124)
These forms must be completed as accurately as possible. For help, you can reach out to the court’s Self Help Center, which guides individuals through the paperwork and steps. After filing, hearings are typically held at 9:00 a.m. each day. You must give the person you are seeking protection from at least four hours’ notice before your hearing unless there’s a good reason you are unable to do so.
How Long Do Elder Abuse Restraining Orders Last?
Elder or dependent adult abuse restraining orders in California can last up to five years. If you feel you still need protection when the order is about to expire, you may ask the court to renew it for another five years or even make it permanent.
To do this, you’ll need to complete the “Request to Renew Restraining Order” (EA-125). Remember, someone over 18 (who isn’t protected by the order) should deliver, or “serve,” these renewal papers to the restrained person on your behalf.
Taking these steps can offer ongoing safety and peace of mind for those who need protection most.
Penalties For Violating an Elder Abuse Restraining Order
Violating an elder abuse restraining order is a serious offense under California law. If the restrained person does not follow the court’s rules, they can be arrested and may face criminal charges. Under Penal Code § 273.6, breaking a restraining order is a misdemeanor that can result in up to one year in county jail and/or a fine of up to $1,000.
(a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section 527.6, 527.8, or 527.85 of the Code of Civil Procedure, or Section 15657.03 of the Welfare and Institutions Code, is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment.
It’s important to understand that even if the protected elder or dependent adult tries to contact the restrained person, the law still requires the restrained party to end the communication immediately. The restrictions are placed only on the accused abuser, and any contact – regardless of who started it – can be treated as a violation.
Contact Contreras Law Firm To Schedule a Free Consultation With a San Diego Elder Abuse Restraining Order Lawer
At Contreras Law Firm, we understand these nuances because we practice across civil litigation, probate, and family law. Our attorneys have successfully handled numerous elder abuse restraining orders, often uncovering hidden financial abuse, stepping in with conservatorships when needed, and ensuring courts issue the strongest protections available. Few firms bring this expanded knowledge and cross-disciplinary experience to the table.
Unfortunately, elder abuse is far more common than people realize—but the right legal team makes all the difference. When it comes to protecting elders and dependent adults, Contreras Law Firm knows the law, knows the process, and knows the nuances others overlook. Contact us today for a free case consultation.