Elder & Dependent Adult Abuse Restraining Orders in California

An elder or dependent adult abuse restraining order (EARO) is a civil court order under California Welfare & Institutions Code § 15657.03 that protects a person 65 or older, or a dependent adult (18–64) with physical or mental limitations, from physical abuse, neglect, financial abuse, abandonment, isolation, or abduction. Uniquely, it can be requested by the elder or filed on their behalf by a family member, conservator, trustee, attorney-in-fact, or other authorized person — and, for isolation, by an “interested party.” The petitioner must prove abuse by a preponderance of the evidence (a lower bar than a civil harassment order), and the order can last up to five years. It can order someone to stay away, move out, stop financial exploitation, stop isolating the elder, and surrender firearms. The Restraining Order Law Firm helps families protect a vulnerable loved one — and defends people wrongly accused in family and inheritance disputes. Call (888) 808-2179 for a free, confidential consultation.

Reviewed by Matthew Barhoma, [CA Bar No. 319339] — California restraining-order counsel. As a d/b/a of Barhoma Law, P.C., our restraining-order practice is paired with trial and criminal-defense experience, which matters when elder abuse crosses into criminal exposure (Pen. Code § 368). Last updated [DATE].

Is a senior being harmed, exploited, or isolated right now? If an elder or dependent adult is in immediate danger, call 911 first, and report suspected abuse to Adult Protective Services. For an emergency or same-day protective order — including to stop financial exploitation or isolation — call (888) 808-2179.

Elder abuse restraining order in California: quick facts

Elder abuse is often invisible until it is severe — a caregiver who turns controlling, a “new friend” who drains a bank account, a relative who cuts off everyone else, a nursing home that neglects. California’s elder abuse restraining order is built for exactly these situations, and it is broader than any other protective order: it reaches not just violence and threats, but financial exploitation, neglect, and isolation. And it lets a worried family member act for a parent who can’t, or won’t, act for themselves. This page explains who it protects, what counts as abuse, how to get one (or defend against one), and how the pieces — probate, Adult Protective Services, and the criminal law — fit together.

Talk to an elder abuse restraining order lawyer — free, confidential consultation → (888) 808-2179

EARO at a glance

What is an elder or dependent adult abuse restraining order?

An elder or dependent adult abuse restraining order is a civil court order that protects a vulnerable adult from abuse by directing the restrained person to stop, stay away, and — distinctively — to stop financially exploiting or isolating the protected person. It is issued under Welfare & Institutions Code § 15657.03, part of the Elder Abuse and Dependent Adult Civil Protection Act.

Two features set it apart from every other California protective order. First, its definition of abuse is the broadest — it covers neglect, financial abuse, and isolation, not just violence and threats. Second, it can be brought by someone other than the victim — a son or daughter, a conservator, a trustee, or another authorized person can file to protect an elder who cannot protect themselves. An EARO is not a criminal conviction, but the same conduct can be charged criminally as elder abuse (Penal Code § 368), and violating the order is a crime (Penal Code § 273.6).

Who does an EARO protect?

The order protects two groups, defined by statute:

• Elders — any person 65 years of age or older residing in California (W&I § 15610.27).
• Dependent adults — any person between 18 and 64 who has physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights, including those with physical or developmental disabilities or whose abilities have diminished because of age. It also includes anyone 18–64 admitted as an inpatient to a 24-hour health facility (W&I § 15610.23).

If the person responsible is the elder’s spouse, partner, or close family member, a domestic violence restraining order may also fit, and the two can overlap. Choosing the right order — or both — is part of the strategy.

Who can file for an elder abuse restraining order?

This is one of the most important and least-understood features of the law: you do not have to be the victim to file. An EARO may be sought by:

• The elder or dependent adult themselves; or
• On their behalf, by a conservator, trustee, attorney-in-fact (under a power of attorney), guardian ad litem, or other person legally authorized to seek relief (W&I § 15657.03(b)); and
• For isolation specifically, by an “interested party” — a person with a personal, preexisting relationship with the elder (for example, a family member or longtime friend who has been cut off).

This is what lets an adult child step in when a parent is being exploited or isolated and is unable — because of incapacity, fear, dependence, or undue influence — to act for themselves. We frequently represent the concerned family member who is filing to protect a loved one.

What counts as elder or dependent adult abuse?

California defines abuse far more broadly here than in any other restraining-order statute. Under W&I § 15610.07, abuse includes:

• Physical abuse — assault, battery, unreasonable physical constraint, sexual assault, or improper use of medication or restraints.
• Neglect (§ 15610.57) — the negligent failure of anyone with care or custody to provide for basic needs: food, clothing, shelter, medical care, hygiene, and protection from health and safety hazards (including self-neglect).
• Financial abuse (§ 15610.30) — the wrongful taking, hiding, appropriating, or retaining of an elder’s money or property, including through undue influence (covered in depth below).
• Abandonment — desertion by someone who assumed responsibility for care.
• Isolation (§ 15610.43) — preventing the elder from receiving mail, calls, or visitors, or physically restraining them to prevent contact, against their will.
• Abduction — removing the elder from California or restraining them from returning.
• Treatment that causes physical harm, pain, or mental suffering, or the deprivation by a care custodian of goods or services needed to avoid physical harm or mental suffering.

Because the definition reaches financial and emotional harm — not just physical violence — many EARO cases involve no bruises at all.

Financial elder abuse: the most common — and most hidden — form

Financial abuse is the form we see most, and the one families most often miss until significant money is gone. Under W&I § 15610.30, financial abuse occurs when someone takes, secretes, appropriates, obtains, or retains an elder’s real or personal property for a wrongful use, with intent to defraud, or through undue influence. It covers a wide range of conduct:

• A caregiver, relative, or “new friend” moving money, adding their name to accounts, or taking property.
• Misuse of a power of attorney, joint account, trust, or fiduciary role.
• Coerced changes to a will, trust, deed, or beneficiary designation.
• Scams and exploitation — romance scams, “sweetheart” arrangements, contractor fraud, and tech-support fraud aimed at seniors.

Undue influence (W&I § 15610.70) is the legal engine of many of these cases. California defines it as “excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity.” Courts weigh the victim’s vulnerability (incapacity, illness, age, cognitive impairment, isolation, dependency) and the influencer’s apparent authority (as a fiduciary, family member, caregiver, or advisor), the actions and tactics used, and the inequity of the result.

An EARO can stop ongoing financial abuse and protect assets while the larger picture is sorted out — and it often runs alongside a civil financial-elder-abuse lawsuit, which carries enhanced remedies and attorney-fee recovery (W&I § 15657.5), and a conservatorship or trust dispute. Coordinating the protective order with those proceedings is where real protection happens.

Isolation and anti-isolation restraining orders

Isolation is both a harm in itself and a common tactic of financial abusers — cut off the family, and the exploitation goes unseen. Since 2023, California law expressly authorizes anti-isolation restraining orders. An order can bar the respondent from preventing in-person, telephone, or online contact between the elder and a family member or friend who has been shut out.

Critically, an “interested party” — someone with a personal, preexisting relationship with the elder — can petition for an anti-isolation order (Form EA-300), even if they are not the elder’s conservator or attorney-in-fact. The court issues the order on a finding, by a preponderance of the evidence, that the respondent’s past acts of isolation repeatedly prevented contact, against the elder’s will. For families who have been frozen out by one relative or a controlling caregiver, this is a powerful and underused tool.

The standard of proof: preponderance of the evidence

Unlike a civil harassment or workplace violence order — which require clear and convincing evidence — an elder abuse restraining order may issue on a preponderance of the evidence (Bookout v. Nielsen). That is the same, lower standard used for domestic violence orders: the petitioner must show abuse is more likely than not.

For families seeking protection, that lower bar matters — it makes the elder abuse order more attainable than a civil harassment order on comparable facts. For a respondent, it means the defense has to be built carefully; the order can issue on a credible declaration of past abuse, so contesting the facts and the inferences is essential.

Dominating the statute: Welfare & Institutions Code § 15657.03

Because an EARO turns on the controlling statute, here is the framework in detail. (Verify all citations against the current code at leginfo before relying on them.)

The core grant (§ 15657.03(a)–(b)). An elder or dependent adult who has suffered abuse — or a person authorized to act on their behalf — may seek protective orders. The court may issue orders to restrain conduct, enjoin physical abuse, neglect, financial abuse, and isolation, order stay-away and no-contact, and order the respondent out of the elder’s residence, among other relief.

The standard and the showing. The court may issue an order on a showing, by a preponderance of the evidence, of reasonable proof of a past act or acts of abuse (§ 15657.03(c)). A protective order may rest on past abuse without a particularized showing that the wrongful acts will continue (Gdowski v. Gdowski).

Temporary orders and the hearing. A judge can issue an ex parte temporary restraining order (Form EA-110) quickly, lasting until the hearing, which is generally held within 21 days (25 for good cause).

Duration and renewal. An order after hearing (Form EA-130) may last up to five years and may be renewed before it expires.

Financial and isolation relief. The amended EA-100 allows a petitioner to seek specific findings about a debt or property, and Form EA-300 is used to seek an anti-isolation order. These reflect the statute’s expansion to cover financial abuse and isolation, not just physical harm.

Firearms. A person subject to an EARO must relinquish firearms within 24 hours (CCP § 527.9), like other California protective orders.

Recent change (AB 561). Commencing January 1, 2027, AB 561 authorizes a party, an Adult Protective Services representative, or a witness to appear remotely at an EARO hearing, and requires courts to publish local rules on remote appearances — easing participation for frail elders and out-of-area families. See the 2024–2025 statutory updates.

Leading California elder abuse restraining order cases

A short line of appellate decisions frames how these orders work. (Verify citations before relying on them; attorney review required.)

Bookout v. Nielsen (2007) — the standard of proof. The Court of Appeal confirmed that an elder abuse protective order issues on a preponderance of the evidence, not the clear-and-convincing standard used for civil harassment orders — and that the order is reviewed on appeal for abuse of discretion, with substantial-evidence review of the findings. Bookout is why the elder abuse order is, on comparable facts, more attainable than a CHRO.

Gdowski v. Gdowski (2009) — past abuse is enough. The court held that a protective order under the Elder Abuse Act may be issued based on evidence of past abuse, without a particularized showing that the wrongful acts will continue or be repeated — and addressed the standard for renewing an order based on a reasonable apprehension of future abuse. Gdowski confirms the statute’s protective, forward-looking purpose.

The civil-remedies backdrop (§ 15657.5). Beyond the restraining order, California’s Elder Abuse Act provides enhanced civil remedies — including attorney’s fees and, in cases of financial abuse, recovery — which is why an EARO so often travels with a civil lawsuit and a trust or conservatorship dispute. The restraining order stops the bleeding; the civil case seeks to recover what was taken.

What an elder abuse restraining order can order

Depending on the petition and the court’s findings, an EARO can:

• Order no contact and a stay-away distance from the elder, their home, and their caregivers.
• Order the respondent to move out of the elder’s residence.
• Enjoin financial abuse — barring further taking, transfer, or control of the elder’s money or property, and protecting accounts and assets.
• Enjoin isolation — barring the respondent from blocking the elder’s contact with family or friends (Form EA-300).
• Require firearm relinquishment within 24 hours (CCP § 527.9).
• Protect other household or family members as appropriate.

The financial and anti-isolation powers are what make this order uniquely suited to elder exploitation — no other protective order reaches them as directly.

How the EARO process works (step by step)

1. File the request (EA-100). The elder, or someone authorized on their behalf, files a Request for Elder or Dependent Adult Abuse Restraining Orders (Form EA-100) — adding EA-300 to seek an anti-isolation order — in the Superior Court (often the Probate or civil division, depending on the county).
2. Temporary order (EA-110). A judge may issue an ex parte temporary restraining order (Form EA-110) — often the same day — lasting until the hearing.
3. Service (EA-109 + EA-110). The respondent must be personally served with notice and the papers before the hearing.
4. The response (EA-120). The respondent may file a Response (Form EA-120) and present evidence. Ignoring it is dangerous — the order can issue by default for up to five years.
5. The hearing. Generally within 21 days of the TRO. The petitioner must prove abuse by a preponderance of the evidence; both sides may testify and present evidence. (Beginning Jan. 1, 2027, remote appearances are authorized under AB 561.)
6. Order after hearing (EA-130). If granted, the order can last up to five years and may be renewed.

There is generally no filing fee where the petition is based on abuse involving physical harm or threats. (Confirm the current fee rule at review.)

What happens at an elder abuse hearing?

The hearing is where the order is won or lost, and elder cases have features the others don’t.

The burden is on the petitioner, by a preponderance of the evidence — abuse is more likely than not. Evidence often includes bank and account records, transfers and beneficiary changes, medical and cognitive records, caregiver logs, photographs, and declarations from family, doctors, and Adult Protective Services. In financial-abuse cases, the paper trail — who moved what, when, and under whose influence — is the case. In undue-influence cases, the court examines the elder’s vulnerability and the respondent’s role and tactics (§ 15610.70).

Capacity and the elder’s voice are recurring issues: the elder may be frail, fearful, cognitively impaired, or under the respondent’s influence, and may not testify the way a typical petitioner would. A careful case accounts for that — through records, third-party witnesses, and, where appropriate, the elder’s own testimony. And because Gdowski allows an order based on past abuse, the petitioner need not prove the abuse will recur — only that it happened.

The difference between a well-documented petition and a thin one is, very often, the difference between protection and a denial that emboldens the person responsible.

Real elder abuse scenarios we see

These are common, hypothetical situations — not client stories — that show how California elder abuse cases actually unfold.

The caregiver who took over. A paid or family caregiver gradually controls the elder’s finances, medications, and access to others — and the money starts moving. → Financial abuse

The sibling draining the accounts. One adult child, often the one living with or “helping” a parent, uses a power of attorney or joint account to move assets — and the other siblings are cut off and kept in the dark. An EARO (including an anti-isolation order) can restore contact and protect what remains.

The “new friend” or sweetheart scam. A new romantic or social connection isolates the elder from family and redirects money, gifts, or property — classic undue influence.

The coerced estate change. A relative or caregiver pressures the elder to change a will, trust, deed, or beneficiary designation. The protective order can run alongside a trust or probate dispute.

Isolation by one relative. A controlling family member blocks calls, visits, and mail to keep others away — the situation anti-isolation orders (Form EA-300) were created for.

Nursing-home or facility neglect. An elder in a skilled-nursing facility or RCFE suffers neglect — untreated conditions, falls, malnutrition, or worse — implicating both a protective order and a civil claim.

The wrongly accused family member. In an inheritance fight or a bitter family split, an elder abuse petition is filed as leverage — to gain control, exclude a sibling, or win a probate dispute. These petitions are defended with the records and the real motive in view.

Common reasons families seek an elder abuse restraining order

Below are the situations we are asked about most — and what each one turns on under the Elder Abuse Act.

Restraining order to stop financial exploitation of a parent

This is the most common — and most hidden — reason families call. Money or property starts disappearing: suspicious transfers, a caregiver or relative added to accounts, cash withdrawals, missing valuables, a new beneficiary. An EARO can bar further taking or control of the elder’s assets while the larger picture — a civil financial-elder-abuse claim (§ 15657.5), a trust dispute, a conservatorship — is addressed. The case lives in the records: bank and brokerage statements, transfers, and title or beneficiary changes. The sooner the records are gathered, the stronger the petition. → Financial elder abuse

Restraining order against a controlling caregiver

A paid or family caregiver gradually takes over — controlling medications, finances, the phone, and who is allowed to visit. An EARO can require the caregiver to stay away, stop financial abuse, and stop isolating the elder, and it can be sought by a worried family member on the elder’s behalf. The challenge is often that the elder depends on, or has been turned against the family by, that same caregiver — which is exactly why an authorized person can file for them.

Restraining order to stop a family member from isolating an elder

One relative cuts everyone else off — screening calls, blocking visits, intercepting mail, moving the elder. Since 2023, an anti-isolation order (Form EA-300) lets an “interested party” with a preexisting relationship petition to restore contact. Isolation is frequently the cover for financial exploitation, so an anti-isolation order and a financial-abuse order often go together.

Restraining order for nursing home or caregiver neglect

When an elder in a skilled-nursing facility, residential care home (RCFE), or in-home arrangement suffers neglect — untreated conditions, falls, malnutrition, dehydration, poor hygiene, or unsafe conditions — an EARO can be sought against the responsible caregiver or staff, alongside a complaint to the Long-Term Care Ombudsman and a civil claim. Neglect is abuse under the Act even when no one intended harm.

Restraining order for physical or emotional elder abuse

Physical abuse — hitting, rough handling, improper restraint or over-medication — and conduct causing mental suffering both qualify. Because the standard is a preponderance and an order can rest on past abuse (Gdowski), a single documented incident, with corroboration, can support protection.

Restraining order to stop undue influence over a will or trust

A relative, caregiver, or “new friend” pressures the elder to change a will, trust, deed, power of attorney, or beneficiary designation. California’s undueinfluence standard (§ 15610.70) weighs the elder’s vulnerability and the influencer’s authority and tactics. The protective order can stop ongoing pressure and asset transfers while a trust or probate dispute plays out.

Restraining order to stop a scam targeting a senior

Romance scams, “sweetheart” arrangements, tech-support fraud, and contractor fraud drain seniors of billions every year. Where a specific person is exploiting the elder — isolating them and redirecting money — an EARO can help stop it, in coordination with the bank, Adult Protective Services, and law enforcement.

If you need to protect a loved one (petitioners and families)

If a parent or vulnerable adult is being harmed, exploited, or isolated, you may be able to act for them. The strongest petitions are documented and specific: account records and transfers, beneficiary and title changes, medical and cognitive evidence, caregiver records, photographs, witness declarations, and any Adult Protective Services involvement. Because the standard is a preponderance and an order can rest on past abuse, a well-built petition is often very achievable.

We help families, conservators, and fiduciaries obtain emergency and temporary orders, stop financial exploitation and isolation, coordinate the EARO with APS, a conservatorship, and any civil financial-elder-abuse or trust dispute, and carry the case through the hearing.

→ Free consultation · Restraining Orders & Firearms · 2024–2025 statutory updates

Worried about a parent or vulnerable adult? Call (888) 808-2179. If they’re in immediate danger, call 911 and report to Adult Protective Services.

If you’ve been accused of elder abuse (respondents)

Elder abuse petitions are sometimes sincere protective measures — and sometimes weapons in a family or inheritance war. If you’ve been named, you are the respondent, and the order is not automatic. The petitioner must prove abuse by a preponderance of the evidence, and you have the right to respond, present evidence, cross-examine, and be represented.

The defenses these cases turn on: (1) no abuse occurred — the transfers were authorized, the gifts were the elder’s own free choice, or the “neglect” never happened; (2) no undue influence — the elder had capacity and acted of their own free will; (3) the petition is a pretext for control of a parent, an estate, or a sibling dispute; or (4) the evidence falls short even of the preponderance standard. A wrongful EARO can cost you a relationship, your firearms, your role in a parent’s care, and your standing in a probate or trust matter — and elder abuse can be charged criminally (Penal Code § 368), so any parallel criminal exposure must be coordinated.

If you were served with an elder abuse restraining order, don’t wait

• The hearing is within ~21 days, and the standard is only a preponderance.
• A default order can last five years if you don’t respond and appear.
• Your firearm rights are affected the moment an order issues (CCP § 527.9).
• It can collide with a probate, trust, or conservatorship case — and with criminal exposure under Penal Code § 368.

Protect yourself before the hearing. Call (888) 808-2179, or request a free consultation.

→ How to Fight a Restraining Order · Legal Defenses · False Allegations

The bigger picture: APS, the Ombudsman, conservatorship, and criminal law

An elder abuse restraining order rarely stands alone. It sits within a web of protections that work best together:

• Adult Protective Services (APS). The county agency that investigates suspected abuse of elders and dependent adults living in the community. APS involvement can support a petition, and AB 561 will let APS appear remotely at hearings (2027).
• The Long-Term Care Ombudsman. Investigates complaints in skilled-nursing and residential care facilities.
• Conservatorship. When an elder lacks capacity, a conservatorship of the person or estate may be needed alongside the protective order; the EARO can protect the elder while the conservatorship is sought.
• Civil financial-elder-abuse claims (§ 15657.5). Lawsuits to recover misappropriated assets, with enhanced remedies and attorney-fee recovery.
• Criminal elder abuse (Penal Code § 368). The district attorney can prosecute physical or financial elder abuse, and a criminal protective order may issue from that case. As a d/b/a of Barhoma Law, P.C., our restraining-order work is paired with criminal-defense experience for exactly these crossovers. → Criminal Protective Orders

Coordinating these — rather than pursuing them in isolation — is what turns a piece of paper into real protection.

Why elder abuse cases are won or lost

• The paper trail is built — or it isn’t. Financial cases live in records: transfers, statements, title and beneficiary changes. Organized records win; vague suspicion loses.
• Undue influence is shown — or assumed. Courts weigh the § 15610.70 factors; a case that proves vulnerability, authority, tactics, and inequity is far stronger than one that simply asserts “she was manipulated.”
• The elder’s capacity and voice are handled with care — through records and third-party witnesses, not just the elder’s testimony.
• The wrong tool was chosen — when the situation actually needs a conservatorship, an APS referral, or a civil suit instead of (or alongside) the order.
• It’s really a family or inheritance dispute — a frequent and effective defense when a petition is pretextual.
• No one responded — default orders are how unfounded petitions become five-year orders.

What’s at stake: consequences of an EARO

For the restrained person, an order can:

• Bar contact and require a move-out from the elder’s home.
• Freeze financial control — ending authority over the elder’s accounts, property, or fiduciary role.
• Require firearm relinquishment within 24 hours (CCP § 527.9), with a federal dimension.
• Enter the CLETS database and appear on background checks.
• Damage standing in a probate, trust, or conservatorship matter — and signal abuse to a civil court.
• Create criminal exposure — elder abuse (Pen. Code § 368) and any violation (Pen. Code § 273.6).

For the elder and the family, the stakes are the opposite — the order can be the difference between continued exploitation and safety. → Restraining Order Violations

Elder abuse restraining orders throughout Southern California

We help families and respondents with EARO matters across Southern California. The Elder Abuse Act is statewide, but where these cases are heard — and how they’re handled — varies by county. Notably, several counties route elder and dependent adult abuse orders through the Probate division rather than family or general civil; confirm your county’s practice before filing.

Elder abuse restraining orders in Los Angeles County

The nation’s largest court system hears elder abuse matters across its courthouses, anchored downtown at the Stanley Mosk Courthouse, with matters also handled in Long Beach, Chatsworth, Pasadena, and Compton. LA County’s enormous older population and its large probate and conservatorship docket make elder financial-abuse and isolation cases a regular feature, and which courthouse — and division — hears a case affects both timing and approach. → Los Angeles County

Elder abuse restraining orders in Orange County

Orange County handles elder and dependent adult abuse restraining orders through its Probate division, with the Central Justice Center in Santa Ana the county hub. The county’s affluent, aging communities see significant financial-exploitation and trust-dispute activity, and the probate setting means these orders frequently sit alongside conservatorship and estate matters. Knowing how Orange County’s probate bench approaches elder cases is part of handling them well. → Orange County

Elder abuse restraining orders in Riverside County

Riverside County — with large retirement and desert communities from the city of Riverside to the Coachella Valley — hears elder abuse matters across a spread-out court system, including downtown Riverside and desert-region courthouses. The county’s many senior and assisted-living communities make neglect and financial-exploitation cases common, and travel and venue are practical factors. → Riverside County

Elder abuse restraining orders in San Bernardino County

The nation’s largest county by area hears elder abuse matters across widely separated courthouses — the San Bernardino Justice Center and the Rancho Cucamonga and High Desert (Victorville) regions. Distance makes early planning important, and the county’s growing senior population keeps elder financial-abuse and neglect cases steady across the Inland Empire and desert. → San Bernardino County

Elder abuse restraining orders in San Diego County

San Diego County, home to a large retirement population and many senior-living communities, hears elder abuse matters in its Superior Court — the downtown Central courthouse and regional branches in Vista, El Cajon, and Chula Vista. Financial exploitation, undue influence over estates, and facility neglect are recurring issues across the county. → San Diego County

Elder abuse restraining orders in Ventura County

Ventura County’s more centralized court system hears elder abuse matters at the Ventura courthouse, serving the county’s coastal and inland communities — with the same statewide standard, the same broad definition of abuse, and the same five-year maximum. → Ventura County

Confirm your county’s division and courthouse (Probate vs. civil) before filing or responding — routing varies and changes, and we handle it for our clients.

Elder abuse in California: by the numbers

A few figures for context (full sourcing on our statistics pages).

Financial exploitation

Financial abuse of seniors is enormous and growing. The FBI’s Internet Crime Complaint Center (IC3) reported that Americans 60 and older lost $4.885 billion to fraud in 2024 across more than 147,000 complaints — a 43% increase in losses over the prior year — with the largest losses in investment, tech-support, and romance scams (FBI IC3 2024 Elder Fraud Report). And those figures capture only reported internet-enabled fraud; much elder financial abuse is committed by family members and caregivers and never reported at all.

Enforcement

The U.S. Department of Justice reported pursuing more than 280 enforcement actions against 600+ defendants charged with stealing nearly $2 billion from over one million older adults, while supporting victim-assistance services for nearly 200,000 older victims.

Underreporting and prevalence

Elder abuse is widely understood to be dramatically underreported — older adults often don’t report out of embarrassment, dependence on the person responsible, cognitive impairment, or not realizing they’ve been victimized. Research has long estimated that roughly 1 in 10 older adults experiences some form of abuse each year. (Prevalence estimate widely cited from the National Center on Elder Abuse; verify the current figure before publication.)

(Figures current as of the cited reports — FBI IC3 2024 Elder Fraud Report and DOJ 2024 elder-justice data; verify against the latest releases before publication.)

How an EARO differs from other California orders

The elder abuse order stands out for who it protects, how broadly it defines abuse, and its lower standard of proof.

EARO vs. DVRO

When the person responsible is a spouse, partner, or close family member, both may apply.

→ Domestic Violence Restraining Orders

EARO vs. CHRO

Both protect against abuse by non-spouses, but the elder order is broader and easier to prove.

→ Civil Harassment Restraining Orders

EARO vs. conservatorship

These are different tools that often work together.

They are frequently pursued in tandem — the order for immediate protection, the conservatorship for long-term management.

What we see in real elder abuse cases

The pattern that repeats: by the time a family calls, money is already gone, a parent is already isolated, and one relative or caregiver has consolidated control. The strongest cases are the ones where someone gathered the records early — statements, transfers, title and beneficiary changes — before the trail went cold. The hardest are the ones built on suspicion and hurt feelings without documentation. We also see the other side: well-meaning adult children accused of “financial abuse” for helping a parent who freely chose to help them, and bitter inheritance fights dressed up as protection. Matching the response to the real situation — exploitation, neglect, isolation, or family conflict — is the whole job.

Common petitioner mistakes

• Waiting too long — until the money is gone and the trail is cold.
• Filing on suspicion without records — the case lives in the paper trail.
• Using the wrong tool alone — when APS, a conservatorship, or a civil suit is also needed.
• Tipping off the person responsible before securing accounts and evidence.
• Overlooking isolation — the anti-isolation order (EA-300) is underused.

Common respondent mistakes

• Ignoring the papers — letting a five-year order enter by default.
• Violating the temporary order — a new crime (Pen. Code § 273.6).
• Treating it as “just a family argument” — underestimating the firearm, criminal (§ 368), and probate consequences.
• Testifying without weighing criminal exposure when § 368 charges are possible.

When we advise against filing — and when we settle

We counsel families not to file when the facts don’t show abuse, when the real need is a conservatorship or an APS referral, or when the dispute is genuinely about inheritance rather than safety. And we frequently resolve these matters — a negotiated stay-away, an agreement to restore contact, or a stipulated order without findings — when that protects the elder faster and avoids a damaging contested hearing within a family.

Why clients hire our firm for elder abuse cases

Elder cases sit where restraining-order law meets probate, financial exploitation, and sometimes criminal law — and they are emotionally hard, because they are about family. (Firm to supply verifiable figures; ensure State Bar Rules 7.1–7.5 compliance. Do not import results from non-elder matters.)

• Both sides — we help families protect a vulnerable parent and defend people wrongly accused in inheritance and family disputes. (We screen for conflicts; see how we represent both sides.)
• Cross-disciplinary — we coordinate the EARO with APS, conservatorship, civil financial-elder-abuse claims (§ 15657.5), and any criminal matter (Pen. Code § 368).
• All six Southern California counties — Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura, including the Probate divisions that hear these cases.
• Trial-tested — as a d/b/a of Barhoma Law, P.C., our restraining-order practice is backed by [#] years of courtroom experience.
• [#]+ restraining-order hearings handled. [Recognition / reviews to be inserted.]

How The Restraining Order Law Firm helps — on both sides

We represent both families seeking to protect a loved one and respondents defending against an elder abuse petition. For families, we move quickly to stop exploitation and isolation and to protect the elder and their assets, coordinating with APS, conservatorship, and any civil or criminal proceeding. For respondents, we protect your relationship, your firearms, your record, and your standing in any probate matter, and we press the defenses these cases turn on — no abuse, no undue influence, and pretextual family disputes. (We screen every matter for conflicts and never represent both sides of the same dispute.)

Call (888) 808-2179 or request a free consultation.

Frequently asked questions

For families protecting a loved one: frequently asked questions

Whether you’re protecting a parent from exploitation or isolation, or you’ve been wrongly accused in a family dispute, the next step matters — and the timeline is short. Call (888) 808-2179 for a free, confidential consultation, or request one online. We help families and respondents across all six Southern California counties.

The Restraining Order Law Firm is a d/b/a of Barhoma Law, P.C. This page is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Statutes, forms, durations, and case holdings change — verify all references with counsel before relying on them.