Prepare your documents for Elder Abuse Restraining Order in California
This website helps prepare the forms required for Elder Abuse Restraining Order in California.
An overview of restraining orders at is here
HOW IT WORKS
1. Take Screening
Start with an online screening tool to help you decide which civil protection order fits your situation the best.
2. Prepare Documents
Instead of requiring you to review and complete the court forms yourself, our system will guide you through the process of filing for an Elder Abuse Restraining Order in California. You’ll be asked simple, topic-based questions in clear, non-legal language. Based on your answers, we’ll automatically generate the necessary responses and fill them into the appropriate places on the official court forms.
3. Consult Advocate (Optional)
You can consult an advocate for guidance when filing an Elder Abuse Restraining Order in California. Advocates can help review your situation, explain your legal options, and assist with safety planning. While not required, their support can make the process clearer and less overwhelming.
4. File with the Clerk
To begin the process of obtaining an Elder Abuse Restraining Order in California, you must file a request with the Clerk of Court in the county where you or the person causing harm lives. Filing is free of charge and can typically be done in person or online through the court’s website.
Process
Step 1
You: Gather Evidence. What do you need to request an Elder Abuse Restraining Order in California?
Gathering evidence strengthens your case when filing for an Elder Abuse Restraining Order. While your personal testimony may be enough, providing additional evidence can significantly improve your chances of receiving protection.
The following are accepted types of evidence under California law:
Evidence Type 1: Ongoing Criminal Case
If the person you’re seeking protection from is already involved in a criminal investigation or court case, this supports your request. Judges in California consider law enforcement involvement a strong indicator of risk.
Evidence Type 2: Photos of Injuries, Property Damage, or Unsafe Conditions
Photographs showing bruises, cuts, damaged property, or hazardous living conditions can be impactful. Include brief descriptions of what each image shows to help the judge understand the abuse or neglect.
Evidence Type 3: Printouts of Messages or Voicemails
You may submit printed or screenshot evidence of threatening texts, emails, or voicemails. California courts allow these to be submitted as physical documents or attached digitally (e.g., PDFs).
Evidence Type 4: 911 Call Records
If you called 911, include the following:
Date and time of the call
Who made the call
What was reported
Any dispatcher details (e.g., male/female voice)
Related police case or incident number
You can request a copy of the call record from the local law enforcement agency.
Evidence Type 5: Medical Records
Include medical documentation related to abuse or neglect. Accepted documents include:
Emergency room or urgent care discharge summaries
Hospital or clinic visit records
Doctor’s notes describing injuries
Patient portal printouts (e.g., MyChart)
Evidence Type 6: Police Reports
If law enforcement responded to any incidents, attach copies of any related reports or arrest records. These are available from your local police department or sheriff’s office.
Evidence Type 7: Witness Statements
Detailed written statements from friends, family, caregivers, or neighbours who observed abuse or neglect can be helpful. While California does not require notarization, statements should include names, dates, and specific observations.
Step 2
You: Take Online Screening
Determine if your situation is generally suitable for applying for an Elder Abuse Restraining Order by completing a quick screening. You can begin by entering your ZIP code in the top right corner.
Step 3
You: Create Case Documents - "Packet"
After the screening, this website will guide you through the remaining steps to generate the required court documents.
Just so you know: To request an Elder Abuse Restraining Order in California, you must complete and submit a set of official court forms. These forms ask questions to help the court understand your situation and the people involved.
The most important form is the petition, officially called the Request for Elder or Dependent Adult Abuse Restraining Orders (Form EA-100).
Step 4
You: File with the Court. How to file an Elder Abuse Restraining Order in California
California allows you to file a request for an Elder Abuse Restraining Order either in person or electronically, depending on your county.
While some forms can be accessed online, official filing must be done through the Clerk of the Superior Court in the county where you or the person you’re filing against lives.
To formally request protection, you must submit your completed forms to the court. This process is called filing, and it can be done in two main ways:
In person (at the courthouse)
Online (available in some counties through electronic filing portals)
E-filing offers convenience and is available 24/7 in supported counties. The filing date is the day you submit your forms, or the next business day if filed after hours.
Once filed, the documents are processed by the court, and a case number will be assigned.
Step 5
Judge Issues a Temporary Restraining Order
Based on the information and evidence you provide, a judge in California may issue a Temporary Restraining Order (TRO) the same day you file. This is also known as an ex parte order, and it is intended to provide immediate protection until a full court hearing is held.
In situations that seem less urgent or have limited supporting evidence, the judge may take a few days to decide on the temporary order.
If the judge determines there are no legal grounds, the petition is incomplete, or the court does not have jurisdiction, your request may be denied. However, in some cases, the court may still schedule a hearing so both parties can present their sides.
Step 6
Law Enforcement: Delivers Temporary Restraining Order to the Abuser
Once a judge issues a Temporary Restraining Order (TRO) for Elder Abuse, it must be formally delivered (served) to the restrained person before it becomes legally enforceable. After service, any violation of the order can result in arrest or criminal charges.
Service of process can occur in the following ways:
By Law Enforcement (Most Common)
The court typically sends the signed TRO to the county sheriff, who will serve it directly to the restrained person.
• You do not need to serve the papers yourself.
• You will be notified once service is completed.
By Registered Process Server or Adult Third Party
In some counties or if requested, the court may allow you to arrange for a licensed process server or a responsible adult (not involved in the case) to serve the documents.
• This is more common when law enforcement is unable to locate the restrained person.
• You may need to file a proof of service with the court after delivery.
Unknown Location (Special Circumstances)
If you don’t know the restrained person’s location, the court may advise you to keep a copy of the TRO with you.
• If law enforcement responds to a call involving the person, officers can serve the order in the field.
• This ensures you're still protected even if formal service hasn’t been completed.
Step 7
You, Abuser: Attend Court Hearing
After the Temporary Restraining Order (TRO) is issued and served, the court will schedule a final hearing, typically within 21 days.
Both you and the restrained person (the respondent) will have the opportunity to attend the hearing and present evidence or testimony.
During the hearing, the judge will consider:
Evidence provided by both sides
Witness testimony (if any)
Any developments since the TRO was issued
If the judge finds clear evidence that elder abuse occurred or is likely to happen again, they may issue a Permanent Restraining Order. This order can last up to 5 years—or longer—depending on the case, and it can be renewed or modified as needed.
Step 8
You: Collect the Final Restraining Order
If the judge grants a Permanent Elder Abuse Restraining Order, the court will prepare a signed copy of the order.
• Be sure to get a certified copy of the final order from the court clerk.
• Keep a copy with you at all times.
• You may also want to give copies to trusted individuals, such as caregivers, family members, or your local law enforcement agency.
• The order will also be entered into a statewide law enforcement database for enforcement.
FAQs
Court Forms Created This website guides you through all the topics required to complete your Elder Abuse Restraining Order documents and file your case.
Core Forms
- Confidential CLETS Information
- Notice of the Court Hearing
- Order Transferring Wireless Phone Account
- Income and Expense Declaration
- Restraining Order After Hearing
- Temporary Restraining Order
- Request for Domestic Violence Restraining Order