the Wall, We Are Right
There With You
Last updated: February 17, 2026
Attorney reviewed by: Attorney Matthew Barhoma
Being accused of elder or dependent adult abuse is one of the most damaging allegations a person can face in California. A single petition can trigger a temporary restraining order that removes you from your home, cuts off contact with a family member, costs you your job, and ends your professional career — all before you ever appear in court.
California courts move fast on these cases. The moment a petition is filed, a judge reviews it without you present. If the judge believes there is a reasonable showing of abuse, a Temporary Restraining Order (TRO) issues immediately. You are then served with that order and given a court date — typically within 21 to 25 days — to contest it.
That short window is everything. What you do between service and the hearing determines whether the order becomes permanent. Waiting, hoping the situation resolves itself, or showing up to court unprepared are not options. You need an attorney who understands the law, the evidence rules, and the courtroom dynamics that govern elder and dependent adult abuse restraining order proceedings in Southern California.
Power Trial Lawyers defends people accused of elder and dependent adult abuse across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego Counties. Call us at 888-808-2179 for a free consultation. The sooner you act, the stronger your defense. We can often review your paperwork the same day you call
If you have been served with an elder or dependent adult abuse Temporary Restraining Order, treat the paperwork like a set of rules that apply right now, even if the allegations are false. The court set a hearing date within a short window, and the steps you take in the first 24 to 48 hours will shape what evidence you can use, what risks you face, and how strong your defense will be.
Use this checklist as a practical reset. It is designed to reduce criminal exposure, preserve evidence, and put you in the best position to fight the petition at the hearing.
Call us at 888-808-2179 for a free consultation
Most restraining order violation cases come from avoidable moments, not dramatic confrontations. Keep these two rules in mind.
First, do not respond to contact, even if the protected person initiates it. The order binds you, not them, and a well-meaning reply can become a Penal Code 273.6 allegation.
Second, do not assume “public place” means “safe.” If the order restricts distance or lists locations, a chance encounter can still be treated as a violation if you stay, speak, or move closer instead of leaving immediately.
If you want your attorney to move fast, bring a clean package of information. This is what lets counsel spot defenses, procedural defects, and leverage points quickly.
These steps are not about arguing online, proving innocence in a text thread, or persuading the petitioner. They are about keeping you safe from violation charges, preserving the evidence that wins hearings, and positioning you to walk into court prepared instead of reactive. If you act immediately, you give your defense the time and structure it needs to beat the petition.
California’s Elder Abuse and Dependent Adult Civil Protection Act, codified primarily at Welfare and Institutions Code sections 15600 through 15750, establishes a civil restraining order mechanism designed to protect vulnerable adults from abuse, neglect, and exploitation.
Unlike a domestic violence restraining order (governed by the California Family Code) or a civil harassment restraining order (governed by Code of Civil Procedure section 527.6), an elder abuse restraining order operates under its own statutory framework with distinct eligibility requirements, procedural rules, and burdens of proof.
The protected categories under Welfare and Institutions Code section 15610.27 include:
A broad range of people can seek or be named in these orders. Family members, paid caregivers, nurses, home health aides, financial advisors, neighbors, and even other residents of care facilities have been named as respondents.
Under Welfare and Institutions Code section 15610.07, “abuse” of an elder or dependent adult includes:
These categories are broad. They are frequently alleged in family disputes, inheritance conflicts, contested conservatorships, and situations where a paid caregiver has been terminated.
Under Welfare and Institutions Code section 15657.03, a petition for an elder or dependent adult abuse restraining order may be filed by:
This means a family member with legal authority — or even a government agency — can initiate proceedings against you without the elder or dependent adult ever requesting it.
The petitioner must establish abuse by a preponderance of the evidence — meaning it is more likely than not that the alleged abuse occurred. This is a lower standard than the criminal “beyond a reasonable doubt” threshold. It means even disputed or weak evidence can result in a restraining order if you do not effectively contest it.
At the contested hearing, the judge is not there to sort out family history or decide who is the “better person.” The judge is deciding a narrower question: whether the petitioner proved elder or dependent adult abuse by a preponderance of the evidence, and whether the specific restrictions requested are justified by the facts. Your case rises or falls on what the judge believes, what the documents show, and whether the requested order is appropriately tailored to the alleged risk.
Judges make credibility calls all day in restraining order court. They look at how each person testifies, whether the story stays consistent under questioning, and whether the testimony sounds like personal knowledge or a rehearsed narrative. Credibility issues often show up when a petitioner exaggerates, changes details, or adds new claims only after a dispute escalates. If the petitioner’s testimony shifts, courts notice. If your testimony is calm, specific, and supported by records, courts notice that too.
A petitioner can be genuinely upset and still be wrong. Judges look for corroboration, especially when the allegations are serious. Corroboration can include third-party witnesses, facility incident reports, camera footage, police reports, medical notes, bank statements, caregiver logs, or even neutral communications like appointment reminders and billing records. When a petition relies entirely on a single declaration without independent support, that gap becomes a central defense point.
Courts tend to trust records created close in time to the alleged events. A text message sent the same day, a facility log entry, a chart note, or an email to a supervisor can be far more persuasive than a declaration written weeks later once litigation strategy and family pressure set in. Judges know that memory changes and motivations harden over time. Contemporaneous records reduce that uncertainty and often decide the case.
In many elder abuse restraining order cases, the underlying conflict is not safety. It is control. Judges often see petitions filed during inheritance disputes, contested conservatorships, arguments over who “gets” to manage care, and conflicts about access to money, housing, or decision-making authority. A court will take alleged abuse seriously, but it will also evaluate whether the petition is being used as leverage to remove someone from the picture. If the timing of the filing lines up with a financial dispute, a caregiver termination, or a battle over estate planning documents, that motive evidence matters.
When the petition claims physical abuse, neglect, overmedication, dehydration, malnourishment, or unsafe living conditions, judges look for medical documentation that matches the story. That may include emergency room records, primary care notes, photos taken by medical staff, facility assessments, medication administration records, and caregiver instructions. Defense strategy often turns on showing an alternative explanation for injuries, a documented baseline condition, or a medical record that simply does not support the accusation being made in court.
Financial abuse allegations often sound compelling in a declaration, but they live or die on documentation. Judges focus on the paper trail: bank statements, canceled checks, wire transfers, account access logs, Power of Attorney documents, trust records, invoices, caregiver contracts, and communications showing consent or authorization. Courts also pay attention to whether the alleged “wrongful” transfers match the elder’s prior spending habits, whether there were gifts consistent with past behavior, and whether the petitioner’s claims are precise or vague. A clean paper trail can defeat a petition quickly. A missing paper trail is where petitioners try to create suspicion.
Even if a judge believes some misconduct occurred, the judge still has to decide what restrictions are necessary. Overbroad requests can backfire. Judges look at whether the requested terms match the alleged problem. If the petition claims a phone harassment issue, a judge may question why a move-out order is needed. If the petition claims financial exploitation, a judge may narrow the relief to financial restrictions rather than sweeping stay-away provisions. This is a key place where a defense attorney can push the court toward a limited, practical order or toward denial when the requested relief is not supported by the facts.
In most hearings, the side that presents a clearer, better-supported story wins. Judges do not want speculation. They want specifics, documents, and testimony that holds up under cross-examination. If you build your defense around credibility, corroboration, strong contemporaneous records, motive evidence in family conflicts, objective medical documentation, a clean financial paper trail, and the overbreadth of what the petitioner is asking for, you give the court a structured reason to deny the petition or sharply limit the relief.
Understanding the procedural timeline helps you act strategically from the moment you learn a petition has been filed or served.
The 21-to-25-day window between service and hearing is when your defense must be built. Gathering evidence, identifying witnesses, subpoenaing records, and preparing cross-examination all require lead time. Do not wait.
If the court grants an elder or dependent adult abuse restraining order, the terms can be sweeping. Under Welfare and Institutions Code section 15657.03, the court may order:
This is not a civil formality. The consequences of a granted elder or dependent adult abuse restraining order reach into nearly every area of your life.
Every California restraining order is entered into the California Law Enforcement Telecommunications System (CLETS) and reported to the FBI’s National Crime Information Center (NCIC). The order is immediately accessible to every law enforcement agency in the country. Background checks will disclose it. Future employers, landlords, and licensing agencies can see it.
Violating a restraining order — including any unintentional contact — is a criminal offense under Penal Code section 273.6. A first violation can be charged as a misdemeanor. Subsequent violations, or violations involving violence, can be charged as felonies. Even a single phone call, text message, or chance encounter can result in arrest and criminal prosecution.
Under California Penal Code sections 29825 and 18250, and federal law under 18 U.S.C. § 922(g)(8), a person subject to a domestic violence or elder abuse restraining order is prohibited from owning, possessing, purchasing, or receiving firearms or ammunition for the duration of the order. Violation is a federal crime with up to ten years imprisonment.
For non-citizens, an elder abuse restraining order may trigger severe immigration consequences. Under 8 U.S.C. § 1227(a)(2)(E), a civil protective order related to domestic violence or elder abuse can form the basis for removal proceedings. Even a TRO — a temporary order — can surface in immigration proceedings. If you are not a U.S. citizen, the immigration consequences must be addressed from day one.
California’s professional licensing boards treat restraining orders as disciplinary triggers. Professionals in the following fields face mandatory reporting requirements and potential license suspension or revocation:
If you hold a professional license and face an elder abuse restraining order, the stakes are not just personal — they are career-ending if the order is granted. Fight now.
A move-out order can remove you from your own home with 24 hours notice. Background checks run by landlords and employers will reveal the restraining order. In healthcare and eldercare, the order alone — regardless of any criminal charge — can result in immediate termination and exclusion from future employment in the field.
A strong defense starts with understanding why the petition was filed, what evidence exists, and where the petitioner’s case is weak. Every case is different. But these are the defense strategies we use most often — and most effectively.
The petitioner must establish specific acts of abuse by a preponderance of the evidence. Vague, generalized, or contradicted claims do not meet that standard. We examine every declaration, every exhibit, and every piece of supporting documentation filed with the petition. We look for inconsistencies, lack of corroboration, and contradictions with objective evidence such as medical records, financial records, and surveillance footage.
Elder abuse restraining orders are frequently weaponized in family disputes, contested estate proceedings, and battles over conservatorship. A family member seeking control of an elder’s finances may file an abuse petition to sideline a competing heir or remove a legitimate caregiver. We have seen this pattern repeatedly. When the allegations are motivated by something other than genuine concern for the elder, the evidence trail usually shows it.
Digital communication records are often the most powerful evidence in these cases — in both directions. The petitioner’s own text messages may show the allegations are exaggerated, retaliatory, or fabricated. We subpoena phone records, request preservation of digital evidence, and conduct forensic analysis when the situation warrants. We also ensure any digital evidence you have is properly authenticated and admitted.
In physical abuse and neglect cases, we subpoena medical records to establish the elder’s actual condition and rule out alternative explanations for injuries. In financial abuse cases, we obtain bank statements, wire records, account history, and gift documentation to show that any transfers were authorized, consensual, and consistent with the elder’s expressed wishes.
The credibility of the petitioner is central to the court’s decision. Through targeted, methodical cross-examination, we expose inconsistencies in the petitioner’s account, prior false statements, financial motives, and personal conflicts of interest. We do not let unchallenged testimony stand.
In complex cases — particularly those involving cognitive impairment, disputed medical findings, or contested financial transactions — we retain qualified experts. Geriatric psychiatrists, forensic accountants, and elder law specialists have testified on behalf of our clients to rebut the petitioner’s narrative with authoritative, credible evidence.
We examine the petition and TRO for procedural defects that may warrant dismissal or relief from the order. We will also verify that service was properly effected, that the petition was filed in the correct court, and that the declarations contain sufficient specific facts — not just conclusory statements. Then, we raise due process challenges where appropriate, particularly in emergency move-out situations where the respondent had no meaningful opportunity to be heard.
Paid caregivers and professional healthcare workers face unique challenges. Allegations often arise from family members who disagree with a caregiver’s decisions, who want to take over care themselves, or who suspect the caregiver of having financial influence over the elder. We address these dynamics directly — presenting documentation of the caregiver’s professional conduct, care plans, communications with other family members, and the elder’s own expressed preferences.
Being served with an elder or dependent adult abuse TRO while you are — or were — a caregiver is a specific kind of crisis. You are not just facing a court order. You are facing the potential end of your livelihood, the loss of your professional license, and the reputational damage that comes from being officially accused of harming someone you were paid to protect.
Most caregivers served with these orders make the same mistakes in the first 48 hours. Those mistakes make everything harder. Here is what you need to know — and what you need to do — immediately.
The moment you are served, the TRO is legally binding. Any contact with the protected person — or anyone named in the order — is a criminal violation under Penal Code section 273.6, regardless of who initiates it. This means:
If the protected person contacts you first, you are still bound by the order. Walk away, do not respond, and document the attempted contact immediately. Tell your attorney.
The evidence that exists today may not exist in three weeks. Begin preserving records immediately.
Do not delete anything. Even communications that seem unflattering may be useful in context. Destruction of evidence — even informal destruction — can have serious consequences in litigation.
Being served with a TRO does not mean you have been found guilty of anything. It does not mean the allegations are true. It means a judge reviewed a one-sided declaration and found a sufficient showing to issue a temporary order pending a hearing. You have not had your opportunity to respond yet. That opportunity comes at the noticed hearing — and it is the most important moment in this case.
As a respondent in an elder or dependent adult abuse restraining order proceeding, you have the right to:
Failing to appear at the hearing is one of the worst things you can do. If you do not show up, the court will almost certainly grant the permanent order based on the petitioner’s declarations alone. A five-year restraining order will issue by default. Your professional life, your gun rights, and your immigration status are at risk — and you will have given up your only realistic chance to stop it.
Depending on your profession, you may have mandatory reporting obligations triggered by a restraining order. Certified nursing assistants, home health aides, and personal care workers employed by licensed facilities are typically required to self-report certain adverse legal events to the California Department of Public Health or the Health Care Access and Information Agency (HCAI). Failure to report when required can itself constitute grounds for license revocation.
Before you report anything to any licensing board, speak with an attorney. The way a report is framed — what information is disclosed, in what order, with what context — matters enormously to how the licensing board responds. A report submitted without legal guidance can trigger an investigation that would not have occurred if the matter had been handled correctly from the start.
If the order names your specific workplace or the facility where the elder resides, the stay-away terms may prevent you from going to work. You will need to notify your employer. Again, do this with your attorney’s guidance — your communications to your employer become part of the record and may be discoverable.
Every public statement you make about this case — on social media, to coworkers, to other family members of the elder, to news outlets — can and likely will be used against you at the hearing. The same is true for anything you post online, anything you say to the petitioner’s family, and any informal attempts to “clear the air” or “tell your side of the story” before you have legal guidance.
Yes. A TRO is not a final order. You have the right to appear at the noticed hearing, present your own evidence, call witnesses, subpoena records, and cross-examine the petitioner. If the court finds the allegations are not supported by a preponderance of the evidence, the TRO is dissolved and the petition is dismissed. A strong, prepared defense can prevent a permanent order from being entered — even if a TRO was already issued against you.
The hearing is a contested civil proceeding before a judge. Both sides may present evidence, call and examine witnesses, and make legal argument. There are no juries. The judge applies a preponderance of the evidence standard. Hearings in elder abuse matters are typically scheduled at the courthouse in the county where the petitioner resides. In Los Angeles, this may be the Stanley Mosk Courthouse in downtown Los Angeles or the Van Nuys Courthouse in the San Fernando Valley. In Orange County, hearings are commonly held at the Central Justice Center in Santa Ana or the Lamoreaux Justice Center in Orange.
Yes — immediately and significantly. Under California Penal Code section 29825 and federal law under 18 U.S.C. § 922(g)(8), you are prohibited from owning, possessing, purchasing, or receiving any firearm or ammunition while an elder abuse restraining order is in effect. You must surrender all firearms to law enforcement or a licensed dealer within 24 hours of service. Failure to do so is a separate criminal offense. These restrictions apply even if you are a licensed security officer or law enforcement professional.
Yes. As soon as an elder or dependent adult abuse TRO or permanent restraining order is entered, it is transmitted to the California Department of Justice and entered into both CLETS and the federal NCIC database. It is visible to employers running background checks, landlords screening tenants, professional licensing boards reviewing applications, and law enforcement officers at any traffic stop. If the judge dismisses the order or it expires, its removal from the databases is not automatic — you must take affirmative steps.
Yes. The court can deny the petition at the hearing if the evidence does not support the allegations. The court can also dismiss the petition if it is procedurally defective — for example, if the declarations are insufficient, if service was improper, or if the petitioner lacks standing. In addition, the petitioner can voluntarily dismiss the petition before the hearing. Having a defense attorney often motivates early dismissal, particularly when the petitioner’s motivations are retaliatory rather than protective.
Act immediately. Gather all financial records documenting any transactions between you and the elder. Preserve any communications — texts, emails, voicemails — in which the elder expressed consent, gratitude, or requested transactions. Do not contact the elder or alleged victims without speaking with an attorney first. False financial elder abuse allegations are common in estate disputes and contested conservatorships. Courts take these allegations seriously. You should too.
The consequences are immediate and potentially career-ending. If the order names your workplace or the person in your care, it may prevent you from going to work. Your employer will likely learn of the order through CLETS or required reporting. Licensing boards governing home health aides, certified nursing assistants, and personal care workers may initiate disciplinary proceedings based on the restraining order alone — without waiting for a criminal conviction. You need a defense lawyer who understands both the restraining order proceedings and the licensing board implications.
In some cases, yes — but not always. If the elder or dependent adult personally petitioned for the order, they can seek to have it dismissed. However, if the petition was filed by an adult protective services agency, a conservator, or another authorized party acting on the elder’s behalf, the filing party controls the decision to proceed or dismiss. The court also retains the authority to keep the order in place if it determines that the elder is subject to undue influence and that dismissal would not serve their interests.
Yes, and the consequences can be severe. Under 8 U.S.C. § 1227(a)(2)(E), a civil protective order related to elder abuse can form the basis for removal proceedings against a non-citizen. Even a TRO — issued without a hearing — can appear in immigration proceedings and trigger adverse determinations. Non-citizens facing elder abuse restraining order petitions in Southern California must retain a defense attorney immediately and discuss the immigration implications before the hearing.
A domestic violence restraining order (DVRO) is governed by the California Family Code and applies between people in intimate partner or certain family relationships. An elder or dependent adult abuse restraining order is governed by Welfare and Institutions Code section 15657.03 and is available against anyone — including paid caregivers, neighbors, financial advisors, or adult children. The protected persons are elders (65+) and dependent adults (18–64 with limiting disabilities). Procedurally, both involve a TRO and a noticed hearing, but the statutory basis, available remedies, and specific allegations differ significantly. The legal strategies for defense also differ.
If you are facing related proceedings, the following resources may assist:
Power Trial Lawyers defends respondents in elder and dependent adult abuse restraining order cases throughout all five counties of Southern California. Courthouse familiarity, local judicial temperament, and procedural habits vary significantly by jurisdiction. Experience in the specific courthouse your case is in makes a material difference.
Los Angeles County Superior Court handles the highest volume of elder and dependent adult abuse restraining order cases in the state. The courthouse where your case is assigned depends on the petitioner’s address. Cases are heard at the Stanley Mosk Courthouse in downtown Los Angeles for central district residents, at the Van Nuys Courthouse for the San Fernando Valley, at the Pasadena Courthouse for the San Gabriel Valley, at the Long Beach Courthouse for the south bay coastal areas, at the Torrance Courthouse for the South Bay, at the Airport Courthouse near LAX, and at the Santa Monica Courthouse for the Westside. We practice in all of these courtrooms.
Orange County Superior Court assigns restraining order hearings based on where the petitioner resides. Hearings take place at the Central Justice Center in Santa Ana for central and south county residents, at the Lamoreaux Justice Center in Orange for inland mid-county, at the Harbor Justice Center in Newport Beach for coastal south county residents, at the North Justice Center in Fullerton for north county, and at the West Justice Center in Westminster for west county residents including Garden Grove, Westminster, and Huntington Beach.
Riverside County holds elder abuse restraining order hearings at the Riverside Historic Courthouse for city of Riverside residents, at the Southwest Justice Center in Murrieta for Southwest Riverside County including Temecula, Murrieta, and Lake Elsinore, and at the Larson Justice Center in Indio for the Coachella Valley including Palm Springs, Palm Desert, and Indio.
San Bernardino County Superior Court assigns elder and dependent adult abuse restraining order cases to courthouses based on the filing location. We appear regularly at the San Bernardino Justice Center, the Rancho Cucamonga Courthouse serving Ontario, Chino, and the western Inland Empire, and the Victorville Courthouse for residents of the High Desert including Victorville, Hesperia, and Apple Valley.
San Diego County Superior Court holds elder and dependent adult abuse restraining order hearings at the Central Courthouse in downtown San Diego, at the Vista Courthouse for North County residents including Escondido, Carlsbad, and Oceanside, and at the Chula Vista Courthouse for South County residents including Chula Vista, National City, and El Cajon.
If you have been served with an elder or dependent adult abuse TRO, or if you believe a petition is about to be filed against you, do not wait. The hearing is scheduled within 21 to 25 days of service. That is the window within which your defense must be built. Evidence gathered now may not be available later.
Power Trial Lawyers handles elder and dependent adult abuse restraining order defense across Los Angeles, Orange County, Riverside, San Bernardino, and San Diego. We appear in courtrooms throughout Southern California — from the Stanley Mosk Courthouse in downtown Los Angeles to the Southwest Justice Center in Murrieta to the Central Courthouse in San Diego.
Every case is different. The facts, the evidence, the relationships, and the dynamics behind the allegations all shape the defense strategy. What we can tell you now is this: the earlier you retain counsel, the stronger your position at the hearing.
Call Power Trial Lawyers now at 888-808-2179 for a free consultation. You can also reach us through our online contact page. We respond promptly and consult in confidence. This call is free. Your defense starts today.