How do I get a domestic violence restraining order in San Diego?

You file DV forms with the San Diego Superior Court. A judge may issue a temporary order before the hearing.

How long does a DV restraining order last?

A domestic violence restraining order in San Diego can last up to five years.

Can I fight a domestic violence restraining order?

Yes. You may file a response, present evidence, and appear at the court hearing.

San Diego Elder Abuse Restraining Order Attorney — Protecting Seniors & Vulnerable Adults

If an elderly loved one (65 +) or dependent adult is being abused, neglected, or financially exploited, you don’t have to face it alone. At SD Restraining Order Help, our San Diego elder abuse attorneys help you secure legal protection through an Elder or Dependent Adult Abuse Restraining Order (EARO). We guide you step-by-step to keep your family safe.

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What Is an Elder / Dependent-Adult Abuse Restraining Order?

Under California law, “elder abuse” restraining orders are designed to protect vulnerable adults — including people aged 65 or older, or dependent adults who have physical or mental limitations.

Abuse can take many forms: physical harm, emotional distress, neglect, financial exploitation, or isolation.

These restraining orders are civil (not criminal), but they create enforceable court orders to stop abuse and control contact.

Who Can File?

You or someone acting on your behalf may file for an Elder Abuse Restraining Order (“EARO”) if:

You are 65+, or a dependent adult (18–64) with mental or physical limitations.

The abuse is by someone close (family member, caregiver), but it doesn’t have to be someone who lives with you.

If you can’t file yourself, certain people can do it for you:

A legal guardian or conservator

A person holding your power of attorney

An attorney, or a guardian ad litem if appointed

What Does the Court Order Do?

An Elder Abuse Restraining Order can include:

No Contact: Prevent the abuser from contacting you (in person, by phone, via messages)
Stay-Away: Court may order the abuser to stay a certain distance from your home or places you go regularly.
Move-Out: If they live with you, the court may force them to move out.
Firearm Restrictions: The abuser may be ordered to give up firearms or not possess weapons.
Financial Protection: The court can order the abuser to stop exploiting your finances or return misused assets.

Additionally, the court can impose other protective measures (depending on your situation) that support safety and recovery.

How the Process Works (Filing & the Hearing)

Step 1 – Complete the Forms: You must fill out California judicial forms (e.g., EA-100) to request protection. You’ll describe the abuse in detail — including both past and ongoing incidents.
Step 2 – File With the Courthouse: Bring your completed forms to the court clerk. Some counties may allow drop-box filing. There is no filing fee for an elder abuse restraining order.
Step 3 – Temporary Restraining Order (TRO): The court may issue a Temporary Restraining Order while you wait for the full hearing.
Step 4 – Court Hearing: A hearing is scheduled where you (and/or your attorney) present your case, including any evidence: police reports, medical records, witnesses, or written statements.
If the judge agrees, a Permanent Restraining Order may be granted, typically lasting up to 5 years.

Evidence That Helps Your Case

Here are examples of what you can use to build a strong case:

Written or recorded communications (texts, emails, voicemails) showing abusive behavior.
Police reports or prior calls made to law enforcement.
Medical or financial documentation showing neglect, injury, or exploitation.
Witness testimony from family, caregivers, or neighbors.

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Your Freedom Deserves a Fighter.

We will never share your information with anyone.