How to Fill Out California Form EA-100 (w/Examples) + FAQs

Yes, you can fill out California Judicial Council Form EA-100 yourself to ask a judge to protect an elder or dependent adult from abuse, and the court will not charge a filing fee under Government Code §6103 when the petition involves abuse. The form is the gateway to an Elder or Dependent Adult Abuse Restraining Order (EADARO), which can stop physical harm, neglect, isolation, financial exploitation, and emotional abuse against people 65 and older or adults aged 18-64 with qualifying disabilities under the Elder Abuse and Dependent Adult Civil Protection Act.

The problem is urgent because California’s Department of Justice reports through its elder abuse resources that roughly 1 in 10 Californians over 65 experience some form of abuse each year, and a 2023 National Council on Aging study found that financial elder abuse alone drains over $28.3 billion annually from older Americans. Filing EA-100 wrong, or filing the wrong form, can delay protection for weeks while abuse continues.

Here is what you will learn:

• 📝 How to complete every line of Form EA-100, section by section, with named examples
• ⚖️ Which abuse types qualify under Welfare & Institutions Code §15610.07
• 📂 The companion forms (EA-109, EA-110, EA-120, EA-130, CLETS-001, MC-025) that travel with EA-100
• 🚫 The seven most common mistakes that get petitions denied or delayed
• 💡 Practical do’s, don’ts, pros, cons, and FAQs covering fees, firearms, and hearings

What Form EA-100 Does and Who Can File It

Form EA-100 is the Request for Elder or Dependent Adult Abuse Restraining Orders. It starts a civil case under Welfare & Institutions Code §15657.03, which lets a superior court order a person to stay away from, stop contacting, or stop harming a protected senior or dependent adult. The order can also force the abuser to move out of a shared home, surrender firearms, and return property.

The plain-English meaning is simple. You are asking a judge to put legally enforceable rules on someone’s behavior so they cannot keep hurting an older or disabled adult. The consequence of not using EA-100 in qualifying situations is that other restraining orders, like the CCP §527.6 civil harassment order, do not unlock the elder-specific remedies, including attorney’s fees and enhanced damages under Welfare & Institutions Code §15657.

For example, Maria Delgado, a 72-year-old grandmother in Fresno, files EA-100 against her live-in nephew after he forges her signature on three checks. Because she uses EA-100 instead of a civil harassment form, the judge can also order the nephew to repay the funds and stay 100 yards away under the elder-abuse statute. A common misconception is that EA-100 is only for physical abuse; in reality, it covers financial abuse, neglect, abandonment, isolation, abduction, and mental suffering as defined in the statutory definitions of elder abuse.

Who Qualifies as a Protected Person

A protected person is either an elder (any California resident 65 or older) or a dependent adult (someone aged 18-64 whose physical or mental limits restrict their ability to carry out normal activities or protect their rights), as defined under Welfare & Institutions Code §15610.27 and §15610.23. The protected person does not need to live with the abuser.

The consequence of filing for someone who does not meet these definitions is dismissal. For example, Tom Nguyen, age 60, has no disability; his son cannot use EA-100 to protect him because Tom is not yet 65 and is not a dependent adult. A common misconception is that being retired makes someone a dependent adult; retirement alone does not qualify.

Who Can File the Petition

The petitioner can be the elder or dependent adult, a conservator, a guardian, an attorney-in-fact under a valid power of attorney, a trustee, or any other person legally authorized to seek the order on the elder’s behalf, per Welfare & Institutions Code §15657.03(b)(1). Adult Protective Services workers may also help arrange filings.

The consequence of filing without standing is denial. For example, Janet Liu, a neighbor with no legal authority, files EA-100 for her 80-year-old friend without consent; the judge can refuse the order because Janet is not authorized. A common misconception is that any concerned relative can file; only people with legal authority or the elder’s permission may petition.

Before You Touch the Form: Gather These Items

Strong EA-100 petitions start with strong facts. Before you write anything, collect dated records of every abusive act: text messages, bank statements, photos of injuries, medical records, police reports, and witness statements. The court relies on the Judicial Council’s evidentiary standards and clear and convincing evidence to issue permanent orders.

Skipping this step weakens the case. Without specific dates, dollar amounts, and quotes, the judge may deny the temporary restraining order (TRO) for vague allegations. For example, David Brooks, age 78, prepares for his EA-100 hearing by printing six months of Wells Fargo statements highlighting unauthorized $500 ATM withdrawals; that paper trail proves financial abuse under Welfare & Institutions Code §15610.30.

You will also need the abuser’s full legal name, date of birth, physical description, current address, and any vehicle information for the CLETS-001 Confidential CLETS Information form that law enforcement uses to enter the order into the statewide database. Missing this information delays enforcement.

Step-By-Step: Filling Out Every Section of EA-100

The form follows a numbered structure. Each item below mirrors the boxes on the official EA-100 PDF. Type entries when possible; many courts now require electronic filing through eFileCA or local portals.

Caption and Court Information

The top caption asks for the petitioner’s name, attorney information (if any), and the superior court’s address. Use the court located in the county where the elder lives or where the abuse happened, per California Rules of Court, Rule 3.1161. Filing in the wrong county can cause transfer or dismissal.

If you are filing for yourself, write your name on the Your Name line; if you are filing for someone else, list yourself as the person asking for protection on behalf of the elder. The consequence of mixing these up is confusion in service and notice. For example, Carla Mendoza, daughter of 82-year-old Hector Mendoza, lists herself as the person asking and Hector as the protected person, which the Judicial Council instructions confirm is the correct approach.

Item 1 – Person Asking for Protection

Item 1 collects the protected person’s name, age, address (a confidential address may be substituted under the Safe at Home program), and contact details. If the protected person is a dependent adult under 65, you must briefly explain the qualifying disability.

Leaving this blank or vague invites denial. For example, Priya Shah, age 40, has cerebral palsy that prevents independent self-care; her petition explains that limit in one sentence, satisfying the §15610.23 dependent adult test. A common misconception is that “elderly” alone is enough; the form requires the actual age or proof of dependent-adult status.

Item 2 – Person to Be Restrained

Item 2 names the abuser. Provide full legal name, aliases, date of birth, sex, height, weight, eye color, hair color, race, and address. This data feeds CLETS-001 so police can identify the restrained person on traffic stops.

The consequence of guessing or leaving fields blank is a slower CLETS entry and a weaker enforcement record. For example, Robert Kim lists his uncle’s two known aliases and his employer’s address because the uncle has no fixed home; deputies later locate the uncle at work. A common misconception is that the abuser must live in California; jurisdiction can attach if the abuse occurred in California or affected a California resident under CCP §410.10.

Item 3 – Additional Protected Persons

Item 3 lets you list family or household members who also need protection, such as the elder’s spouse, caregiver, or grandchildren who live in the home. The court may extend the order to them if there is good cause under Welfare & Institutions Code §15657.03(b)(4)(C).

Failing to list at-risk household members leaves them unprotected. For example, Grace Okafor, the live-in granddaughter and caregiver of 88-year-old Eleanor Okafor, is added in Item 3 because the abuser threatened both. A common misconception is that only blood relatives can be added; any household member with a credible safety concern can be listed.

Item 4 – Relationship to the Restrained Person

Item 4 asks how the protected person knows the abuser (son, neighbor, paid caregiver, financial advisor). The relationship affects which abuse theories apply, especially under the §15610.30 financial abuse rules targeting “care custodians” and “fiduciaries.”

Misstating the relationship can undercut your case. For example, Lily Chen identifies her mother’s home health aide as a care custodian, triggering enhanced duties under Welfare & Institutions Code §15610.17. A common misconception is that unpaid family members cannot be care custodians; courts in Winn v. Pioneer Medical Group (2016) 63 Cal.4th 148 held the term focuses on caregiving function, not pay.

Item 5 – Lawyer’s Fees and Costs

Item 5 lets you ask for attorney’s fees and costs. Under Welfare & Institutions Code §15657.03(t), the prevailing petitioner may recover reasonable fees and costs.

Skipping this box means waiving the right. For example, attorney Ana Ruiz checks the box for her client and later collects $7,500 in fees after winning the order. A common misconception is that self-represented filers cannot recover costs; they cannot recover attorney’s fees, but they can still recover filing-related costs.

Item 6 – Description of Abuse

Item 6 is the heart of the petition. Describe each abusive act in chronological order, with dates, locations, witnesses, and exact words used. Attach extra pages on Form MC-025 if needed, and label them clearly.

Vague narratives doom petitions. For example, Henry Park, age 75, writes: “On March 3, 2026, at my home in San Jose, my son Mark grabbed my wrist, leaving the bruise shown in Photo A, and yelled, ‘Sign the deed or else.’” That specificity satisfies the clear and convincing standard. A common misconception is that the judge will read between the lines; judges only consider what is written and attached.

Item 7 – No Personal Conduct Orders

Item 7 lists the behaviors you want stopped: harass, attack, strike, threaten, follow, stalk, destroy property, disturb peace, contact directly or indirectly, and abuse financially or through isolation. Check every box that applies.

Leaving boxes unchecked limits the order’s reach. For example, Sofia Alvarez checks “disturb the peace,” which the court in In re Marriage of Nadkarni (2009) 173 Cal.App.4th 1483 interpreted broadly to include reading private emails. A common misconception is that you should only check the most serious behavior; over-inclusion is allowed and often safer.

Item 8 – Stay-Away Orders

Item 8 sets minimum distances (often 100 yards) the restrained person must keep from the elder, the elder’s home, vehicle, workplace, doctors, religious site, and listed family. Specify each location.

Failing to list a key location, like the dialysis clinic, leaves a gap. For example, Walter Reyes lists his cardiologist’s office at 500 Main Street so the abuser cannot lurk there. A common misconception is that “anywhere the elder goes” is acceptable wording; courts require named addresses.

Item 9 – Move-Out Orders

Item 9 orders the abuser to move out of a shared residence. The petitioner must show legal right to live there and that the abuser has assaulted or threatened assault, per Welfare & Institutions Code §15657.03(b)(4)(B).

Skipping required proof leads to denial of the move-out. For example, Mae Johnson, age 80, attaches her grant deed and a police report describing her son’s threat to “burn the house down,” which supports the move-out. A common misconception is that ownership alone is enough; threats or assault must also be shown.

Item 10 – Firearms

Item 10 reminds the restrained person that under Penal Code §29825 and federal 18 U.S.C. §922(g)(8) they cannot own, possess, or buy firearms or ammunition while the order is in effect, and must surrender or sell within 24 hours and file a Form EA-800 Proof of Firearms Turn-In.

Ignoring this section creates serious safety risk. For example, Diane Foster notes that the abuser owns a registered Glock; the court orders surrender within 24 hours. A common misconception is that hunting rifles are exempt; all firearms and ammunition must go.

Item 11 – Record Unlawful Communications

Item 11 lets the protected person record any phone calls or messages the restrained person makes in violation of the order, even though Penal Code §632 usually requires two-party consent.

Forgetting to check the box can make recordings inadmissible. For example, Carlos Diaz checks Item 11, then records his cousin’s threatening voicemails, which become hearing exhibits. A common misconception is that recording is automatically allowed; the court order is what authorizes it.

Item 12 – Care of Animals

Item 12 gives the elder exclusive care, possession, and control of pets and service animals. Abusers sometimes harm pets to coerce elders, a tactic recognized in the California Veterinary Medical Association’s elder abuse guide.

Forgetting pets risks their loss. For example, Ruth Carter, age 90, asks the court to award her Buddy, a 12-year-old beagle, away from the abusive grandson. A common misconception is that only dogs and cats count; the box covers any animal owned, possessed, or kept by either party.

Item 13 – Property Control

Item 13 lets the court give the elder temporary use, control, and possession of property, including bank accounts, cars, and personal items. This is critical in financial abuse cases.

Without this order, the abuser can keep draining accounts. For example, Frank Liu, age 84, asks the court to freeze a joint Chase account so his daughter cannot withdraw more funds. A common misconception is that this transfers ownership; it only addresses temporary use until the hearing.

Item 14 – Property Restraint

Item 14 prevents either party from selling, transferring, or hiding property, except in the usual course of business or for necessities of life. It mirrors the freeze used in family law under Family Code §2040.

Failure to ask leaves assets vulnerable. For example, Olivia Reed asks the judge to restrain her brother from transferring their mother’s brokerage account at Schwab. A common misconception is that this stops bill-paying; ordinary expenses are allowed.

Item 15 – Debt Payment

Item 15 tells the restrained person to keep paying specific debts (mortgage, rent, utilities, insurance) tied to the elder’s home or care.

Skipping this can leave the elder without housing. For example, Beatrice Hall, age 81, asks her grandson to keep paying the $1,800 mortgage he agreed to cover. A common misconception is that the court will set up a new payment plan; the order only enforces existing obligations.

Item 16 – Other Orders

Item 16 is a catch-all for any additional protections, like ordering the abuser to attend counseling, return identification documents, or stop posting on social media about the elder.

Leaving it blank misses tailored relief. For example, Sam Harper asks the court to order his nephew to delete TikTok videos exposing his medical condition. A common misconception is that judges will not grant creative remedies; courts have broad equitable power under Welfare & Institutions Code §15657.03(b)(4)(F).

Item 17 – Time for Service

Item 17 asks the court to shorten time for serving the restrained person before the hearing. California normally requires five days under CCP §1005(b), but emergencies justify shorter notice.

Forgetting this can leave petitioners exposed. For example, Nina Patel shows the abuser is fleeing the state; the court allows 48-hour service. A common misconception is that shortened time is automatic; the petitioner must show good cause.

Item 18 – No Fee to Serve

Item 18 asks the sheriff or marshal to serve the papers for free under Government Code §6103.2. The court grants this almost automatically in elder abuse cases.

Paying for service when it is free wastes money. For example, Kevin Nguyen checks the box and the Los Angeles County Sheriff serves his stepfather at no cost. A common misconception is that you must hire a private process server; sheriff service is generally preferred for abuse cases.

Item 19 – Court Hearing Date

Item 19 is filled in by the court clerk after filing. The hearing must occur within 21 to 25 days under Welfare & Institutions Code §15657.03(p).

Missing the hearing dissolves the TRO. For example, Amelia Stone calendars the hearing date the moment the clerk writes it on the form. A common misconception is that you can reschedule freely; continuances require court approval.

Item 20 – Description of Abuse Attachment Reference

Item 20 confirms whether you attached extra pages, declarations, or MC-030 declarations. Number every attachment.

Unnumbered attachments get lost. For example, Vincent Ortega labels his exhibits A through F and references each in his declaration. A common misconception is that photos speak for themselves; you must explain each in writing.

Signature, Verification, and Filing

Sign under penalty of perjury. False statements can lead to perjury charges under Penal Code §118. File the originals plus three copies at the clerk’s office or through your county’s eFiling portal.

Forgetting to sign voids the petition. For example, Rita Alvarez signs and dates every page before driving to the Sacramento Superior Court. A common misconception is that an electronic signature is invalid; under CCP §17(b)(5), e-signatures are valid.

Three Real-World Scenarios With Outcomes

The following named scenarios show how EA-100 plays out in common abuse situations. Each table is two columns and explains what the petitioner does and what the court orders.

Scenario 1 – Financial Abuse by a Paid Caregiver

Petitioner Action	Court Outcome
Linda Chen, age 78, files EA-100 with three months of Bank of America statements showing $14,000 in unauthorized transfers by her caregiver	Judge issues TRO under §15657.03, freezes accounts, orders caregiver 100 yards away
Linda attaches the caregiver’s signed care contract and surveillance footage	Court grants restitution hearing and refers case to the California Attorney General’s Bureau of Medi-Cal Fraud and Elder Abuse
Linda checks Item 5 for attorney’s fees	Court awards $9,200 in fees after permanent order issues

Scenario 2 – Physical Abuse by an Adult Child

Petitioner Action	Court Outcome
Robert Daniels, age 70, files EA-100 with ER records and photos of bruises caused by his son	Judge grants TRO with stay-away, no-contact, and firearm surrender per Penal Code §29825
Robert requests move-out under Item 9 with deed proof	Court orders son to vacate within 24 hours
Robert lists his wife as additional protected person	Court extends order to wife under §15657.03(b)(4)(C)

Scenario 3 – Neglect and Isolation in a Family Home

Petitioner Action	Court Outcome
Eleanor Park, conservator for her 84-year-old mother, files EA-100 alleging the mother’s nephew locked her bedroom and withheld meals	Court grants TRO citing §15610.57 neglect
Eleanor attaches APS report from Los Angeles County	Court orders nephew to vacate and stay 200 yards away
Eleanor requests animal protection for her mother’s cat	Court awards exclusive care of the cat to the protected person

Companion Forms You Must File With EA-100

EA-100 rarely travels alone. The full packet is published on the Judicial Council elder abuse forms page.

• EA-109 Notice of Court Hearing tells the abuser when and where to appear; without it, service is incomplete and the case stalls.
• EA-110 Temporary Restraining Order is the order the judge signs; it must be served before it can be enforced.
• EA-115 Proof of Service proves the abuser received the papers.
• EA-120 Response is the form the abuser uses to answer.
• EA-130 Order After Hearing becomes the long-term order, lasting up to five years under §15657.03(i).
• CLETS-001 gives police identifying details for statewide enforcement.
• MC-025 attaches narrative or extra parties.
• EA-800 Proof of Firearms Turn-In confirms surrender of weapons.

Missing any required form is the single fastest way to lose protection. For example, Marcus Lee forgets EA-109, so the abuser is never properly noticed; the judge dissolves the TRO at the hearing. A common misconception is that the clerk will tell you which forms to add; clerks cannot give legal advice under California Rule of Court 10.741.

Mistakes to Avoid When Filing EA-100

These mistakes routinely sink petitions. Each one carries a real consequence.

• Listing only the most recent abusive act, which makes the pattern look thin and risks denial of permanent orders.
• Using a CH-100 civil harassment form instead of EA-100, which forfeits elder-specific remedies including fee-shifting under §15657.03(t).
• Skipping CLETS-001, which keeps police from entering the order in the statewide system and weakens enforcement.
• Failing to attach evidence of dependent-adult status when the protected person is under 65, leading to dismissal.
• Forgetting the firearms section, which leaves a known threat armed and violates federal 18 U.S.C. §922(g)(8) tracking requirements.
• Naming the wrong county, which causes transfer delays under Code of Civil Procedure §397.
• Missing the 21-25 day hearing window, which automatically dissolves the TRO.
• Filing without serving EA-109 and EA-110, leaving the order legally toothless.
• Using vague language like “he abuses me,” which fails the clear-and-convincing standard described in Gdowski v. Gdowski (2009) 175 Cal.App.4th 128.
• Ignoring the financial-abuse boxes when money is the real issue, which limits the court’s ability to freeze assets.
• Disclosing the elder’s confidential address instead of using the Safe at Home program, which exposes them to further harm.

Do’s and Don’ts for a Strong Petition

The following list is short, specific, and based on the Judicial Council EA-100-INFO instructions.

• Do file in the county where the elder lives or where the abuse occurred, because venue affects jurisdiction.
• Do attach photos, medical records, and bank statements, because evidence converts allegations into findings.
• Do check every applicable abuse box in Item 7, because unchecked behaviors are not restrained.
• Do request firearm surrender, because federal and state law require it once the order issues.
• Do request attorney’s fees in Item 5, because waiving them forfeits a major recovery tool.
• Don’t exaggerate or include false statements, because perjury under Penal Code §118 carries up to four years.
• Don’t share the elder’s address publicly, because abusers often retaliate.
• Don’t skip the hearing, because absence dissolves the TRO and may bar refiling.
• Don’t talk to the restrained person about the case, because contact can be twisted into harassment claims.
• Don’t ignore the renewal procedure before the order expires, because gaps invite new abuse.

Pros and Cons of Filing EA-100

EA-100 is powerful, but every legal tool has trade-offs.

• Pro: No filing fee under Government Code §6103, keeping access open to low-income elders.
• Pro: Fast TRO usually issued within one court day, providing immediate safety.
• Pro: Broad remedies including stay-away, move-out, firearms, financial freeze, and pet protection.
• Pro: Up to five-year duration with renewal under §15657.03(i), longer than most civil orders.
• Pro: Statewide enforcement through CLETS, so violations trigger arrest under Penal Code §273.6.
• Con: Public court file unless sealed, which can chill reluctant elders.
• Con: Requires the elder to testify if contested, which can be emotionally hard.
• Con: Can strain family relationships, particularly when the abuser is an adult child.
• Con: Civil order, not criminal, so the abuser is not jailed unless they violate it.
• Con: Limited reach if the abuser flees California, because enforcement depends on local agencies recognizing the order under the Full Faith and Credit Clause.

Hearing Day: What to Expect

The hearing happens 21-25 days after filing. The judge reads EA-100 and any response on EA-120, hears testimony, and decides whether to issue a permanent order on EA-130 lasting up to five years. Bring three copies of every exhibit.

If you do not show up, the TRO ends. For example, Patricia Wong, age 82, attends with her daughter, presents bank statements, and wins a five-year order. A common misconception is that the abuser must confess; the judge needs only clear and convincing evidence under §15657.03(o).

After the order issues, give a copy to local police, the elder’s bank, the doctor’s office, and the homeowner’s association if relevant. Keep a copy on hand at all times. The order is enforceable across the United States under the Violence Against Women Act, 18 U.S.C. §2265.

Key Court Rulings That Shape EA-100 Practice

Several appellate cases guide judges in EA-100 hearings.

Bookout v. Nielsen (2007) 155 Cal.App.4th 1131 confirms that one act of abuse can support an order if future abuse is likely. The case rejects the notion that elders must endure a pattern before relief.

Gdowski v. Gdowski (2009) 175 Cal.App.4th 128 clarifies that mental suffering qualifies as abuse, even without physical contact, when it produces fear, agitation, or confusion.

Negrete v. Superior Court (1999) 70 Cal.App.4th 1320 underscores that the elder abuse statutes are remedial and must be liberally construed in favor of protection.

These rulings push courts to grant relief when abuse is documented. The consequence of ignoring this case law is missed arguments. For example, Daniel Reyes, a self-represented petitioner, cites Gdowski in Item 6 to support emotional abuse claims and prevails. A common misconception is that judges only follow statutes; appellate decisions bind trial courts under California Constitution Article VI.

Frequently Asked Questions

Is there a fee to file EA-100 in California?

No. Under Government Code §6103, elder or dependent adult abuse petitions are filed without a fee, and the sheriff serves papers free under §6103.2.

Can a 60-year-old file EA-100?

Yes, but only if they qualify as a dependent adult under Welfare & Institutions Code §15610.23. Otherwise, CH-100 civil harassment is the right form.

Can I file EA-100 for my parent without their consent?

Yes, if you are a conservator, attorney-in-fact, trustee, or otherwise legally authorized under §15657.03(b)(1), but a concerned relative without authority generally cannot.

Does EA-100 cover financial abuse only?

No. It covers physical abuse, neglect, abandonment, isolation, abduction, financial abuse, and mental suffering as defined in §15610.07.

Can the abuser keep their guns during the order?

No. Federal 18 U.S.C. §922(g)(8) and California Penal Code §29825 require surrender within 24 hours and proof on EA-800.

How long does an EA-100 order last?

Yes, it can last. Temporary orders last up to 25 days; permanent orders under §15657.03(i) last up to five years and may be renewed before they expire.

Do I need a lawyer to file EA-100?

No, the form is designed for self-represented filers, and free help is available at every Self-Help Center operated by the Judicial Council.

Can EA-100 protect family members too?

Yes. Item 3 lets you list household members and other at-risk people, and the court may extend protections under §15657.03(b)(4)(C).

Is EA-100 enforceable outside California?

Yes, every state must honor it under the Violence Against Women Act, 18 U.S.C. §2265, provided proper notice was given.

Can I keep my address private?

Yes. Use a confidential address through the Secretary of State’s Safe at Home program and ask the court to seal address details.

What if the abuser violates the order?

Yes, that is a crime. Violations are misdemeanors under Penal Code §273.6, with up to one year in jail, and felonies if injury results.

Can I dismiss the order later if things improve?

Yes, the protected person can request dismissal at any time using a written request, but the judge has discretion to keep the order if safety still requires it.