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Elder Abuse Law in California: A Comprehensive Guide for 2025
“When I confront elder abuse cases, my foremost duty is to restore dignity and security to seniors who have been wronged.” — James L. Arrasmith
1. The Statutory Backbone Protecting Older Californians
1.1 Elder Abuse and Dependent Adult Civil Protection Act (EADACPA)
The California Legislature enacted the Elder Abuse and Dependent Adult Civil Protection Act, codified at Welfare & Institutions Code § 15600 et seq., to protect elders (65+) and dependent adults (18-64 with disabilities).
1.2 Heightened Civil Remedies — § 15657
If a plaintiff proves recklessness, oppression, fraud, or malice, the court may award attorney’s fees, costs, and punitive damages under § 15657.
1.3 Criminal Liability — Penal Code § 368
Separate criminal penalties under Penal Code § 368 include misdemeanors or felonies punishable by up to four years in state prison for willful infliction of unjustifiable pain or financial loss upon an elder.
1.4 New Legislative Developments (2025)
Assembly Bill 251 (2025) proposes expanding fee-shifting provisions, underscoring Sacramento’s commitment to deterrence.
2. Recognizing Abuse and the Duty to Report
2.1 Prevalence and Impact
Global studies indicate that roughly one in six adults aged 60 and older experiences some form of abuse each year.
2.2 Mandated Reporting Obligations
Health-care providers, bank employees, and long-term-care staff who suspect abuse must telephone a report to Adult Protective Services (APS) or law enforcement immediately and follow with a written report within two days; failure to report is a misdemeanor.
2.3 Community Resources
The Long-Term Care Ombudsman Program operates a 24-hour CRISISline at 1-800-231-4024 for facility-based complaints statewide.
3. Litigation Strategies and Remedies
3.1 Restraining Orders and Immediate Protection
Victims may file Judicial Council Form EA-100 to obtain an Elder or Dependent Adult Abuse Restraining Order that removes an abuser from the residence and can freeze assets. For practical steps, see our Complete Guide to California Restraining Order Forms.
3.2 Civil Actions for Damages
The Court of Appeal’s decision in Newman v. Casey (2024) confirms that asset-freeze injunctions and punitive damages are available where financial exploitation is proven.
3.3 Statutes of Limitations
Most elder-abuse civil claims must be filed within two years of discovery, while financial-abuse claims enjoy a four-year period under § 15657.7.
4. Proactive Prevention: Safety Planning and Monitoring
“Our firm integrates civil litigation with protective-order practice to seal every avenue of abuse,” explains Mr. Arrasmith. He recommends reviewing transactional records, securing powers of attorney, and engaging geriatric-care managers to reduce isolation.
For broader context on protective orders, read our Comprehensive Guide to Protective Orders in California.
5. Why Retaining Experienced Counsel Matters
Legal outcomes hinge on meticulous investigation, expert medical testimony, and strategic discovery. That’s why it’s essential to hire a qualified attorney: Schedule an initial attorney appointment today.
“Elder-abuse litigation is not merely about recovering money; it is about vindicating the dignity of those who built our communities,” Mr. Arrasmith concludes.
To learn how our team champions vulnerable seniors, visit our main practice-area portal or explore recent client successes on our reviews page.
6. Conclusion
California’s statutory tools are powerful, but justice demands experienced advocacy. When abuse surfaces, act swiftly, document thoroughly, and engage counsel who understands both the letter and spirit of EADACPA. Our office stands ready to protect your loved ones with the full force of the law.
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