Prevent Reverse Isolation Abuse with an Anti-Isolation Restraining Order

When it comes to most restraining orders, laws vary in the way individuals are protected from harassment, stalking, sexual abuse, and other intimidating behaviors. However, there is one threat of potential harm that most states have overlooked—isolation.

Reverse Isolation Leads to Abuse

Affecting mostly elderly and dependent adults, isolation became prevalent in response to the COVID pandemic. To keep vulnerable individuals protected from acquiring a deadly infection, family members were denied access to their loved ones.

The phenomenon of isolating healthy individuals from the public, also known as reverse isolation, or reverse RO, allowed caretakers to abuse their positions and keep elderly and dependent adults isolated based on a perceived threat, regardless of whether isolation was necessary. Those in a position of power could now control, exploit, or take advantage of these vulnerable adults and family members had no recourse against it.

California Assembly Bill 1243 Is Signed into Law

Because of the unique physical, mental, and emotional harm isolation may have on vulnerable adults, California Governor Gavin Newsome signed Assembly Bill 1243 into law.

Taking effect on January 1, 2023, AB 1243 is an extension to the Elder Abuse and Dependent Adult Civil Protection Act. It grants someone with a personal relationship with an elderly or dependent adult the right to seek an anti-isolation restraining order to regain their ability to communicate with their loved ones.

Why Is an Anti-Isolation Restraining Order important?

The only individuals allowed to seek protective orders before the passage of AB 1243 were the elder or dependent adult or their conservator, trustee, or attorney-in-fact. Allowing for anyone to petition for an anti-isolation restraining order allows these vulnerable adults to maintain important and desirable familial connections and protects them from being abused or neglected.

How to acquire an Anti-Isolation Restraining Order

According to AB 1243, any interested party—defined as any person with a “personal, preexisting relationship with the elder”—may petition the court for an anti-isolation restraining order.

Interested parties must provide evidence that:

• They have had significant contact (i.e time spent together and proof of a meaningful connection) with the elder prior to isolation;
• they have repeatedly been denied contact;
• the elder or dependent desires contact with them; and
• isolation has nothing to do with the elder’s desire to distance themselves from them.

To begin the process, file the California Judicial Council Form EA-100 and/or the Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) with the court. A court date will be assigned within 25 days of the filing.

If granted, the anti-isolation restraining order may last for up to five years and can be renewed if necessary.

Anti-Isolation Restraining Order Exceptions

Unfortunately, no one may seek an anti-isolation restraining order if the elder or dependent adult is currently in a residential or long-term care facility.

Please speak with a qualified family law attorney at King Law Firm Attorneys at Law, Inc. if you feel your loved one is being isolated or abused.

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Tags: anti-isolation restraining order, assembly bill 1243, dependent adults, elder abuse, restraining order, reverse isolation, seniors
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