Proving elder abuse in California civil courts requires demonstrating three elements: The abuse occurred. The victim was over 65 or legally dependent. The abuser knew or should have known that their actions harmed the victim. Civil courts use the standard of a preponderance of the evidence in deciding cases, a bar substantially lower than reasonable doubt. A preponderance of the evidence means it is more likely than not. As such, if you prove it is more likely than not that the abuse occurred and the abuser knew or should have known they caused harm, you are likely to win an elder abuse case in California courts. Some elder abuse is criminal. For instance, beating an older person is assault and draining their bank accounts is fraud. To determine if a criminal case exists, you need to speak to the local police or the district attorney’s office. However, a criminal conviction is not necessary to win an elder abuse claim in civil court.