EA-130 1 Clerk stamps date here when form is filed. Order After Hearing Restraining Elder or Dependent Adult Abuse Name of person asking for protection: Address (skip this if you have a lawyer): (If you want your address to be private, give a mailing address instead): City: State: Zip: Your telephone number (optional): (______) _________________________ Your lawyer (if you have one): (Name, address, telephone number, and State Bar number): 2 Name of person to be restrained: Fill in court name and street address: Superior Court of California, County of Fill in case number: Case Number: Description of that person: Sex: M F Height: Weight: Hair Color: Race: Eye Color: Age: Date of Birth: Home Address (if known): State: Zip: State: City: Zip: Work Address (if known): City: 3 Hearing There was a hearing: on (date): at (time): a.m. p.m. Dept.: made the orders at the hearing. Rm: (Name of judicial officer) These people were at the hearing: a. b. 4 The person in The person in 1 2 . . c. d. Lawyer of the person in Lawyer of the person in 1 2 (name): (name): Expiration Date of Order This Order, except for an award of lawyer’s fees, expires at: (time): a.m. midnight on (date): p.m. or If no expiration date is written here, this Order expires three years from the date of issuance. This renewal Order remains in effect permanently. This is a Court Order. Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2008, Mandatory Form Code of Civil Procedure, § 527.9 Welfare & Institutions Code, § 15657.03 Approved by DOJ Order After Hearing Restraining Elder or Dependent Adult Abuse (CLETS–EAR or EAF) EA-130, Page 1 of 3 (Elder or Dependent Adult Abuse Prevention) American LegalNet, Inc. www.FormsWorkflow.com Case Number: Your name: Orders Against the Restrained Person (Write the name of the person in 5 2 ): This Is a Court Order To the person in 2 : You must obey all the orders indicated below. If you do not obey these orders, you can be arrested and charged with a crime. You may have to go to jail, pay a fine of up to $1,000, or both. 6 Personal Conduct Orders You must not do the following things to the person listed in 1 : a. Physically abuse, financially abuse, intimidate, molest, attack, assault (sexually or otherwise), hit, follow, stalk, threaten, harass, destroy personal property, keep under surveillance, or block movements. b. Contact (directly or indirectly), telephone, send messages, mail, or e-mail. c. Take any action to obtain the address or location of the person in 1 or of that person’s family or caretakers. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. 7 Stay-Away Orders You must stay at least (specify): a. The person listed in 1 b. The home of the person in 1 Job or workplace of the person c. in 1 8 yards away from: d. e. Vehicle of person in Other (specify): 1 Move-Out Order You must move out immediately from and not return to (address): 9 No Guns or Other Firearms You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get a gun or firearm. 10 Turn In or Sell Guns or Firearms You must: • Sell to a licensed gun dealer or turn in to police any guns or firearms that you possess or control. This must be done within 24 hours of being served with this order. • File a receipt with the court within 48 hours of receiving this order that proves guns have been turned in or sold. (You may use Form EA-145 for this.) 11 Financial Abuse This case does not does involve solely financial abuse unaccompanied by force, threat, harassment, intimidation or any other form of abuse. 12 Other Orders (specify): Additional orders are attached at the end of this Order. This is a Court Order. Revised July 1, 2008 Order After Hearing Restraining Elder or Dependent Adult Abuse (CLETS–EAR or EAF) (Elder or Dependent Adult Abuse Prevention) EA-130, Page 2 of 3 Case Number: Your name: Instructions for the Protected Person To the person in 13 1 (Write the name of the person in 1 ): Delivery to Law Enforcement Agency If the court issues restraining orders, by the close of business on the date this Order is made, you or your attorney must deliver a copy of this Order and any proof of service forms to each law enforcement agency listed below: Address (City, State, Zip) Name of Law Enforcement Agency 14 No Fee to Notify (Serve) Restrained Person If the sheriff or marshal serves this Order, he or she will do so for free. Date: Judicial Officer Warnings and Notices to the Restrained Person in 2 You Cannot Have Guns or Firearms If the court orders, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get a gun while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to a licensed gun dealer or turn in to police any guns or firearms that you have or control in accordance with 10 above. The court will require proof that you did so. If you do not obey this Order, you can be charged with a crime. Instructions for Law Enforcement Agencies This Order is effective when made. It is enforceable anywhere in all 50 states, the District of Columbia, all tribal lands, and all U.S. territories and shall be enforced as if it were an Order of that jurisdiction by any law enforcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Law Enforcement Telecommunications System (CLETS). If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing, the agency shall advise the restrained person of the terms of the Order and then shall enforce it. Violations of this restraining order are subject to criminal penalties. (Clerk will fill out this part.) Clerk's Certificate Clerk’s Certificate [seal] I certify that this Order After Hearing Restraining Elder or Dependent Adult Abuse is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. Revised July 1, 2008 Order After Hearing Restraining Elder or Dependent Adult Abuse (CLETS–EAR or EAF) (Elder or Dependent Adult Abuse Prevention) EA-130, Page 3 of 3