EA-100-INFO Adult Abuse Help Me? Can a Restraining Order to Prevent Elder or Dependent These instructions cannot cover all of the questions that may arise in a particular case. If you do not know what to do to protect your rights, you should see a lawyer. What is a restraining order? It is a court order that helps protect people from being abused. How much does it cost? There is no fee for filing a request for a restraining order. You do not need to pay a fee for service of the order. A sheriff or marshal will serve the order for free. Or you may arrange for service by a registered process server or a private party and pay any fee that is charged. The court can make the person who loses the case pay all the court fees and the lawyer's fees for the other party. Can I get a restraining order? If you are a person 65 years or older or a dependent adult, you can ask for a restraining order if you have been or are being: · Physically abused · Financially abused · Mentally or emotionally abused · Neglected · Abandoned or abducted · Isolated, or · Deprived by a caregiver of goods or services you needed to avoid harm or suffering What forms do I need to get the order? You must fill out all of Form EA-100, Request for Elder or Dependent Adult Abuse Restraining Orders, and Form CLETS-001, Confidential CLETS Information. If you need attachments, you may use Form MC-025, Attachment. You must also fill out items 1 and 2 on Form EA-109, Notice of Court Hearing, and items 1, 2, and 3 on Form EA-110, Temporary Restraining Order. How will the order help me? The court can order a person to: · Not physically abuse, harass, hit, or threaten you · Not contact or go near you, and · Not have a gun You can also ask for protection for people who live with you and family members. Where can I get these forms? You can get the forms from legal publishers or on the Internet at www.courts.ca.gov. You also may be able to find them at your local courthouse or county law library. What do I need to do to get the order? You must go to the superior court in the county where the abuse took place or the person to be restrained lives. At the court, ask where you should file your request for a restraining order. (A self-help center or legal aid association may be able to assist you in filing your request.) At the court, give your forms to the clerk of the court. The clerk will give you a hearing date on the Notice of Court Hearing form, and if your request for immediate orders is granted, a copy of the Temporary Restraining Order signed by a judicial officer. Who can apply for an elder or dependent adult abuse restraining order? In addition to the elder or dependent adult, the following persons may apply for a restraining order on behalf of the elder or dependent adult: · A conservator or trustee of the elder or dependent adult · An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney · A person appointed as a guardian ad litem for the elder or dependent adult · Any other person legally authorized to seek such relief. How soon can I get the order? If you ask for a temporary restraining order, the court will decide within 24 hours whether or not to make the order. · Sometimes the court decides sooner. Ask whether you should wait or come back later to get the signed Notice of Court Hearing and Temporary Restraining Order. EA-100-INFO, Page 1 of 3 Judicial Council of California www.courts.ca.gov Revised January 1, 2012, Optional Form Welfare & Institutions Code, § 15657.03 Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (Elder or Dependent Adult Abuse Prevention) American LegalNet, Inc. www.FormsWorkFlow.com EA-100-INFO Adult Abuse Help Me? How long does the order last? If the court makes a temporary order, it will last until your hearing date. At that time, the court will decide to continue or cancel the order. The order could last for up to five years. Can a Restraining Order to Prevent Elder or Dependent Will I see the restrained person at the court hearing? If the person comes to the hearing, yes. But that person does not have the right to speak to you. If you are afraid, tell the court officer. How will the person to be restrained know about the order? Someone age 18 or older--not you or anyone else to be protected by the order--must "serve" (give) the person to be restrained a copy of the order. The server must then fill out Form EA-200, Proof of Personal Service, and give it to you to file with the court. For help with service, ask the court clerk for Form EA-200-INFO, What Is "Proof of Personal Service?". Can I bring someone with me to court? Yes. You can bring someone to sit with you during the hearing. But that person cannot speak for you in court. Only you or your lawyer (if you have one) can speak for you. What if I don't speak English? When you file your papers, ask the clerk if a court interpreter is available. You may have to pay a fee for the interpreter. If an interpreter is not available for your court date, you should ask someone who is not listed as a person to be protected on your Request and who is over age 18 to interpret for you. What if the restrained person does not obey the order? Call the police. The restrained person can be arrested and charged with a crime. Do I have to go to court? Yes. Go to court on the date the clerk gives you. Do I need to bring a witness to the court hearing? Witnesses are not required, but it helps to have more proof of the abuse than just your word. You can bring: · Witnesses · Written statements from witnesses made under oath · Photos · Medical or police reports · Damaged property · Threatening letters, e-mails, or telephone messages The court may or may not let witnesses speak at the hearing. So, if possible, you should bring their written statements under oath to the hearing. (You can use Form MC-030 for this.) Do I need a lawyer? Having a lawyer is always a good idea, but it is not required and you are not entitled to a free court-appointed attorney. Ask the court clerk about free and low-cost legal services and self-help centers in your county. Rev. January 1, 2012 Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (Elder or Dependent Adult Abuse Prevention) EA-100- INFO, Page 2 of 3 EA-100-INFO Adult Abuse Help Me? Can I agree with the restrained person to cancel the order? No. Once the order is issued, only the judge can change or cancel it. You or the restrai