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Request For Orders To Stop Elder Or Dependent Adult Abuse Form. This is a California form and can be use in Elder Or Dependent Adult Abuse Judicial Council.
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Tags: Request For Orders To Stop Elder Or Dependent Adult Abuse, EA-100, California Judicial Council, Elder Or Dependent Adult Abuse
EA-100
1
Request for Orders to Stop
Elder or Dependent Adult Abuse
Clerk stamps date here when form is filed.
Name of the person asking for protection:
Address of the person (skip this if you have a lawyer): (If you want
your address to be private, give a mailing address instead):
City:
State:
Zip:
Person’s telephone number (optional): ( _____ ) _______________________
Person’s lawyer (if you have one): (Name, address, telephone
number, and State Bar number):
Fill in court name and street address:
Superior Court of California, County of
2
Name of the person you want protection from:
Describe the person: Sex:
Height:
Eye color:
M
F Weight:
Court fills in case number when form is filed.
Case Number:
Hair color:
Date of birth:
Race:
Age:
Home address (if you know):
State:
3
Zip:
State:
City:
Work address (if you know):
City:
Zip:
Who is asking the court for protection?
You, to protect yourself.
A person acting on your behalf:
Another person with legal authority to represent you.
A conservator
If you are requesting protection for yourself, indicate that and go on to 4 . If someone else is making this
request, that person must attach a statement of who he or she is, his or her legal authority to make this request,
and information about this representation, including any court appointments, the case numbers, and other
relevant matters. Attach a sheet of paper and write “EA-100, item 3—Information About Person Requesting
Orders.”
4
Describe the person asking for protection:
a. Age:
b. If you are under age 65, do you have any physical or mental limitations that prevent you from carrying out
normal activities or protecting your rights?
Yes
No (If yes, describe):
Check here if you need more space. Attach a sheet of paper and write “EA-100, item 4—Describe
Protected Person” at the top of the page.
This is not a Court Order.
Judicial Council of California, www.courtinfo.ca.gov
Revised July 1, 2008, Mandatory Form
Welfare & Institutions Code, § 15657.03
Request for Orders to Stop Elder
or Dependent Adult Abuse
EA-100, Page 1 of 6
(Elder or Dependent Adult Abuse Prevention)
American LegalNet, Inc.
www.FormsWorkflow.com
Case Number:
Your name:
5
How do you know the person in
6
Why are you filing in this court? (Check all that apply):
I was abused physically or emotionally in this county by the person in
The person in 2 lives in this county.
Other (explain):
7
a. Have you and the person in
2
2
? (Describe):
2
been involved in another court case?
If yes, where? County:
What is the case number? (If you know):
What kind of case? (Check all that apply):
Dependent adult abuse
Elder abuse
Domestic violence
Criminal
Other (specify):
.
Yes
No
State:
Civil harassment
b. Are there now any protective or restraining orders relating to you and the person in 2 ?
If yes, attach a copy if you have one.
No
Yes
Check here if you need more space. Attach a sheet of paper and write “EA-100, item 7—Describe Other
Cases” at the top of the page.
8
No
Yes
Is this your first request for a protective order against the person in 2 ?
No
Yes
If no, are you asking for the renewal of an earlier protective order?
If you are asking for the renewal of an earlier order, provide the following information:
a. What was the case number of the earlier order?
permanently
_______ years
b. How long do you want the renewed order to last?
9
Describe in a. through i. how the person in
2
has abused you.
a. When was the most recent abuse (provide date or estimated date):
b. Who was there?
This is not a Court Order.
Revised July 1, 2008
Request for Orders to Stop Elder
or Dependent Adult Abuse
(Elder or Dependent Adult Abuse Prevention)
EA-100, Page 2 of 6
Case Number:
Your name:
c. In the most recent abuse, did the person in 2 do any of the following to you: physically abuse, financially
abuse, intimidate, molest, attack, assault (sexually or otherwise), hit, follow, stalk, threaten, harass, destroy
personal property, keep under surveillance, block movements, or contact you (directly or indirectly) by
telephone, mail, e-mail, messenger, or by any other means?
Yes
No
If yes, describe:
d. Has the person in
If yes, describe:
2
previously abused you?
Yes
No
e. Describe any use or threatened use of guns or other weapons:
f. Did the police come?
No
Yes
If yes, did they give you an Emergency Protective Order?
Attach a copy, if you have one.
Yes
No
I don’t know
g. Is the person in 2 a caregiver who didn’t allow you to have goods or services you needed to avoid physical
harm or mental suffering?
Yes
No
If yes, describe how that affected you:
This is not a Court Order.
Revised July 1, 2008
Request for Orders to Stop Elder
or Dependent Adult Abuse
(Elder or Dependent Adult Abuse Prevention)
EA-100, Page 3 of 6
Case Number:
Your name:
h. Did the case involve solely financial abuse unaccompanied by force, threat, harassment, intimidation, or any
other form of abuse?
Yes, only financial abuse.
No, included other abuse described above.
i. Describe any injuries or harm you suffered as a result of the actions or deprivation described above:
Check here if you need more space to explain any of the subparts in item 9. Attach a sheet of paper and
write “EA-100, item 9, subpart ___—Describe Abuse” at the top of the page.
Check the orders you want
10
Personal Conduct Orders
I ask the court to order the person in 2 to not do the following things to me:
a.
Physically abuse, financially abuse, intimidate, molest, attack, assault (sexually or otherwise), hit,
follow, stalk, threaten, harass, destroy my personal property, keep me under surveillance, or block
my movements.
Contact (either directly or indirectly), or telephone, or send messages or mail or e-mail.
b.
The person in 2 will be ordered not to take any action to get the addresses or locations of any protected person, or
of that person’s family members or caretakers, unless the court finds good cause not to make the order.
11
Stay-Away Orders
I ask the court to order the person in 2 to stay at least (specify):
and the places listed below (Check all that apply):
My home
a.
My job or workplace
b.
c.
My vehicle
d.
Other (specify):
If the court orders the person in
to get to his or her home or job?
If no, explain:
12
2
yards away from me
to stay away from all the places checked above, will that person be able
Yes
No
Move-Out Order
I ask the court to order the person in
2
to move out from and not return to my residence at (address):
I will suffer physical or emotional harm if the person in
2
does not leave the residence.
The title or lease to the residence is not in the sole name of the person in
2 and another person.
2
or the name of the person in
This is not a Court Order.
Revised July 1, 2008
Request for Orders to Stop Elder
or Dependent Adult Abuse
(Elder or Dependent Adult Abuse Prevention)
EA-100, Page 4 of 6
Case Number:
Your name:
Check the orders you want
(continued)
I ask for this move-out order right away to last until the hearing, because:
a. I have the right to live at the above residence (explain):
b. The person in
13
2
assaulted or threatened me.
Order About Guns or Other Firearms
I ask the court to order the person in 2 to be prohibited from owning, possessing, purchasing, or receiving, or
attempting to purchase or receive, firearms and to sell or turn in any guns or firearms that he or she controls.
The abuse in this case is not solely financial abuse unaccompanied by force, threat, harassment, intimidation,
or any other form of abuse.
14
15
Other Orders
What other orders are you asking for? (Describe):
Check here if you need more space. Attach a sheet of paper and write “EA-100, item 14—Other Orders”
at the top of the page.
Temporary Orders
Do you want the court to make orders right now on matters listed in 10 through
14
?
Yes
No
If yes, explain why:
16
Check here if you need more space. Attach a sheet of paper and write “EA-100, item 15
Orders” at the top of the page.
Delivery of Orders to Law Enforcement Agencies
I request that copies of the court’s orders be given by (check one):
The court clerk
Myself
Temporary
My lawyer
to the following law enforcement agencies:
a. Name of Agency:
Address:
City:
State:
Zip:
State:
Zip:
b. Name of Agency:
Address:
City:
This is not a Court Order.
Revised July 1, 2008
Request for Orders to Stop Elder
or Dependent Adult Abuse
(Elder or Dependent Adult Abuse Prevention)
EA-100, Page 5 of 6
Case Number:
Your name:
17
18
19
Request to Shorten Time for Service
You must have your papers personally served on the person in 2 at least 5 days before the hearing, unless the
court orders a different time for service. (Form EA-142-INFO, “What is Proof of Service?,” explains how to
serve (notify) the person in 2 . Form EA-140 may be used to show the court that the papers have been served.)
If your papers cannot be served at least 5 days before the hearing and you need more time, explain why:
No Fee to Serve Orders
If you want the sheriff or marshal to serve (notify) the person in
clerk what you need to do.
Lawyer's Fees and Costs
I ask the court to order payment of my:
Lawyer’s fees
a.
Court costs
b.
The amounts requested are:
Item
Amount
$
$
2
about the orders for free, ask the court
Amount
Item
$
$
$
$
Check here if you need more space. Attach a sheet of paper and write “EA-100, item 19
Costs” at the top of the page.
20
21
Lawyer’s Fees and
Additional Relief
I ask the court for additional relief as may be proper.
Number of pages attached to this form, if any:
This Request for Orders to Stop Abuse must be personally served on the person in
orders may not serve these papers.
2
. The person requesting the
Date:
Lawyer’s name
Lawyer’s signature
I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.
Date:
Name of person filing this request
Signature of person filing this request
This is not a Court Order.
Revised July 1, 2008
Request for Orders to Stop Elder
or Dependent Adult Abuse
(Elder or Dependent Adult Abuse Prevention)
EA-100, Page 6 of 6