Form EA-130 "Elder or Dependent Adult Abuse Restraining Order After Hearing" - California

What Is Form EA-130?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2018;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form EA-130 by clicking the link below or browse more documents and templates provided by the California Superior Court.

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Download Form EA-130 "Elder or Dependent Adult Abuse Restraining Order After Hearing" - California

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Elder or Dependent Adult Abuse
Clerk stamps date here when form is filed.
EA-130
Restraining Order After Hearing
Person in
must complete items
,
, and
only.
1
1
2
3
Elder or Dependent Adult Seeking Protection
1
a.
Full Name:
Name of person asking for the protection, if different (This is the
person named in item
of the request (form EA-100).)
3
Full Name:
Lawyer for person named above (if any for this case):
Name:
State Bar No.:
Fill in court name and street address:
Firm Name:
Superior Court of California, County of
b.
Your Address (If you have a lawyer, give your lawyer’s information.
If you do not have a lawyer and want to keep your home address
private, you may give a different mailing address instead. You do not
have to give telephone, fax, or e-mail.)
Address:
Court fills in case number when form is filed.
City:
State:
Zip:
Case Number:
Telephone:
Fax:
E-Mail Address:
Restrained Person
2
Full Name:
Description
Sex:
M
F
Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
State:
Zip:
City:
Relationship to Protected Person:
Additional Protected Persons
3
In addition to the elder or dependent adult named in
1
, the following family or household members or
conservator of the elder or dependent adult named in
are protected by the orders indicated below:
1
Full Name
Sex
Age
Lives with you?
Relation to Protected Person
No
Yes
Yes
No
Check here if there are additional protected persons. List them on an attached sheet of paper and write
“Attachment 3—Additional Protected Persons” as a title. You may use form MC-025, Attachment.
Expiration Date
4
This Order, except for any award of lawyer’s fees, expires at
midnight on
Time:
(date):
a.m.
p.m.
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Welfare & Institutions Code, § 15657.03
Order After Hearing (CLETS-EAR or EAF)
Approved by DOJ
(Elder or Dependent Adult Abuse Prevention)
Elder or Dependent Adult Abuse
Clerk stamps date here when form is filed.
EA-130
Restraining Order After Hearing
Person in
must complete items
,
, and
only.
1
1
2
3
Elder or Dependent Adult Seeking Protection
1
a.
Full Name:
Name of person asking for the protection, if different (This is the
person named in item
of the request (form EA-100).)
3
Full Name:
Lawyer for person named above (if any for this case):
Name:
State Bar No.:
Fill in court name and street address:
Firm Name:
Superior Court of California, County of
b.
Your Address (If you have a lawyer, give your lawyer’s information.
If you do not have a lawyer and want to keep your home address
private, you may give a different mailing address instead. You do not
have to give telephone, fax, or e-mail.)
Address:
Court fills in case number when form is filed.
City:
State:
Zip:
Case Number:
Telephone:
Fax:
E-Mail Address:
Restrained Person
2
Full Name:
Description
Sex:
M
F
Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
State:
Zip:
City:
Relationship to Protected Person:
Additional Protected Persons
3
In addition to the elder or dependent adult named in
1
, the following family or household members or
conservator of the elder or dependent adult named in
are protected by the orders indicated below:
1
Full Name
Sex
Age
Lives with you?
Relation to Protected Person
No
Yes
Yes
No
Check here if there are additional protected persons. List them on an attached sheet of paper and write
“Attachment 3—Additional Protected Persons” as a title. You may use form MC-025, Attachment.
Expiration Date
4
This Order, except for any award of lawyer’s fees, expires at
midnight on
Time:
(date):
a.m.
p.m.
If no expiration date is written here, this Order expires three years from the date of issuance.
This is a Court Order.
Judicial Council of California, www.courts.ca.gov
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 1 of 6
Revised January 1, 2018, Mandatory Form
Welfare & Institutions Code, § 15657.03
Order After Hearing (CLETS-EAR or EAF)
Approved by DOJ
(Elder or Dependent Adult Abuse Prevention)
Case Number:
Hearing
5
a.
There was a hearing on
(date):
at (time):
in Dept.:
Room:
(Name of judicial officer):
made the orders at the hearing.
b.
These people were at the hearing:
(1)
The elder or dependent adult in need of protection
(2)
The lawyer for the elder or dependent adult (name):
(3)
The person in
asking for protection (if not the elder or dependent adult)
1
(4)
1
The lawyer for the person in
asking for protection
(name):
2
(5)
The person in
(6)
The lawyer for the person in
(name):
2
Additional persons present are listed at the end of this Order on Attachment 5.
c.
The hearing is continued. The parties must return to court on (date):
at (time):
.
To the Person in
:
2
The court has granted the orders checked below. If you do not obey these orders, you can be
arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up
to $1,000, or both.
Personal Conduct Orders
6
a.
You must not do the following things to the elder or dependent adult named in
1
and to the other protected persons listed in
3
:
(1)
Physically abuse, financially abuse, intimidate, molest, attack, strike, stalk, threaten, assault (sexually
or otherwise), hit, harass, destroy personal property of, or disturb the peace of the person.
(2)
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,
or by other electronic means.
(3)
Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has
found good cause not to make this order.
(4)
Other (specify):
Other personal conduct orders are attached at the end of this Order on Attachment 6a(4).
b. 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.
Stay-Away Orders
7
a. You must stay at least
yards away from (check all that apply):
The vehicle of the elder or dependent adult.
(1)
The elder or dependent adult in
.
(5)
1
(2)
Each person in
.
3
(6)
Other (specify):
(3)
The home of the elder or dependent
adult.
(4)
The job or workplace of the elder
or dependent adult.
This is a Court Order.
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 2 of 6
Revised January 1, 2018
Order After Hearing (CLETS-EAR or EAF)
(Elder or Dependent Adult Abuse Prevention)
Case Number:
b.
This stay-away order does not prevent you from going to or from your home or place of employment.
7
Move-Out Order
8
You must immediately move out from and not return to (address):
and must take only the personal clothing and belongings you need.
No Guns or Other Firearms and Ammunition
9
This Order must be granted unless the abuse is financial only.
a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns,
other firearms, or ammunition.
b.
If you have not already done so, you must:
Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms
in your immediate possession 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 that your guns or firearms
have been turned in, sold, or stored. (You may use form EA-800, Proof of Firearms Turned In, Sold, or Stored,
for the receipt.)
c.
The court has received information that you own or possess a firearm.
The court has made the necessary findings and applies the firearm relinquishment exemption under Code of
d.
Civil Procedure section 527.9(f). Under California law, the person in
is not required to relinquish this
2
firearm (specify make, model, and serial number of firearm):
The firearm must be in his or her physical possession only during scheduled work hours and during travel to
2
and from his or her place of employment. Even if exempt under California law, the person in
may be
subject to federal prosecution for possessing or controlling a firearm.
Financial Abuse
10
This case
involve solely financial abuse unaccompanied by force, threat, harassment,
does not
does
intimidation, or any other form of abuse.
Possession and Protection of Animals
11
a.
The person in
1
is given the sole possession, care, and control of the animals listed below, which are
owned, possessed, leased, kept, or held by him or her, or reside in his or her household.
(Identify animals by, e.g., type, breed, name, color, sex.)
b.
The person in
must stay at least
yards away from, and not take, sell, transfer, encumber, conceal,
2
molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above.
This is a Court Order.
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 3 of 6
Revised January 1, 2018
Order After Hearing (CLETS-EAR or EAF)
(Elder or Dependent Adult Abuse Prevention)
Case Number:
Lawyer's Fees and Costs
12
1
You must pay to the person in
the following amounts for
lawyer’s fees
costs:
Item
Amount
Item
Amount
$
$
$
$
Additional amounts are attached at the end of this Order on Attachment 12.
Other Orders
(specify):
13
Additional orders are attached at the end of this Order on Attachment 13.
To the Person in
:
1
Mandatory Entry of Order Into CARPOS Through CLETS
14
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
a.
The clerk will enter this Order and its proof-of-service form into CARPOS.
b.
The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered
into CARPOS.
c.
By the close of business on the date that this Order is made, you or your lawyer should deliver a copy of
the Order and its proof-of-service form to the law enforcement agency listed below to enter into
CARPOS:
Address (City, State, Zip)
Name of Law Enforcement Agency
Additional law enforcement agencies are listed at the end of this Order on Attachment 14.
This is a Court Order.
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 4 of 6
Revised January 1, 2018
Order After Hearing (CLETS-EAR or EAF)
(Elder or Dependent Adult Abuse Prevention)
Case Number:
Service of Order on Restrained Person
15
a.
The person in
personally attended the hearing. No other proof of service is needed.
2
b.
The person in
was at the hearing. The person in
was not.
1
2
(1)
Proof of service of form EA-110, Temporary Restraining Order, was presented to the court. The judge’s
orders in this form are the same as in form EA-110 except for the end date. The person in
must be
2
served with this Order. Service may be by mail.
(2)
Proof of service of form EA-110, Temporary Restraining Order, was presented to the court. The judge’s
orders in this form are different from the orders in form EA-110. Someone—but not anyone in
or
—must personally serve a copy of this Order on the person in
2
.
1
3
No Fee to Serve (Notify) Restrained Person
16
If the sheriff or marshal serves this Order, he or she will do so for free.
Number of pages attached to this Order, if any:
17
Date:
Judicial Officer
Warning and Notice to the Restrained Person in
:
2
You Cannot Have Guns or Firearms
If the court grants the orders in item
on page 3 (unless item 9d is checked), you cannot own, have, possess, buy or try
9
to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you
do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or turn in to a law
enforcement agency, any guns or other firearms that you have or control as stated in item
9
. The court will require you
to prove that you did so.
Instructions for Law Enforcement
Enforcing the Restraining Order
This order is enforceable 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 Restraining and Protective Orders System (CARPOS). If the law enforcement
agency has not received proof of service on the restrained person, the agency must advise the restrained person of the
terms of the order and then must enforce it. Violations of this order are subject to criminal penalties.
Start Date and End Date of Orders
This order starts on the date next to the judge’s signature on page 5. The order ends on the expiration date in item
4
on
page 1.
This is a Court Order.
Elder or Dependent Adult Abuse Restraining
EA-130,
Page 5 of 6
Revised January 1, 2018
Order After Hearing (CLETS-EAR or EAF)
(Elder or Dependent Adult Abuse Prevention)
Page of 6