California > Judicial Council > Elder Or Dependent Adult Abuse
Notice Of Court Hearing EA-109 - California
| Notice Of Court Hearing Form. This is a California form and can be used in Elder Or Dependent Adult Abuse Judicial Council . |
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EA-109 1 Notice of Court Hearing Clerk stamps date here when form is filed. Elder or Dependent Adult in Need of Protection a. Full Name: Person requesting protection for the elder or dependent adult, if different (person named in item 3 of Form EA-100): Full Name: Lawyer for person named above (if any for this case): Name: State Bar No.: b. Firm Name: Address for person named above (If you have a lawyer, give your lawyer's information. If you do not have a lawyer, give information for the person requesting the order. If you 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: City: Telephone: E-Mail Address: State: Fax: Zip: Court fills in case number when form is filed. Fill in court name and street address: Superior Court of California, County of Case Number: 2 Person You Want Protection From Full Name: The court will complete the rest of this form. 3 Notice of Hearing A court hearing is scheduled on the request for restraining orders against the person in 2 : Name and address of court if different from above: Hearing Date Date: Dept.: Time: Room: 4 Temporary Restraining Orders (Any orders granted are on Form EA-110, served with this notice.) a. Temporary Restraining Orders for personal conduct and stay-away orders as requested in Form EA-100, Request for Elder on Dependent Adult Abuse Restraining Orders are (check only one box below): All GRANTED until the court hearing. (1) (2) (3) All DENIED until the court hearing. (Specify reasons for denial in b, below.) Partly GRANTED and partly DENIED until the court hearing. (Specify reasons for denial in b, below.) Judicial Council of California, www.courts.ca.gov New January 1, 2012, Mandatory Form Welfare and Institutions Code, § 15657.03 Approved by DOJ Notice of Court Hearing (Elder or Dependent Adult Abuse Prevention) EA-109, Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: 4 Temporary Restraining Orders (Continued) b. Reasons for denial of some or all of those personal conduct and stay away orders as requested in Form EA-100, Request for Elder or Dependent Adult Abuse Restraining Orders, are: (1) (2) The facts as stated in Form EA-100 do not sufficiently show reasonable proof of a past act or acts of abuse of the elder or dependent adult by the person in 2 . Other (specify): As set forth on Attachment 4b. 5 Service of Documents by the Person in 1 At least five days before the hearing, someone age 18 or older--not you or anyone to be protected--must personally give (serve) a court file-stamped copy of this Form EA-109, Notice of Court Hearing, to the person in 2 along with a copy of all the forms indicated below: a. EA-100, Request for Elder or Dependent Adult Abuse Restraining Orders (file-stamped) EA-110, Temporary Restraining Order (file-stamped) IF GRANTED b. c. EA-120, Response to Request for Elder or Dependent Adult Abuse Restraining Orders (blank form) d. EA-250, Proof of Service of Response by Mail (blank form) e. EA-120-INFO, How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders? f. Date: Judicial Officer Other (specify): To the Person in 1 : · The court cannot make the restraining orders after the court hearing unless the person in 2 has been personally given (served) a copy of your request and any temporary orders. To show that the person in 2 has been served, the person who served the forms must fill out a proof of service form. Form EA-200, Proof of Personal Service, may be used. · For information about service, read Form EA-200-INFO, What Is "Proof of Personal Service"? · If you are unable to serve the person in 2 in time, you may ask for more time to serve the documents. Use Form EA-115, Request to Continue Court Hearing and to Reissue Temporary Restraining Order. New January 1, 2012 Notice of Court Hearing (Elder or Dependent Adult Abuse Prevention) EA-109, Page 2 of 3 Case Number: To the Person in 2 : · If you want to respond to the request for orders in writing, file Form EA-120, Response to Request for Elder or Dependent Adult Abuse Restraining Orders, and have someone age 18 or older--not you or anyone to be protected--mail it to the person in 1 . · The person who mailed the form must fill out a proof of service form. Form EA-250, Proof of Service of Response by Mail, may be used. File the completed form with the court before the hearing and bring a copy with you to the court hearing. · Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making an order. You may tell the judge why you agree or disagree with the orders requested. · You may bring witnesses and other evidence. · At the hearing, the judge may make restraining orders against you that could last up to five years and may order you to sell or turn in any firearms that you own or possess. Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk's office or go to www.courts.ca.gov/forms for Request for Accommodations by Persons with Disabilities and Response (Form MC-410). (Civ. Code, § 54.8.) (Clerk will fill out this part.) --Clerk's Certificate-- I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court. Clerk's Certificate [seal] Date: Clerk, by , Deputy New January 1, 2012 Notice of Court Hearing (Elder or Dependent Adult Abuse Prevention) EA-109, Page 3 of 3
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