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Elder Or Dependent Adult Abuse Restraining Order After Hearing (CLETS-EAR or EAF) EA-130 - California
| Elder Or Dependent Adult Abuse Restraining Order After Hearing (CLETS-EAR or EAF) Form. This is a California form and can be used in Elder Or Dependent Adult Abuse Judicial Council . |
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EA-130 Elder or Dependent Adult Abuse Restraining Order After Hearing Clerk stamps date here when form is filed. Person in 1 must complete items 1 , 2 and 3 only. 1 Protected Elder or Dependent Adult 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: Firm Name: State Bar No.: Fill in court name and street address: 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: City: Telephone: E-Mail Address: 2 Restrained Person Full Name: Description: Sex: M Hair Color: F Height: Eye Color: Weight: Age: Date of Birth: Race: State: Zip: State: Fax: Zip: Fill in case number: Case Number: Home Address (if known): City: Relationship to Protected Person: 3 Additional Protected Persons 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 1 are protected by the orders indicated below. Sex Age Household Member? Relation to Protected Person Full Name Yes No 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. 4 Expiration Date This Order, except for any award of lawyer's fees, expires at: Time: a.m. p.m. or midnight on (date): 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 Revised March 1, 2012, Mandatory Form Code of Civil Procedure, § 527.9 Welfare & Institutions Code, § 15657.03 Approved by DOJ Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETS-EAR or EAF) (Elder or Dependent Adult Abuse Prevention) EA-130, Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: 5 Hearing a. There was a hearing on (date): (Name of judicial officer): at (time): in Dept.: Room: made the orders at the hearing. b. These people were at the hearing: The elder or dependent adult in need of protection (1) The lawyer for the elder or dependent adult (name): (2) (3) (4) (5) (6) c. The person in 1 asking for protection (if not the elder or dependent adult) The lawyer for the person in 1 asking for protection (name): The person in 2 The lawyer for the person in 2 (name): Additional persons present are listed at the end of this Order on Attachment 5. 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. 6 Personal Conduct Orders 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 the 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. Take any action to obtain the person's address or location. If this item is not checked, the court has (3) 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. 7 Stay-Away Orders a. You must stay at least (1) (2) (3) (4) yards away from (check all that apply): (5) (6) The vehicle of the elder or dependent adult Other (specify): The elder or dependent adult in 1 Each person in 3 The home of the elder or dependent adult The job or workplace of the elder or dependent adult This is a Court Order. Revised March 1, 2012 Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETSEAR or EAF) (Elder or Dependent Adult Abuse Prevention) EA-130, Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: b. This stay-away order does not prevent you from going to or from your home or place of employment. 8 Move-Out Order You must immediately move out from and not return to (address): and must take only the personal clothing and belongings you need. 9 No Guns or Other Firearms and Ammunition 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 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 or sold. (You may use Form EA-800, Proof of Firearms Turned In or Sold, for the receipt.) c. The court has received information that you own or possess a firearm. 10 Financial Abuse This case does not does involve solely financial abuse unaccompanied by force, threat, harassment, intimidation, or any other form of abuse. 11 Lawyer's Fees and Costs You must pay to the person in 1 the following amounts for: a. Item $ $ Additional amounts are attached at the end of this Order on Attachment 11. Amount Lawyer's fees b. Item $ $ Court costs Amount 12 Other Orders (specify): Additional orders are attached at the end of this Order on Attachment 12. This is a Court Order. Revised March 1, 2012 Elder or Dependent Adult Abuse Restraining Order After Hearing (CLETSEAR or EAF) (Elder or Dependent Adult Abuse Prevention) EA-130, Page 3 of 5 American LegalNet, Inc. www.FormsWorkFlow.com Case Number: To the Person in 1 : 13 Mandatory Entry of Or
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