The following documents are needed to request an Elder Abuse Restraining Order:
An elder abuse restraining order can be issued on behalf of any person who is at least 65 years old or on behalf of any adult with certain mental or physical disabilities. The physical or mental disabilities must be the kind that would allow an elder abuse restraining order to be filed on his or her behalf must be the kind that keep the person in question from being able to engage in certain activities or being able to protect himself or herself.
Further, elder abuse restraining orders are only available to petitioners who are the victims of physical abuse, neglect, abandonment, mental abuse, financial abuse, “deprivation by a caregiver of basic things and / or services so that he or she will not suffer mentally, emotionally, or physically.
Elder abuse restraining orders, along with workplace violence restraining orders, are filed less commonly in California than civil harassment restraining orders and domestic violence restraining orders. Despite their less frequent use, elder abuse restraining orders are regularly filed and are the only type of restraining order that can be filed where the petitioner can be a person other than the victim of the abuse (as opposed to other types of orders where “additional protected persons” can receive protection or where a corporation or entity is acting as the petitioner [workplace violence requests]).
Various documents are required to be filed in order to request an elder abuse restraining order:
EA-100: this form gives the court the specific circumstances of the request and contains provisions for requesting specific orders (such as stay away, no contact, no negative contact, etc.).
EA-110: this is the form that requests the temporary restraining order that would be issued pending the hearing on the permanent restraining order. Regardless of whether the temporary order is issued, a hearing on the permanent order will be scheduled. Petitioners (the individual requesting protection) are permitted, along with a formal allegation that alerting the respondent to the request could lead to additional violence, harassment, neglect, or another type of prohibited behavior, to file this motion ex parte without providing notice of the request to the respondent;
EA-109: this form, served upon the respondent (the individual against whom protection is sought) after the request for a temporary restraining order is either granted or denied, gives the respondent the necessary information (when and where) he or she is entitled to regarding the hearing on the permanent restraining order. That hearing, scheduled between 21 and 25 days after the request for the temporary restraining order, will determine whether a permanent order will be issued. Respondents are entitled to one continuance of 21 to 25 days beyond the original hearing date and that continuance must be issued, regardless of whether the respondent has good cause or not to request it;
CLETS-001: this form gives law enforcement information about the respondent and how he or she is ordered to be restrained.
After all forms are filed, and again, regardless of whether the temporary restraining order was issued, the respondent must be personally served with the forms listed above. Further, the respondent is entitled to be served with Form EA-120 (a blank form that allows the respondent to provide the court with defenses and facts supporting his or her defenses), EA-120-INFO (providing the respondent with information about elder abuse restraining orders in California and information about his or her defense), Form EA-800 (a blank form the respondent must submit if he or she has firearms, providing proof that the firearms were sold or properly stored outside the possession or control of the respondent).