EA-300-INFO - Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me?

Summary

Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me?

Text

Form ID: EA-300-INFO
Title: Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me?
Effective Date: 2023-01-01
Mandatory Form: no
Languages: 汉语, 한국어, español, Tiếng Việt
Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-300-INFO
Primary Download URL: https://www.courts.ca.gov/documents/ea300info.pdf
Alternate Download URLs: https://www.courts.ca.gov/documents/ea300infoc.pdf, https://www.courts.ca.gov/documents/ea300infok.pdf, https://www.courts.ca.gov/documents/ea300infos.pdf, https://www.courts.ca.gov/documents/ea300infov.pdf
Form Detail Page:
Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me?
(EA-300-INFO)
Explains what this type restraining order is and how you can be eligible.
Get form EA-300-INFO
汉语
Get form EA-300-INFO in Chinese Simplified
(Chinese Simplified)
한국어
Get form EA-300-INFO in Korean
(Korean)
español
Get form EA-300-INFO in Spanish
(Spanish)
Tiếng Việt
Get form EA-300-INFO in Vietnamese
(Vietnamese)
Effective: January 1, 2023
Go to
How-to instructions for Elder Abuse
Go to
Elder Abuse Form Packets
PDF Text:
Judicial Council of California, 
New January 1, 2023, Optional Form 
Welfare and Institutions Code, § 15657.03
Can an Elder or Dependent Adult 
Restraining Order Allowing Contact 
Help Me?
EA-300-INFO, Page 1 of 2
EA-300-INFO Can an Elder or Dependent Adult Restraining Order  
Allowing Contact Help Me?
These instructions cannot cover all of the questions that may arise in a particular case. If 
you do not know what to do to protect your rights, you should see a lawyer.
What is a restraining order allowing contact?
If a person repeatedly prevents contact between a person 
65 years or older (an elder) or a dependent adult and 
someone the elder or dependent adult wishes to have to 
contact with, the court may issue an order allowing contact. 
An elder or dependent adult has a preexisting 
relationship and wants to have contact with a specific 
person;
l
Someone is repeatedly preventing the elder or 
dependent adult from having contact with that specific 
person; and
l
The person preventing contact is not doing so in 
response to actual or threatened abuse by the person the 
elder or dependent adult wishes to have contact with.
l
When will the court grant a restraining order 
allowing contact?
The court will grant a restraining order allowing  
contact if: 
If you want a restraining order for other abuse, such as 
physical or financial abuse, read form EA-100-INFO, Can 
a Restraining Order to Prevent Elder or Dependent Adult 
Abuse Help Me?.
How will the order help me?
The court can order the person preventing contact to stop 
preventing the contact.
Who can apply for an elder or dependent 
adult restraining order allowing contact?
In addition to the elder or dependent adult, the following 
persons may apply for a restraining order allowing contact 
on behalf of the elder or dependent adult:
l A conservator or trustee of the elder or dependent adult;
An attorney-in-fact of an elder or dependent adult who 
acts within the authority of the power of attorney;
l
A person appointed as a guardian ad litem for the elder 
or dependent adult;
l
An individual with a preexisting relationship who the 
elder or dependent adult wishes to have contact with, 
but is being prevented from doing so; and
l
Any other person legally authorized to seek such relief.l
How much does it cost?
There is no fee for filing a request for a restraining order. 
You do not need to pay a fee for service of the order. A 
sheriff or marshal will serve the order for free. Or you may 
arrange for service by a registered process server or a 
private party and pay any fee that is charged. The court can 
make the person who loses the case pay all the court fees 
and the lawyer’s fee for the other party.
What forms do I need to get the order?
You must fill out all of form EA-300, Request for Elder or 
Dependent Adult Restraining Order Allowing Contact. If 
you need attachments, you may use form MC-025, 
Attachment. You must also fill out items 1 and 2 on form 
EA-309, Notice of Court Hearing to Allow Contact.
Where can I get these forms?
You can get the forms from legal publishers or on the 
internet at www.courts.ca.gov/forms. You also may be able 
to find them at your local courthouse or county law library.
What do I need to do to get the order?
You must go to the superior court in the county where the 
prevention of contact took place or where the person 
preventing contact lives. At the court, ask where you 
should file your request for a restraining order. (A self-help 
center or legal aid association may be able to assist you in 
filing your request.) At the court, give your forms to the 
clerk of the court. The clerk will give you a hearing date on 
the Notice of Court Hearing form.

New January 1, 2023 Can an Elder or Dependent Adult Restraining 
Order Allowing Contact Help Me?
EA-300-INFO, Page 2 of 2
EA-300-INFO Can an Elder or Dependent Adult Restraining Order  
Allowing Contact Help Me?
How soon can I get the order?
Orders to stop preventing a person from seeing an elder or 
dependent adult can only be issued after a hearing. 
Accordingly, the date of the hearing is the earliest the order 
can be granted.
How long does the order last?
The length of the order is determined by the court and 
could last for up to five years.
How will the person preventing contact know 
about my request for an order?
Someone age 18 or older—not you or anybody else 
involved in the case—must “serve” (give) the person to be 
restrained a copy of the notice of hearing and other forms 
listed on that notice. The server must then fill out form 
EA-200, Proof of Personal Service, and give it to you to 
file with the court. For help with service, ask the court 
clerk for form EA-200-INFO, What Is “Proof of Personal 
Service”?.
Do I have to go to court?
Yes. Go to court on the date the clerk gives you, which is 
found on form EA-309, Notice of Court Hearing to Allow 
Contact.
The court may or may not let witnesses speak at the 
hearing. So, if possible, you should bring their written 
statements under oath to the hearing. (You can use form 
MC-030, Declaration, for this.)
Do I need to bring a witness to the court  
hearing?
Witnesses are not required, but it helps to have more proof 
of the isolation than just your word. You can bring:
l Witnesses
l Written statements from witnesses made under oath
l Letters, emails
Do I need a lawyer?
Having a lawyer is always a good idea, but it is not 
required and you are not entitled to a free, court-appointed 
attorney. Ask the court clerk about free and low-cost legal 
services and self-help centers in your county.
Can I bring someone with me to court?
Yes. You can bring someone to sit with you during the 
hearing. But that person cannot speak for you in court. 
Only you or your lawyer (if you have one) can speak for 
you.
Can the elder or dependent adult and the 
person preventing contact agree to cancel the 
order?
No. Once the order is issued, only the judge can change or 
cancel it. The person who requested the order or the person 
preventing contact would have to file a request with the 
court to cancel the order.
What if I don't speak English?
When you file your papers, ask the clerk if a court 
interpreter is available. You can also use form INT-300, 
Request for Interpreter (Civil), or a local court form or 
website to request an interpreter. For more information 
about court interpreters, go to https://selfhelp.courts.ca.
gov/request-interpreter. 
What if I have a disability?
If you have a disability and need an accommodation while 
you are at court, you can use form MC-410, Disability 
Accommodation Request, to make your request. You can 
also ask the ADA Coordinator in your court for help. For 
more information, see form MC-410-INFO, How to 
Request a Disability Accommodation for Court.
For help in your area, contact:
[Local information may be inserted.]

Retrieval chunks

• #1

  Form ID: EA-300-INFO Title: Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me? Effective Date: 2023-01-01 Mandatory Form: no Languages: 汉语, 한국어, español, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-300-INFO Primary Download URL: https://www.courts.ca.gov/documents/ea…

• #2

  physical or financial abuse, read form EA-100-INFO, Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?. How will the order help me? The court can order the person preventing contact to stop preventing the contact. Who can apply for an elder or dependent adult restraining order allowing c…

• #3

  EA-300-INFO, Page 2 of 2 EA-300-INFO Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me? How soon can I get the order? Orders to stop preventing a person from seeing an elder or dependent adult can only be issued after a hearing. Accordingly, the date of the hearing is the earliest the or…

• #4

  Request for Interpreter (Civil), or a local court form or website to request an interpreter. For more information about court interpreters, go to https://selfhelp.courts.ca. gov/request-interpreter. What if I have a disability? If you have a disability and need an accommodation while you are at court, you can us…