court_form | California
EA-300 - Request for Elder or Dependent Adult Restraining Order Allowing Contact
Summary
Request for Elder or Dependent Adult Restraining Order Allowing Contact
Text
Form ID: EA-300 Title: Request for Elder or Dependent Adult Restraining Order Allowing Contact 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 Primary Download URL: https://www.courts.ca.gov/documents/ea300.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/ea300c.pdf, https://www.courts.ca.gov/documents/ea300k.pdf, https://www.courts.ca.gov/documents/ea300s.pdf, https://www.courts.ca.gov/documents/ea300v.pdf Form Detail Page: Request for Elder or Dependent Adult Restraining Order Allowing Contact (EA-300) Ask the judicial officer for a restraining order to allow contact and tell the judge why you need one. Get form EA-300 汉语 Get form EA-300 in Chinese Simplified (Chinese Simplified) 한국어 Get form EA-300 in Korean (Korean) español Get form EA-300 in Spanish (Spanish) Tiếng Việt Get form EA-300 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, Ne New January 1, 2023, Mandatory Form Welfare and Institutions Code, § 15657.03 www.courts.ca.gov Request for Elder or Dependent Adult Restraining Order Allowing Contact EA-300, Page 1 of 5 EA-300 Request for Elder or Dependent Adult Restraining Order Allowing Contact Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Court fills in case number when form is filed. Case Number: Use this form to obtain an order allowing contact between an elder or dependent adult and another person. • Read Can an Elder or Dependent Adult Restraining Order Allowing Contact Help Me? (form EA-300-INFO) before completing this form. • Note: This order cannot be issued if the elder or dependent adult lives in a long-term care or residential facility or is a patient at a hospital. • If you want a restraining order for other abuse, such as physical or financial abuse, use Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-100). Read Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? (form EA-100-INFO) for more information. 1 Elders or Dependent Adults 3 (List each elder or dependent adult in the same household who wants to have contact with the person named in and their age below.) 3 Full Name Age Check here if there are more elders or dependent adults in the same household who also want to have contact with the person named in . List those persons and their ages on an attached sheet of paper and write “Attachment 1—Additional Elders or Dependent Adults” for a title. You may use form MC-025, Attachment. 2 Person Alleged to Be Preventing Contact Full Name: Address (if known): City: State: Zip: 3 Person Who Wants Contact With the Elders or Dependent Adults Full Name:a. b. Describe this person’s preexisting relationship to the elders or dependent adults named in : Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 3 Preexisting Relationship” for a title.— 1 This is not a Court Order. New January 1, 2023 Request for Elder or Dependent Adult Restraining Order Allowing Contact Case Number: 4 Person Requesting Order Who is asking the court for an order? (Check a, b, c, or d): a. The elders or dependent adults named in . The person named in who wants contact with the elders or dependent adults. Other person legally authorized to make this request (name): 1 b. 3 c. Name: conservator of the person estate person and estate Case No.: named in , appointed by (name of court):1 , d. (Show this person’s legal authority to make this request on an attached sheet of paper. Write “Attachment 4d—Information About Person Requesting Order” for a title. You may use form MC-025, Attachment.) 5 Contact Information Contact information for the person asking the court for an order a. Your Lawyer (if you have one for this case) Name: State Bar No.: Firm Name: 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.) Address: City: State: Zip: Telephone: Fax: Email Address: 6 Description of Elders or Dependent Adults The person or persons named in are residents of California and (check a, b, or c):1 a. Are all age 65 or older. Are all under age 65 and have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights. (Briefly describe limitations on the attached sheet of paper or form MC-025. Write “Attachment 6b—Description of Elders or Dependent Adults” for a title.) Include some adults age 65 or older and some are adults under age 65. The adults under age 65 have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights. (Identify which persons are 65 or older and identify and briefly describe the limitations of those under age 65 on the attached sheet of paper or form MC-025. Write “Attachment 6c—Description of Elders or Dependent Adults” for a title.) b. c. This is not a Court Order. EA-300, Page 2 of 5 EA-300, Page 3 of 5 New January 1, 2023 Request for Elder or Dependent Adult Restraining Order Allowing Contact Case Number: 7 Relationship to Person Alleged to be Preventing Contact How do the elders or dependent adults know the person in ? (Explain below): 2 Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 7—Relationship to Respondent” for a title. 8 Facts Supporting Order Allowing Contact The person requesting the order must show that: • • The elders or dependent adults expressly desire contact with the person named in ; The person in has repeatedly prevented that contact; The prevention of contact was not in response to an actual or threatened abuse of the elders or dependent adults by the person named in ; and The prevention of contact was not in response to the desire of the elders or dependent adults to not have contact with the person named in . • • 3 2 3 3 a. Describe the desire of the elders or dependent adults to have contact with the person named in (3) and attach any documentation demonstrating such desire: 3 Check here if documentation is attached or if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write "Attachment 8a—Describe Desire to Contact” for a title. b. (1) When has the person in (2) prevented the person named in (3) from seeing the elders or dependent adults? (Provide dates or estimated dates): 2 3 (2) Describe how the person in (2) has prevented the person named in (3) from seeing the elders or dependent adults. 2 3 Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 8b—Describe Prevention” for a title. This is not a Court Order. EA-300, Page 4 of 5 New January 1, 2023 Request for Elder or Dependent Adult Restraining Order Allowing Contact Case Number: 9 Venue Why are you filing in this county? (Check all that apply): a. The person in lives in this county.2 b. The person in prevented the person in from seeing the elders or dependent adults in this county.2 3 c. Other (specify): 10 Other Court Cases a. Has the person in or the person in been involved in another court case with the elders or dependent2 3 adults? No Yes (If yes, specify the kind of each case and indicate where and when each was filed): Kind of Case Filed in (County/State) Year Filed Case Number (if known) (1) Elder or Dependent Adult Abuse (2) Civil Harassment (3) Domestic Violence (4) Divorce, Nullity, Legal Separation (5) Paternity, Parentage, Child Custody (6) Eviction (7) Guardianship (8) Workplace Violence (9) Small Claims (10) Criminal (11) Other (specify): b. Are there any protective or restraining orders now in effect relating to the elders or dependent adults and the person in or the person in ?2 3 No Yes (If yes, attach a copy if you have one.) 11 I ask the court to order the person in to allow the person in to contact the elders or dependent adults, with the following terms: 2 a. The person in (2) may not prevent the person named in (3) from in-person or remote online or telephonic visits with the elders or dependent adults named in (1) . 2 3 1 b. Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 11b—Other Order Terms” for a title. Other terms requested for the order allowing contact (specify): Order Allowing Contact 3 This is not a Court Order. EA-300, Page 5 of 5 New January 1, 2023 Request for Elder or Dependent Adult Restraining Order Allowing Contact Case Number: 12 Request to Give Less Than Five Days' Notice of Hearing You must have your papers personally served on the person in at least five days before the hearing, unless the court orders a shorter time for service. (Read form EA-200-INFO, What Is “Proof of Personal Service”?, to learn about serving legal papers. Form EA-200, Proof of Personal Service, may be used to show the court that the papers have been served.) 2 If you want there to be less than five days between service and the hearing, explain why: Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 12—Request to Give Less Than Five Days’ Notice” for a title. 13 Lawyer's Fees and Costs I ask the court to order payment of my lawyer’s fees court costs. The amounts requested are: Item Amount Item Amount $ $ $ $ $ $ Check here if there are more items. Put the items and amounts on the attached sheet of paper or form MC-025 and write “Attachment 13—Lawyer’s Fees and Costs” for a title. 14 Number of pages attached to this form, if any: Date: Lawyer’s name (if any) Lawyer’s signature I declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: Type or print your name Signature of person making this request Date: Type or print your name Signature of person making this request This is not a Court Order.
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Form ID: EA-300 Title: Request for Elder or Dependent Adult Restraining Order Allowing Contact 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 Primary Download URL: https://www.courts.ca.gov/documents/ea300.pdf Alter…
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Check here if there are more elders or dependent adults in the same household who also want to have contact with the person named in . List those persons and their ages on an attached sheet of paper and write “Attachment 1—Additional Elders or Dependent Adults” for a title. You may use form MC-025, Attachment…
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Include some adults age 65 or older and some are adults under age 65. The adults under age 65 have physical or mental limitations that restrict their ability to carry out normal activities or to protect their rights. (Identify which persons are 65 or older and identify and briefly describe the limitations of those u…
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EA-300, Page 4 of 5 New January 1, 2023 Request for Elder or Dependent Adult Restraining Order Allowing Contact Case Number: 9 Venue Why are you filing in this county? (Check all that apply): a. The person in lives in this county.2 b. The person in prevented the person in from seeing the elder…
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Check here if there is not enough space for your answer. Put your complete answer on the attached sheet of paper or form MC-025 and write “Attachment 12—Request to Give Less Than Five Days’ Notice” for a title. 13 Lawyer's Fees and Costs I ask the court to order payment of my lawyer’s fees court costs. The amounts…