court_form | California
EA-320-INFO - How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact?
Summary
How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact?
Text
Form ID: EA-320-INFO Title: How Can I Respond to a Request for an 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-320-INFO Primary Download URL: https://www.courts.ca.gov/documents/ea320info.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/ea320infoc.pdf, https://www.courts.ca.gov/documents/ea320infok.pdf, https://www.courts.ca.gov/documents/ea320infos.pdf, https://www.courts.ca.gov/documents/ea320infov.pdf Form Detail Page: How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact? (EA-320-INFO) Explains what a restraining order to allow contact is and how you can respond to a request for a restraining order. Get form EA-320-INFO 汉语 Get form EA-320-INFO in Chinese Simplified (Chinese Simplified) 한국어 Get form EA-320-INFO in Korean (Korean) español Get form EA-320-INFO in Spanish (Spanish) Tiếng Việt Get form EA-320-INFO in Vietnamese (Vietnamese) Effective: January 1, 2023 Go to How-to instructions for Elder Abuse Go to Elder Abuse Form Packets PDF Text: How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact? Judicial Council of California, www.courts.ca.gov New January 1, 2023, Optional Form Welfare and Institutions Code, § 15657.03 EA-320-INFO, Page 1 of 2 How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact? EA-320-INFO Do I have to serve the other parties with a copy of my response?The person who serves the form by mail must fill out form EA-250, Proof of Service of Response by Mail . Have the person who did the mailing sign the original. Take a completed form back to the court clerk or bring it with you to the hearing. Yes. Have someone age 18 or older—not you or anybody else involved in the case—mail a copy of completed form EA-320 to the other parties in the case (or their lawyers). (This is called “service by mail.”) Should I go to the court hearing? Yes. You should go to court on the date listed on form EA-309, Notice of Court Hearing to Allow Contact. If you do not go to the hearing, the judge can make an order against you without hearing from you. The length of the order is determined by the court and could last for up to five years. How long does the order last? 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. Will I see the person who asked for the order at the court hearing? Yes. Assume that the person who is asking for the order will attend the hearing. Do not talk to that person unless the judge or that person's attorney says that you can. Can I bring a witness to the court hearing? Yes. You can bring witnesses or documents that support your case to the hearing. But if possible, you should also bring the witnesses’ written statements of what they saw or heard. Their statements must be made under penalty of perjury. You can use form MC-030, Declaration , for this. What is a restraining order allowing contact? It is a court order that prohibits you from preventing an elder or dependent adult from having contact with someone the elder or dependent wishes to have contact with. Who can ask for a restraining order allowing contact? If you are preventing an elder or dependent adult from having contact with a person that the elder or dependent adult wishes to have contact with, the following people can ask for a restraining order: • The elder or dependent adult; • The person that the elder or dependent adult is being prevented from seeing; or • A conservator, attorney-in-fact, or person appointed as guardian ad litem for the elder or dependent adult. Read the papers served on you very carefully. The Notice of Court Hearing (form EA-309) tells you when to appear in court. I've been served with a request for elder or dependent adult restraining order allowing contact. What do I do now? If you disagree with the order the person is asking for, fill out form EA-320, Response to Request for Elder and Dependent Adult Restraining Order Allowing Contact, before your hearing date and file it with the court. If you need to include attachments, you can use form MC-025, Attachment. You can get 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 if I don't agree with what the request says? How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact? New January 1, 2023 EA-320-INFO, Page 2 of 2 How Can I Respond to a Request for an Elder or Dependent Adult Restraining Order Allowing Contact?EA-320-INFO 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 selfhelp.courts.ca.gov/ request-interpreter. Can I agree with the elder or dependent adult to cancel the order? No. Once the order is issued, only the judge can change or cancel it. You or the person who requested the order would have to file a request with the court to cancel the order. 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-320-INFO Title: How Can I Respond to a Request for an 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-320-INFO Primary Download URL: https://www.cou…
-
#2
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. Will I see the person who asked for the order at the court hearing? Yes. Assume that the p…
-
#3
Adult Restraining Order Allowing Contact?EA-320-INFO 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…