court_form | California
EA-330 - Elder or Dependent Adult Restraining Order Allowing Contact After Hearing
Summary
Elder or Dependent Adult Restraining Order Allowing Contact After Hearing
Text
Form ID: EA-330 Title: Elder or Dependent Adult Restraining Order Allowing Contact After Hearing Effective Date: 2024-01-01 Mandatory Form: yes Languages: 汉语, 한국어, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-330 Primary Download URL: https://www.courts.ca.gov/documents/ea330.pdf Alternate Download URLs: https://www.courts.ca.gov/documents/ea330c.pdf, https://www.courts.ca.gov/documents/ea330k.pdf, https://www.courts.ca.gov/documents/ea330v.pdf Form Detail Page: Elder or Dependent Adult Restraining Order Allowing Contact After Hearing (EA-330) Tells you that a judicial officer has made a long-term restraining order to allow contact in your case. Get form EA-330 汉语 Get form EA-330 in Chinese Simplified (Chinese Simplified) 한국어 Get form EA-330 in Korean (Korean) Tiếng Việt Get form EA-330 in Vietnamese (Vietnamese) Effective: January 1, 2024 Go to How-to instructions for Elder Abuse Go to Elder Abuse Form Packets PDF Text: This is a Court Order. Judicial Council of California, www.courts.ca.gov Rev. January 1, 2024, Mandatory Form Welfare and Institutions Code, § 15657.03 www.courts.ca.gov Elder or Dependent Adult Restraining Order Allowing Contact After Hearing EA-330, Page 1 of 4 EA-330 Elder or Dependent Adult Restraining Order Allowing Contact After Hearing Clerk stamps date here when form is filed. Fill in court name and street address: Superior Court of California, County of Case Number: Court fills in case number when form is filed. Person in must complete , , , and only.4 1 2 3 4 1 Elders or Dependent Adults Full Names: 2 Person Preventing Contact Full Name: 3 Person Who Wants Contact With the Elders or Dependent Adults Full Name: Person Requesting Order4 a. Lawyer for person requesting order (if any for this case): Name: State Bar No.: Firm Name: Full 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. You do not have to give telephone, fax, or email.) Address: City: State: Zip: Telephone: Fax: Email Address: 5 Expiration Date This Order, except for any award of lawyer’s fees, expires at Time: a.m. p.m. midnight on (date): If no expiration date is written here, this Order expires three years from the date of issuance. Rev. January 1, 2024 Elder or Dependent Adult Restraining Order Allowing Contact After Hearing Case Number: 6 Hearing a. There was a hearing on (date): at (time): in Dept.: Room: (Name of judicial officer): made the orders at the hearing. b. These people were at the hearing: (1) The elders or dependent adults to receive contact (2) The lawyer for the elders or dependent adults (name): (3) The person in 1 requesting the order4 (name): (4) The lawyer for the person in 1 requesting the order4 (name): (5) The person in 2 2 (name): (6) The lawyer for the person in 22 (name): Additional persons present are listed at the end of this Order on Attachment 6. c. 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. Order Allowing Contact a. or dependent adults in .1 3You may not prevent the person in from in-person or remote online or telephonic visits with the elders b. (specify):Other terms of order allowing contact 7 8 Other Orders (specify): Additional orders are attached at the end of this Order on Attachment 8. EA-330, Page 2 of 4 Rev. January 1, 2024 Elder or Dependent Adult Restraining Order Allowing Contact After Hearing Case Number: 9 Lawyer's Fees and Costs You must pay to the person who requested the order the following amounts for lawyer’s fees costs: Item Amount Item Amount $ $ $ $ Additional amounts are attached at the end of this Order on Attachment 9. To the Person in 1 :4 10 Service of Order a. The person in 2 personally attended the hearing, either physically or remotely (by telephone or2 4b. The person in 2 was not at the hearing. Someone—but not anyone in or —must personally serve 2 a copy of this Order on the person in .2 1 videoconference). No other proof of service is needed. 11 No Fee to Serve (Notify) Restrained Person If the sheriff or marshal serves this Order, they will do so for free. 12 Number of pages attached to this Order, if any: Date: Judicial Officer Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by any law enforcement agency that has received the order or is shown a copy of the order. If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing (see ) the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties. 10 Start Date and End Date of Order This order starts on the date next to the judge’s signature on page 3. The order ends on the expiration date in on page 1.5 EA-330, Page 3 of 4 This is a Court Order. Rev. January 1, 2024 Elder or Dependent Adult Restraining Order Allowing Contact After Hearing EA-330, Page 4 of 4 Case Number: Arrest Required if Order Is Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Notice/Proof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “served” (given notice) if (Pen. Code, § 836(c)(2)): • The officer sees a copy of the Proof of Service or confirms that the Proof of Service is on file; or • The restrained person was at the restraining order hearing (see ) or was informed of the order by an officer.10 If proof of service on the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it. Conflicting Orders—Priority of Enforcement If more than one restraining order has been issued protecting the protected person from the restrained person, the orders must be enforced in the following priority (see Pen. Code, § 136.2 and Fam. Code, §§ 6383(h)(2), 6405(b)): 1. Emergency Protective Order (EPO): If one of the orders is an Emergency Protective Order (form EPO-001), provisions (e.g., stay-away order) that are more restrictive than in the other restraining/protective orders must be enforced. Provisions of another order that do not conflict with the EPO must be enforced. 2. No-Contact Order: If a restraining/protective order includes a no-contact order, the no-contact order must be enforced. Item 5a(2) is an example of a no-contact order. 3. Criminal Protective Order (CPO): If none of the orders include an EPO or a no-contact order, the most recent CPO must be enforced. (Fam. Code, §§ 6383(h)(2) and 6405(b).) Additionally, a CPO issued in a criminal case involving charges of domestic violence, Penal Code sections 261, 261.5, or former 262, or charges requiring sex offender registration must be enforced over any civil court order. (Pen. Code, § 136.2(e)(2).) All provisions in the civil court order that do not conflict with the CPO must be enforced. 4. Civil Restraining Orders: If there is more than one civil restraining order (e.g., domestic violence, juvenile, elder abuse, civil harassment) then the order that was issued last must be enforced. Provisions that do not conflict with the most recent civil restraining order must be enforced. Clerk’s Certificate [seal] (Clerk will fill out this part.) —Clerk's Certificate— I certify that this Elder or Dependent Adult Restraining Order Allowing Contact After Hearing is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy
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Form ID: EA-330 Title: Elder or Dependent Adult Restraining Order Allowing Contact After Hearing Effective Date: 2024-01-01 Mandatory Form: yes Languages: 汉语, 한국어, Tiếng Việt Info Page: https://selfhelp.courts.ca.gov/jcc-form/EA-330 Primary Download URL: https://www.courts.ca.gov/documents/ea330.pdf Alternate D…
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Allowing Contact After Hearing Case Number: 6 Hearing a. There was a hearing on (date): at (time): in Dept.: Room: (Name of judicial officer): made the orders at the hearing. b. These people were at the hearing: (1) The elders or dependent adults to receive contact (2) The lawyer for the elders or dependent ad…
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law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing (see ) the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties. 1…
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CPO must be enforced. (Fam. Code, §§ 6383(h)(2) and 6405(b).) Additionally, a CPO issued in a criminal case involving charges of domestic violence, Penal Code sections 261, 261.5, or former 262, or charges requiring sex offender registration must be enforced over any civil court order. (Pen. Code, § 136.2(e)(2).) Al…