superior court of california county of merced

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SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED ELDER OR DEPENDENT ADULT ABUSE PACKET FORMS INCLUDED IN THIS PACKET Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me? Judicial Council Form EA-100-INFO FORMS FOR REQUESTING PARTY TO FILE: Civil Case Cover Sheet Judicial Council Form #CM-010 Confidential CLETS Information Judicial Council Form #CLETS-001 Request for Elder or Dependent Adult Abuse Orders Judicial Council Form #EA-100 Notice of Court Hearing Order (Elder or Dependent Adult Abuse Prevention) Judicial Council Form #EA-109 Temporary Restraining Order (Elder or Dependent Adult Abuse Prevention) Judicial Council Form #EA-110 Elder or Dependent Adult Abuse Restraining Order After Hearing Judicial Council Form #EA-130 What is “Proof of Personal Service”? Judicial Council Form #EA-200-INFO Proof of Personal Service Judicial Council Form #EA-200 BLANK FORMS TO SERVE ON RESTRAINED PARTY: How Can I Respond to a Request for Elder or Dependent Adult Restraining Orders? Judicial Council Form #EA-120-INFO Response to Request for Elder or Dependent Adult Abuse Restraining Orders Judicial Council Form #EA-120 Proof of Service of Response by Mail Judicial Council Form #EA-250 Rev 3/15/2021 PRICE: $8.50

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SUPERIOR COURT OF CALIFORNIA

COUNTY OF MERCED

ELDER OR DEPENDENT ADULT ABUSE PACKET

FORMS INCLUDED IN THIS PACKET Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?

Judicial Council Form EA-100-INFO

FORMS FOR REQUESTING PARTY TO FILE: Civil Case Cover Sheet Judicial Council Form #CM-010 Confidential CLETS Information Judicial Council Form #CLETS-001 Request for Elder or Dependent Adult Abuse Orders Judicial Council Form #EA-100 Notice of Court Hearing Order (Elder or Dependent Adult Abuse Prevention)

Judicial Council Form #EA-109

Temporary Restraining Order (Elder or Dependent Adult Abuse Prevention)

Judicial Council Form #EA-110

Elder or Dependent Adult Abuse Restraining Order After Hearing

Judicial Council Form #EA-130

What is “Proof of Personal Service”? Judicial Council Form #EA-200-INFO Proof of Personal Service Judicial Council Form #EA-200 BLANK FORMS TO SERVE ON RESTRAINED PARTY: How Can I Respond to a Request for Elder or Dependent Adult Restraining Orders?

Judicial Council Form #EA-120-INFO

Response to Request for Elder or Dependent Adult Abuse Restraining Orders

Judicial Council Form #EA-120

Proof of Service of Response by Mail Judicial Council Form #EA-250 Rev 3/15/2021 PRICE: $8.50

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Judicial Council of California, Rev. March 15, 2021, Mandatory FormWelfare & Institutions Code, § 15657.03

www.courts.ca.gov Response to Request for Elder or Dependent Adult Abuse Restraining Orders

(Elder or Dependent Adult Abuse Prevention)

EA-120, Page 1 of 4

EA-120Response to Request for Elder or Dependent Adult AbuseRestraining Orders

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 respond to the Request (form EA-100)• Read How Can I Respond to a Request for Elder or Dependent Adult Abuse

Restraining Orders? (form EA-120-INFO) to protect your rights.• Fill out this form and take it to the court clerk.• Have someone age 18 or older—not you—serve the person requesting

protection in by mail with a copy of this form and any attached pages.(Use form EA-250, Proof of Service of Response by Mail.)

1

1 Elder or Dependent Adult Seeking ProtectionName:

Name of person asking for the protection, if different (This is the person named in item of the request (form EA-100).)3

2 Person From Whom Protection Is Soughta. Your Name:

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’sinformation. If you do not have a lawyer and want to keepyour home address private, you may give a different mailingaddress instead. You do not have to give telephone, fax, ore-mail.)Address:City: State: Zip:Telephone: Fax:E-Mail Address:

Present your response and any opposition at thehearing. Write your hearing date, time, and placefrom form EA-109, item , here:3

HearingDate

Date: Time:Dept.: Room:

If you were served with a TemporaryRestraining Order, you must obey it until thehearing. At the hearing, the court may make orders against you that last for up to five years.

3 Personal Conduct Ordersa. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13

c. I agree to the following orders (specify below or in item on page 4):13

4 Stay-Away Ordersa. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13

c. I agree to the following orders (specify below or in item on page 4):13

MERCED

__ 627 W. 21st St., Merced, CA 95340

__ 1159 G St., Los Banos, CA 93635

Rev. March 15, 2021 Response to Request for Elder or Dependent Adult Abuse Restraining Orders

(Elder or Dependent Adult Abuse Prevention)

Case Number:

5 Move-Out Ordersa. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13

c. I agree to the following orders (specify below or in item on page 4):13

6 Additional Protected Persons a. I agree that the persons listed in item of form EA-100 may be protected by the order requested.6

b. I do not agree that the persons listed in item of form EA-100 may be protected by the order requested.6

7 Order for Counseling or Anger Management CoursesThis item is only available in instances of alleged physical abuse or deprivation of care, not in cases with only alleged financial abuse.

a. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13c. I agree to the following orders (specify below or in item on page 4):13

8 Guns or Other Firearms and AmmunitionIf you were served with form EA-110, Temporary Restraining Order, you cannot own or possess any guns,other firearms, or ammunition. (See item of form EA-110.) You must sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served with form EA-110. You must file a receipt with the court. You may use form EA-800, Proof of Firearms Turned In, Sold, or Stored, for the receipt.

8

a. I do not own or control any guns, firearms, magazines or ammunition.

b. I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f) because carrying a firearm is a condition of my employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Explain):

Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write “Attachment 8b—Firearms Surrender Exemption” as a title. You may use form MC-025, Attachment.

c. I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer.

A copy of the receipt is attached. has already been filed with the court.

EA-120, Page 2 of 4

Rev. March 15, 2021 Response to Request for Elder or Dependent Adult Abuse Restraining Orders

(Elder or Dependent Adult Abuse Prevention)

Case Number:

9 Possession and Protection of Animalsa. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13c. I agree to the following orders (specify below or in item on page 4):13

10 Other Ordersa. I agree to the orders requested.b. I do not agree to the orders requested. (Specify why you disagree in item on page 4.)13c. I agree to the following orders (specify below or in item on page 4):13

11 DenialI did not do anything described in item of form EA-100. (Skip to ..)8 13

12 Justification or ExcuseIf I did some or all of the things that the person in 1 has accused me of, my actions were justified or excused for the following reasons (explain):

1

Check here if there is not enough space below for your answer. Put your complete answer on an attached sheet of paper and write “Attachment 12–Justification or Excuse” as a title. You may use form MC-025, Attachment.

EA-120, Page 3 of 4

Rev. March 15, 2021 Response to Request for Elder or Dependent Adult Abuse Restraining Orders

(Elder or Dependent Adult Abuse Prevention)

EA-120, Page 4 of 4

Case Number:

13 Reasons I Do Not Agree to the Orders RequestedExplain your answers to each order requested that you do not agree with.

Check here if there is not enough space below for your answer. Put your complete answer on an attached sheetof paper and write “Attachment 13—Reasons I Disagree” as a title. You may use form MC-025, Attachment.

14 Lawyer's Fees and Costsa. 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 and write “Attachment 14—Lawyer’s Fees and Costs” for a title. You may use form MC-025, Attachment.

b. I ask the court to deny the request of the person asking for protection named in that I pay his or her lawyer’s fees and costs.

1

15 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 onall attachments is true and correct.

Date:

Type or print your name Sign your name