Step 2: You must get a judge to sign your forms approving your temporary restraining order. The court clerk will advise you where to go to get this done.
Step 3: File your forms (the EA-100 and EA-120) with the court clerk. The court clerk will stamp your copies and give you the hearing date scheduled for your case. You will also fill out EA-102 which the clerk will enter into a statewide database to let police know about your protective order.
REMEMBER: There is no fee to file your forms to request protection against elder abuse.
Step 4: Give your temporary restraining order to the police. Make sure that each agency which will be providing protection to the abuse victim has a copy of the restraining order. Each agency will need copies of these orders to enforce them.
Step 5: After you file your signed order with the court clerk and get your stamped copies back from the clerk you must ensure that the person who you are requesting protection from is SERVED.
That means that someone over 18-not the person being abused OR the person who is requesting protection on behalf of an abused party.
The other person must be served IN PERSON at least 2 days before the hearing
The judge will not be able to make any protection orders until the person that you are requesting protection from is served.
You must then have the person who served the person you are requesting protection from fill out the EA-140 (Proof of Personal Service). This form proves to the court that the party you are requesting protection from did in fact receive the required court documents advising him or her of the hearing date.
What to Bring to the Hearing? Bring copies of all the forms you filed with the court, including your proof of personal service form (which shows that the person you are requesting protection from received a copy of the court documents.)
Fill out and bring a Restraining Order After Hearing (EA-130.)
After the Hearing After the hearing and if the judge signs the order of protection, the court clerk will give you a copy of the signed order. MAKE AT LEAST 3 COPIES.
File the original with the court clerk’s office.
Ask the clerk to stamp your copies.
Give 1 copy of the signed order to every agency or other person who will help you enforce the order. Keep 2 copies for yourself.
Step 6: Deliver a copy of the restraining order to the police or sheriff’s department or other law enforcement agency you want to enforce the order.
Step 7: Serve the restraining order. ONLY IF THE OTHER PERSON DID NOT ATTEND THE HEARING then they must be served in person with one of the copies of the restraining order which you received from the court clerk. If the person attended the hearing then you do not need to do this.
You will also need to file a proof of service showing that the person you are requesting protection from received the restraining order. Again, you only do this IF THE OTHER PERSON DID NOT ATTEND THE HEARING.
Fresno County Small Claims and Civil Advisory a project of the BBB in Partnership with Fresno Superior Court
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