Step 1:
In order to complete your request for an order of protection from elder abuse you will need
to fill out ALL the following documents:
  • EA-100: Request for Orders to Stop Elder or Dependent Adult Abuse.
  • EA-120: Order to Show Cause and Temporary Restraining Order.
  • You need 1 copy of the temporary restraining order for every police and sheriff’s
    department or other law enforcement agency you want to enforce the order.
  • Make copies for anyone else that will help you enforce the order.
  • Keep 2 copies for yourself.
  • Take the originals and all copies to the court clerk.
  • EA-130: Restraining Order After Hearing.
  • EA-102: Confidential CLETS Information.
  • EA-140: Proof Of Personal Service.

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
Steps to File an Order of Protection
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