In the landscape of legal measures designed to protect the vulnerable, the California EA-109 form stands out as a pivotal instrument. Formally known as the "Notice of Court Hearing," this document plays an essential role within the framework of elder or dependent adult abuse prevention. Originating under the auspices of the Judicial Council of California, it aligns with directives set by the Welfare and Institutions Code, § 15657.03, and carries the approval of the Department of Justice. The form is strategically designed to facilitate the legal process by notifying involved parties of upcoming court hearings regarding requests for restraining orders against alleged abusers. Detailed within its sections are directives for completing and serving the document, including vital information such as the identities of the requesting party and the respondent, the specifics of temporary restraining orders, and guidelines for service of related legal documents. Moreover, it emphasizes the necessity of timely service to ensure the court can proceed with making restraining orders after the hearing, delineates the response mechanism available to the person being accused of abuse, and outlines procedures for requesting court accommodations for persons with disabilities. As a mandatory document effective from January 1, 2012, the EA-109 form constitutes a critical step in the legal protocol aimed at safeguarding elders and dependent adults, embodying a structured approach to preventing abuse and addressing the needs for protective legal intervention.
| Question | Answer |
|---|---|
| Form Name | California Form Ea 109 |
| Form Length | 3 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 45 sec |
| Other names | E-Mail, California, EA-100, EA-109 |
Notice of Court Hearing
1Elder or Dependent Adult in Need of Protection
a. Full Name:
Person requesting protection for the elder or dependent adult, if different (person named in item 3 of Form
Full Name:
Lawyer for person named above (if any for this case):
Name: |
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State Bar No.: |
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Firm Name: |
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b.Address for person named above (If you have a lawyer, give your lawyer’s information. If you do not have a lawyer, give information for the person requesting the order. If you want to keep your home address private, you may give a different mailing address instead. You do not have to give telephone, fax, or
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:
2Person You Want Protection From
Full Name:
Judicial Council of California, www.courts.ca.gov New January 1, 2012, Mandatory Form Welfare and Institutions Code, § 15657.03 Approved by DOJ
Notice of Court Hearing |
(Elder or Dependent Adult Abuse Prevention)
Case Number:
4Temporary Restraining Orders (Continued)
b. Reasons for denial of some or all of those personal conduct and stay away orders as requested in Form
(1)
(2)
The facts as stated in Form
Other (specify): |
As set forth on Attachment 4b. |
5Service of Documents by the Person in 1
At least |
five |
days before the hearing, someone age 18 or |
a.
b.
c.
d.
e.
f.
Other (specify):
Date:
Judicial Officer
To the Person in 1 :
• The court cannot make the restraining orders after the court hearing unless the person in 2 has been personally given (served) a copy of your request and any temporary orders. To show that the person in 2 has been served, the person who served the forms must fill out a proof of service form. Form
•For information about service, read Form
•If you are unable to serve the person in 2 in time, you may ask for more time to serve the documents. Use Form
New January 1, 2012
Notice of Court Hearing
(Elder or Dependent Adult Abuse Prevention)
Case Number:
To the Person in 2 :
•If you want to respond to the request for orders in writing, file Form
•The person who mailed the form must fill out a proof of service form. Form
•Whether or not you respond in writing, go to the hearing if you want the judge to hear from you before making an order. You may tell the judge why you agree or disagree with the orders requested.
•You may bring witnesses and other evidence.
•At the hearing, the judge may make restraining orders against you that could last up to five years and may order you to sell or turn in any firearms that you own or possess.
Request for Accommodations
Assistive listening systems,
(Clerk will fill out this part.)
I certify that this Notice of Court Hearing is a true and correct copy of the original on file in the court.
Clerk’s Certificate [seal]
Date:
Clerk, by |
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, Deputy |
New January 1, 2012
Notice of Court Hearing
(Elder or Dependent Adult Abuse Prevention)