Form Ea 120 – Fill Out and Use This PDF

EA-120

	ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):		FOR COURT USE ONLY
TELEPHONE NO. (Optional):		FAX NO. (Optional):
E–MAIL ADDRESS (Optional):
	ATTORNEY FOR (Name):
	SUPERIOR COURT OF CALIFORNIA, COUNTY OF
	STREET ADDRESS:
	MAILING ADDRESS:
	CITY AND ZIP CODE:
	BRANCH NAME:
	PETITIONER:
	RESPONDENT:
		ORDER TO SHOW CAUSE	CASE NUMBER:
	AND TEMPORARY RESTRAINING ORDER
	(Elder or Dependent Adult Abuse) (CLETS)
		ORDER TO SHOW CAUSE

1.To (name of person to be restrained):

2.YOU ARE ORDERED to appear in this court at the date, time, and place shown in the box below to give any legal reason why the orders sought and the other relief requested in the petition should not be granted.

NOTICE OF HEARING

a. Date:

Time:

Dept.:

Room:

A court hearing has been set at the time and place indicated above. You may attend this hearing, with or without an attorney, to give any legal reason why the orders requested in the attached petition should not be granted. Before preparing your response, you should read the INSTRUCTIONS FOR THE RESPONDENT on page four of this document. If you do not appear at the court hearing at the date, time, and place indicated in this notice, the court may grant the requested orders for up to three years without further notice to you.

Date:

JUDICIAL OFFICER

TEMPORARY RESTRAINING ORDER

THIS ORDER SHALL EXPIRE AT THE DATE AND TIME OF THE HEARING SHOWN IN THE BOX ABOVE UNLESS EXTENDED BY THE COURT.

THE COURT FINDS

3.a. The restrained person is (name):

b. The restrained person is described as follows:

4. The protected person is (name):

Page 1 of 4

	Form Approved for Optional Use	ORDER TO SHOW CAUSE	Welfare and Institutions Code, § 15657
	Judicial Council of California
	EA-120 [Rev. January 1, 2002]	AND TEMPORARY RESTRAINING ORDER

(Elder or Dependent Adult Abuse) (CLETS)

UNTIL THE TIME OF HEARING, IT IS ORDERED

5.a. PERSONAL CONDUCT ORDER

The restrained person shall not abuse, intimidate, molest, attack, strike, stalk, threaten, sexually assault, batter, harass, telephone, destroy the personal property of, contact directly or indirectly by mail or otherwise, or disturb the peace of the protected person.

b.RESIDENCE EXCLUSION ORDER

The restrained person must immediately move from the protected person's residence located at (address):

and may take only personal clothing and effects needed until the hearing.

c.STAY-AWAY ORDER

The restrained person shall stay at least (specify):					yards away from the protected person and the following
places:
(1)			The protected person's residence listed in item 5.b above.
(2)			The protected person's place of work is located at (address):
(3)			The protected person's vehicle (specify):
(4)			Other (specify):

6.There are no fees for filing these restraining orders.

8.OTHER ORDERS (specify):

9.ORDER SHORTENING TIME

The request for an order shortening time for service is granted. The documents listed below shall be personally served on

the restrained person no fewer than (specify number):						days before the time set for hearing. The response shall be
filed and served no fewer than (specify number):					days before the time set for hearing.
a.		Petition for Protective Orders (Elder or Dependent Adult Abuse) (CLETS).
b.		Order to Show Cause and Temporary Restraining Order (Elder or Dependent Adult Abuse) (CLETS).
c.		Blank Response to Petition for Protective Orders (Elder or Dependent Adult Abuse) (CLETS).
d.		Other (specify):

10.DELIVERY TO LAW ENFORCEMENT

A copy of this order and any proof of service shall be delivered to the law enforcement agencies listed below by the following means:

(Elder or Dependent Adult Abuse) (CLETS)

10. (Continued)
Law enforcement agency	Address

Date:

JUDICIAL OFFICER

NOTICES TO THE RESPONDENT

IMPORTANT INFORMATION FOR RESTRAINED PERSON

Carefully read these and all other papers served on you. The Order to Show Cause and Temporary Restraining Order (Elder or Dependent Adult Abuse) [OSC] tells you when to appear in court and may contain a temporary restraining order forbidding you from doing certain things. If you disobey the court's orders, criminal charges may be filed against you.

If you want to respond to or oppose the Petition for Protective Orders (Elder or Dependent Adult Abuse) [Petition], you should file a Response to Petition for Protective Orders [Response] (Form EA-110). Read the Instructions for the Respondent on the next page for information on how to complete your Response.

NOTICE REGARDING ENFORCEMENT OF THIS ORDER

This order is effective when made. It is enforceable anywhere in California by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Law Enforcement Telecommunications System (CLETS). If proof of service on the restrained person has not been received, and the restrained person was not present at the court hearing, the law enforcement agency shall advise the restrained person of the terms of the order and shall enforce it.

Violation of this restraining order may be punished as a contempt of court, a misdemeanor, punishable by one year in jail or a $1,000 fine, or both.

Date:

Clerk, by

, Deputy

INSTRUCTIONS FOR THE RESPONDENT

A.If you are served with an Order to Show Cause and Temporary Restraining Order (Elder or Dependent Adult Abuse) [OSC] (Form EA-120) and a Petition for Protective Orders (Elder or Dependent Adult Abuse) [Petition] (Form EA-100), you should promptly seek legal advice. If you have no attorney, the attorney referral service of your local bar association may be of assistance.

B.If you wish to respond to or oppose the Petition, you should file a Response to Petition for Protective Orders [Response] (Form EA-110). An original Response must be filed with the court and a copy served on the petitioner or the petitioner's attorney. You do not have to pay any fee to file your Response.

In addition to the Response, you may file and serve declarations signed by you and other persons who have personal knowledge of the facts. A declaration form (Form MC-031) is available from the clerk's office of the court shown on page one of this form. If you do not know how to prepare a declaration, you should see an attorney. After you have filed the Response with the clerk of the court, a copy must be delivered personally or by mail to the petitioner or the petitioner's attorney.

You cannot serve the petitioner yourself. The person who serves the petitioner should complete and sign a Proof of Service (Form EA-141). You should take the completed form back to the court clerk before the hearing date or bring it with you to the hearing.

C.If you wish to oppose the Petition, in addition to filing a Response you should be present at the hearing. If you have any witnesses, they must also be present at the hearing.