Elder Abuse Restraining Orders

IF YOU ARE IN DANGER, CONTACT THE POLICE IMMEDIATELY LAW

ENFORCEMENT CAN OBTAIN AN EMERGENCY PROTECTIVE ORDER 24 HOURS
A DAY.

You can request an elder abuse restraining order if you are:

65 years old, or older; or

Are between 18 and 64 and have certain mental or physical disabilities that
keep you from being able to do normal activities or protect yourself; and

You are a victim of:

Physical or financial abuse, neglect/abandonment, treatment that mentally

hurt; or
Deprivation by a caregiver of basic things/services so you will not suer
physically, mentally, or emotionally.

Fill Out the Proper Documents

The person filing the petition will need to fill out, sign, and file the following
documents:

Form EA-100 this form provides the judge with the details of your particular
circumstances, and what you are asking the court to do.
Form CLETS-001 this form provides law enforcement with information
about the person to be restrained.
Items 1 and 2 of the Form EA-109 this form will tell both you and the party
you are seeking to restrain when to come to court for the hearing.
Items 1, 2 and 3 of the Form EA-110 this form requests that a temporary
restraining order be granted until the hearing date (if you need more space
you can use Form MC-020 as needed).

File the Documents

You will receive a hearing date and the judge will review Form EA-110 and sign it if a
temporary restraining order is granted. The judge may also make changes to the
parameters of the temporary restraining order.

Serve the Documents on the Other Side

The person from whom protection is sought must be personally served (handed)
with all documents filed and be served with blank copies of:

Form EA-120.
Form EA-120-INFO.
Form EA-800.
The person from whom protection is sought must be served by deadline the
judge writes on documents (item 5; pg 2 of Form EA-109).
File Proof of Service Form EA-200. If person not served/not properly served
you can file Form EA-115.

The Other Sides Response & Hearing

The other party must, after being served with your Restraining Order paperwork, file
and serve a response. If the restraining order is granted at the hearing, fill out and
file Form EA-130.

How to Fight an Elder Abuse Restraining Order

If someone is trying to obtain an Elder Or Dependent Adult Abuse Restraining Order

against you, they need to serve you with the following forms:

Form EA-100 this form has all the details of the restraining order and what is
being alleged against you. Read this form carefully because it tells you what
you are and are not allowed to do.
Form EA-109 this form tells you the date, time, and place of the court
hearing.
A blank copy of Form EA-120.

You need to read the forms that the other party filed with the court and served on
you to find out exactly what they are alleging. Then fill out the Form EA-120 with
your response. You need to respond with provable facts that dispute what is being
alleged against you. Then file the form with the court and mail it to the other party.

Attach any documents that help with your case to the hearing. If there are any
witnesses, get their statements in writing or bring them to court with you. If you have
any photographs, a police report or any other evidence, make sure to attach them to
your response and to bring it to the hearing. At the hearing, the judge will decide
whether or not the restraining order should be granted against you.