Article Guide
The California EA 109 form, known as the Notice of Court Hearing, plays a critical role in the legal process for protecting elders or dependent adults from abuse. This form is filed in conjunction with the EA-100, which requests restraining orders against individuals accused of such abuse. It includes essential information about the parties involved, including the names and addresses of both the person requesting protection and the individual from whom protection is sought. The form also outlines the necessary steps for serving documents to ensure that all parties are informed of the court proceedings. It emphasizes the importance of timely service, requiring that the notice be delivered at least five days before the hearing. Additionally, the EA 109 addresses the potential outcomes of the hearing, including the possibility of temporary restraining orders and the consequences for the accused. Understanding the nuances of this form is vital for anyone navigating the complexities of elder abuse cases in California, as it sets the stage for legal protections and the court's ability to intervene effectively.
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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)
Form Specifications
| Fact Name | Details |
|---|---|
| Purpose | The EA-109 form serves as a Notice of Court Hearing for cases involving elder or dependent adult abuse protection. |
| Governing Law | This form is governed by the Welfare and Institutions Code, § 15657.03. |
| Filing Requirements | The form must be filed with the Superior Court of California, County of, including a case number assigned by the court. |
| Service of Documents | At least five days before the hearing, a person over 18 must serve a court-stamped copy of this form to the individual from whom protection is sought. |
| Response Requirements | The person being served can respond in writing using Form EA-120, which must also be served to the requesting party. |
| Hearing Attendance | It is crucial for both parties to attend the hearing to present their case and evidence before the judge. |
| Duration of Orders | If granted, restraining orders can last up to five years, and may include provisions regarding firearms. |
| Accommodations | Assistive services, like sign language interpreters, are available upon request at least five days prior to the hearing. |
| Clerk's Certificate | The form includes a section for the clerk to certify its accuracy, ensuring it is a true copy of the original. |
California Ea 109: Usage Guidelines
Filling out the California EA-109 form is a crucial step in seeking protection for an elder or dependent adult. This form serves as a notice of the court hearing and must be completed accurately to ensure that all parties are informed and that the legal process can proceed smoothly.
- Obtain the Form: Access the EA-109 form from the Judicial Council of California's website or your local court's office.
- Fill in Your Information: In the first section, provide your full name, address, and contact information. If you have a lawyer, include their name, State Bar number, and firm name.
- Indicate the Court Information: Write the name and address of the Superior Court of California where you are filing the form. Leave space for the court to fill in the case number.
- Identify the Person You Want Protection From: In the designated section, write the full name of the individual from whom protection is being sought.
- Detail Temporary Restraining Orders: If applicable, list any reasons for denying personal conduct and stay-away orders as requested in Form EA-100. Provide any relevant facts or references to attachments.
- Service of Documents: Note that at least five days before the hearing, someone who is 18 or older must serve a court file-stamped copy of this form, along with several other specified forms, to the person you want protection from.
- Sign and Date the Form: Ensure that you sign and date the form in the appropriate section. This step is essential for the form to be valid.
- File the Form: Submit the completed form to the court clerk. Keep a copy for your records.
After completing the EA-109 form, it is important to prepare for the upcoming court hearing. Ensure that all necessary documents are served to the involved parties and that you understand the process ahead. This preparation will help facilitate a smoother hearing experience.
Your Questions, Answered
What is the California EA-109 form?
The California EA-109 form, also known as the Notice of Court Hearing, is a mandatory document used in cases involving elder or dependent adult abuse. It serves to notify relevant parties about the scheduled court hearing regarding a request for protective orders. This form is essential for ensuring that all parties involved are informed and can participate in the legal process.
Who needs to fill out the EA-109 form?
The individual seeking protection for an elder or dependent adult must complete the EA-109 form. If the person requesting protection has legal representation, their attorney will also need to provide their information on the form. This ensures that the court has accurate contact details for all parties involved.
What information is required on the EA-109 form?
The EA-109 form requires several key pieces of information. This includes the full names and addresses of both the person requesting protection and the individual from whom protection is sought. Additionally, the form requires the case number assigned by the court and details about any temporary restraining orders requested.
How is the EA-109 form served to the other party?
The EA-109 form must be personally served to the individual from whom protection is sought. This means that someone who is at least 18 years old and not involved in the case must deliver a court-filed copy of the EA-109 along with other related documents. This service must occur at least five days before the scheduled hearing.
What documents must accompany the EA-109 form?
Along with the EA-109 form, several other documents must be served to the other party. These include the EA-100 (Request for Elder or Dependent Adult Abuse Restraining Orders), EA-110 (Temporary Restraining Order, if granted), EA-120 (Response to Request for Elder or Dependent Adult Abuse Restraining Orders), EA-250 (Proof of Service of Response by Mail), and EA-120-INFO (How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders?).
What happens if the other party is not served in time?
If the individual seeking protection is unable to serve the EA-109 form and related documents in time, they may request an extension. This can be done using Form EA-115, which allows for the court hearing to be postponed and the temporary restraining order to be reissued if necessary.
What should the person receiving the EA-109 form do?
The person receiving the EA-109 form should review the documents carefully. If they wish to respond to the request for orders, they must complete and file Form EA-120. They should also have someone age 18 or older mail it to the person requesting protection. It is crucial to file this response with the court and bring a copy to the hearing.
What can happen at the court hearing?
During the court hearing, the judge will consider the evidence and statements from both parties. The judge has the authority to issue restraining orders that can last up to five years. Additionally, if applicable, the judge may order the individual from whom protection is sought to surrender any firearms they possess.
Are accommodations available for individuals with disabilities?
Yes, accommodations such as assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available. Individuals needing these services must request them at least five days prior to the hearing by contacting the clerk’s office or visiting the California courts website.
Common mistakes
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Incomplete Information: Many individuals fail to provide all necessary details, such as the full names and addresses of both the person requesting protection and the individual from whom protection is sought. This omission can lead to delays in processing the form.
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Incorrect Case Number: Some people mistakenly enter an incorrect case number or leave this field blank. This error can create confusion and may result in the court being unable to locate the relevant case.
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Failure to Serve Documents: It is crucial to properly serve the required documents to the individual named in the form. Neglecting to do this, or not adhering to the specified timeline for service, can jeopardize the case.
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Not Following Up: After submitting the form, individuals often forget to check on the status of their request. Without following up, they may miss important deadlines or hearings, which could adversely affect their case.
Documents used along the form
The California EA-109 form, known as the Notice of Court Hearing, is essential in cases involving elder or dependent adult abuse. Alongside this form, several other documents are commonly used to ensure a comprehensive legal process. Below is a list of these documents with brief descriptions.
- EA-100, Request for Elder or Dependent Adult Abuse Restraining Orders: This form initiates the request for a restraining order. It outlines the reasons for seeking protection and provides details about the elder or dependent adult in need.
- EA-110, Temporary Restraining Order: If granted, this document provides immediate protection to the elder or dependent adult until a court hearing can be held. It sets forth specific terms that the restrained person must follow.
- EA-120, Response to Request for Elder or Dependent Adult Abuse Restraining Orders: This form allows the person being accused to respond to the request for a restraining order. It is important for presenting their side of the case in writing.
- EA-250, Proof of Service of Response by Mail: This form is used to confirm that the response to the request for a restraining order has been properly mailed to the requesting party. It serves as evidence that the other party was notified.
These documents work together to facilitate the legal process surrounding elder and dependent adult abuse cases. Understanding each form's purpose is crucial for anyone involved in such proceedings.
Similar forms
The California EA-109 form, known as the Notice of Court Hearing for Elder or Dependent Adult Abuse Prevention, shares similarities with several other legal documents. Each of these forms serves a specific purpose within the legal process, particularly concerning elder and dependent adult protection. Here are four documents that are comparable to the EA-109 form:
- EA-100: Request for Elder or Dependent Adult Abuse Restraining Orders - This form initiates the process for seeking protection. It outlines the reasons for requesting restraining orders and provides the necessary details about the individual needing protection. Like the EA-109, it is crucial for notifying the court and the involved parties about the need for protective measures.
- EA-110: Temporary Restraining Order - This document is often filed alongside the EA-100 and serves as an immediate protective measure. If granted, it provides temporary relief while the case is pending. Similar to the EA-109, it requires proper service to the individual from whom protection is sought, ensuring they are aware of the ongoing legal proceedings.
- EA-120: Response to Request for Elder or Dependent Adult Abuse Restraining Orders - This form allows the person against whom the restraining order is sought to respond to the allegations. It is similar to the EA-109 in that it plays a critical role in the court process, ensuring that both parties have an opportunity to present their sides before a decision is made.
- EA-250: Proof of Service of Response by Mail - This document verifies that the response to the restraining order request has been properly served to the requesting party. Like the EA-109, it emphasizes the importance of proper notification and documentation within the legal process, ensuring that all parties are informed and can participate in the hearing.
Dos and Don'ts
When filling out the California EA-109 form, it is crucial to adhere to specific guidelines to ensure proper processing. Here is a list of things you should and shouldn't do:
- Do provide complete and accurate information about the elder or dependent adult in need of protection.
- Do include your lawyer's information if you have one; otherwise, provide your own contact details.
- Do ensure that the case number is filled in after the court processes your form.
- Do serve the necessary documents to the person from whom you seek protection at least five days before the hearing.
- Do use the correct forms for serving documents, including EA-100 and EA-110.
- Don't forget to fill out the proof of service form to show that the documents were served.
- Don't attempt to serve the documents yourself; have someone age 18 or older do it.
- Don't leave out any required attachments or supporting documents when submitting the form.
- Don't miss the deadline for requesting accommodations if you need assistance during the hearing.
- Don't ignore the importance of attending the hearing to present your case to the judge.
Misconceptions
- Misconception 1: The EA 109 form is only for individuals with legal representation.
- Misconception 2: The EA 109 form guarantees a restraining order will be granted.
- Misconception 3: The person requesting protection must serve the EA 109 form themselves.
- Misconception 4: The court hearing is optional for the person being served.
This is not true. The form can be used by individuals without a lawyer. Those requesting protection can fill it out themselves, though legal assistance is encouraged for clarity and completeness.
Filing the EA 109 form does not ensure that the court will issue a restraining order. The court must evaluate the evidence and circumstances before making a decision.
This is incorrect. Someone who is at least 18 years old and not involved in the case must serve the form. This ensures that the process remains impartial and fair.
The person in question should attend the hearing. Their presence allows them to respond to the request and present their side of the situation. Failure to attend may result in orders being made without their input.
Key takeaways
When filling out and using the California EA-109 form, there are several important considerations to keep in mind. This form is essential for individuals seeking protection for an elder or dependent adult. Here are key takeaways to ensure proper completion and use:
- Identify the Parties: Clearly provide the full names of both the person requesting protection and the individual from whom protection is sought. This information is crucial for the court to understand the context of the case.
- Provide Accurate Contact Information: Include the address of the person requesting protection. If privacy is a concern, an alternative mailing address may be provided instead of a home address.
- Understand Service Requirements: At least five days before the hearing, someone who is not involved in the case must serve the EA-109 form and other necessary documents to the individual from whom protection is sought. This step is vital for the court to proceed with the hearing.
- Gather Supporting Documents: Along with the EA-109, ensure that all related forms, such as the EA-100 (Request for Restraining Orders) and EA-110 (Temporary Restraining Order), are served. This completeness helps establish the case.
- Prepare for the Hearing: If you wish to respond to the request, complete and file the EA-120 form. Bring a copy to the hearing, as this allows the judge to consider your perspective.
- Request Accommodations if Needed: If you require assistance, such as sign language interpretation or other accommodations, request these services at least five days prior to the hearing. This ensures that all participants can fully engage in the process.
By following these guidelines, individuals can navigate the complexities of the EA-109 form more effectively, ensuring that their requests for protection are clearly communicated and properly handled by the court.