Court Services Division's homepage Case Inquiry DVROS Confirmation Civil Process Vehicle Inspection Court Security Frequently asked questions Court Location How are we doing? Helpful internet links Search Search
 
 
 
NOTICE OF HEARING AND TEMPORARY RESTRAINING ORDER
(ELDER ABUSE)
  Previous Form - Next Form 

 

Court Document required Request for Elder or Dependent Adult Abuse Restraining Order (form EA-100) (file-stamped); Notice of Hearing (form EA-109) (file-stamped); Temporary Restraining Order (form EA-110)(file stamped) IF GRANTED; blank Response to Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-120); Blank Proof of Service of Response by Mail (form EA-250); How Can I Respond to a Request for Elder or Dependent Abuse Restraining Orders (form EA-120-INFO); and any applicable attachments.
Purpose of Process Notifies the defendant of a hearing concerning various issues and restrains certain activities and conduct of the defendant until the hearing
Sheriff's Instructions Provide the name and address of the person to be served; list all documents to be served. Must be signed and dated by the plaintiff's attorney, or the plaintiff if the plaintiff doesn't have an attorney
Time for Service The NOH/TRO must be served at least five days before the hearing, unless shortened by the court
Manner of Service Personal Service
Fee Deposit None
Fee $40 (Paid through the Superior Court), $35 if Not Found, and $40 if canceled
Proof of Service If service is made, a proof of service is sent to court and notice of service is mailed to the petitioner. If service is not made, the NOH/TRO and a certificate of not found/no service explaining the reason for non-service are mailed to the petitioner.
Information Guide
Checklist
Sheriff's Instructions
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Information Guide

In an elder and dependent adult abuse case, the court can issue orders to protect people from being harassed by others. The plaintiff may file a petition with the court and obtain a notice of hearing (NOH) and temporary restraining order (TRO) upon a showing of reasonable proof of harassment by the defendant and great or irreparable harm threatened to the plaintiff. The NOH/TRO is a notice of motion advising the defendant to appear at a hearing to determine whether a permanent injunction prohibiting harassment should be issued. The temporary restraining order (TRO) restrains the defendant from certain activities and types of conduct for a limited period of time. The NOH and TRO should be given to the Sheriff without delay because any restraining orders must be entered in the California Restraining and Protective Order System (CARPOS-- formerly DVROS).

The NOH and TRO must be served at least five days before the hearing date unless the time is shortened by the court. At the request of the petitioner, the Sheriff will serve the NOH and TRO without a fee deposit. If the NOH and TRO are served by someone other than the Sheriff, the proof of service must be filed with the court. The respondent is subject to immediate arrest for violating the court's orders if CARPOS indicates the NOH and TRO have been served.

The Sheriff accords a very high priority to restraining orders where violence is threatened. The first attempt to serve is made no later than two business days after receipt. Up to three attempts are made to serve the NOH and TRO including one night-time attempt after 6:00 p.m. (unless the defendant cannot be found at the address in the evening.) If the NOH and TRO are served, the Sheriff will mail a proof of service to the court and plaintiff. If service is not made, the NOH and TRO and a certificate of not found/no service detailing the reasons for non-service will be mailed to the plaintiff. If the defendant appears to be evading service, the plaintiff may wish to consider using a friend or relative over the age of 18 or hiring a registered process server who can devote more time to effect service.

  Back to top

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
Checklist
  • Form EA-100 Request for Elder or Dependent Adult Abuse Restraining Orders (file-stamped)
  • Form EA-109 Notice of Hearing (file stamped)
  • Form EA-110 Temporary Restraining Order (file stamped) IFGRANTED
  • Form EA-120 Response to Request for Elder or Dependent Adult Abuse Restraining Orders (blank form)
  • Form EA-250 Proof of Service of Response by mail (blank form)
  • Form EA-120-INFO How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders?
  • Any applicable attachments
  • Sheriff’s Instructions

Back to top