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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.
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