Form Packets – Elder Abuse Restraining Order
FORMS NEEDED TO FILE FOR ELDER OR DEPENDENT ADULT ABUSE RESTRAINING ORDER
|DOWNLOAD IT FROM:
|Can a Restraining Order to Prevent Elder or Dependent Adult Abuse Help Me?
|Request for Elder or Dependent Adult Abuse Restraining Order
|Confidential CLETS Information
|Notice of Court Hearing
|Sup. Ct. 260
|Declaration re: Notice of Ex Parte Application
|Temporary Restraining Order (CLETS-TEA or TEF)
|What is Proof of Personal Service?
|Proof of Personal Service
There is NO filing fee to file these forms.
INSTRUCTIONS FOR ELDER OR DEPENDENT ADULT RESTRAINING ORDERS
Please thoroughly read all of the information for the instructions for filing for an Elder or Dependent Adult Restraining Order.
Note: The employees of the Superior Court are prohibited by law from giving legal advice (Government Code §24004 and §68082).
Submitting Your Forms for Filing
- All information must be completed and all forms must be dated and signed.
- Documents must be typed or neatly hand printed, using blue or black ink only.
- Lined paper or colored paper is not acceptable for filing.
- Submit the original document only. The Court will provide you with a filed-stamped copy after the EARO is entered by the Court.
- If submitting the originals by mail, include a self-addressed stamped envelope (SASE) with adequate postage in order to have your
copies returned to you. Failure to include a SASE will result in your copies being retained at the Courthouse until you personally pick them up. Documents not picked up within 30 days may be destroyed.
- Elder Abuse Restraining Order requests filed before 10:00 a.m. will be ready for pick up at 3:30 p.m. the same day. Requests filed after 10:00 a.m. will be ready for pick up at 3:30 p.m. the following business day . The clerk will inform you is there will be a change in this policy when your papers are filed.
Service of Documents
The Sheriff’s Office may be used for serving your restraining order on the other party. Their hours are 8:00 a.m. to 5:00 p.m., Monday through Friday. Their contact information is (209) 468-4475 and they are located at 7000 North Michael Canlis Boulevard, French Camp, CA 95231. Please call ahead for directions or further information. Their website is www.sjsheriff.org/.
*Effective January 1, 2024, the Sheriff’s Office will require the submission of the new mandatory Judicial Council forms SER-001 Request for Sheriff to Serve Court papers and when applicable, SER-001(A) Special Instructions for Writs and Levies-Attachment, along with the documents needing to be served. Judicial Council forms can be located at www.courts.ca.gov/forms.
All court proceedings are in English. If you require the assistance of an interpreter, you may ask the Court to provide an interpreter by completing and filing Judicial Council form INT-300 – Request for Interpreter at www.courts.ca.gov/documents/int300.pdf.
In the event you are required to serve documents through publication, there is a separate fee for publishing the document in a newspaper. You will need to contact the newspaper for their fee. Click here to download a list of approved newspapers.
- If you need assistance with your paperwork you may go to the Self-Help Center located at 180 East Weber Avenue, Suite #105, Stockton, CA 95202. Online assistance is available at www.sjcourts.org/self-help/self-help-pro-per-clinic/ (response time is three to five days).
- The Lawyer Referral Service may be able to assist you in finding an attorney to help you with any legal questions pertaining to the completion and presentation of the appropriate forms for filing. Their phone number is (209) 948-4620.
- Additional information regarding the Domestic Violence Restraining Order process is located on the California Court’s website at: www.courts.ca.gov/selfhelp-domesticviolence.htm.
- The National Domestic Violence Hotline: (800) 799-SAFE (7233) or www.thehotline.org/.
- San Joaquin County District Attorney’s Victim Witness Office: (209) 468-2500 or www.sjgov.org/da/victim-witness-services.
- PREVAIL formerly known as the Women’s Center of San Joaquin County: (209) 941-2611 or www.womenscenteryfs.org/.
- San Joaquin County Department of Aging and Community services: (209) 468-3785 or www.sjchsa.org/Services/Aging-Community.