For help in your area, contact:
[Local information may be inserted.]
Will I see the person who asked for the
order at the court hearing?
Can I bring a witness to the court hearing?
What if I don't speak English?
When you file your papers, ask the clerk if a court
interpreter is available. You may have to pay a fee for
the interpreter. If an interpreter is not available for your
court date, bring someone to interpret for you. You
should ask someone age 18 or older to interpret for you.
Do I need a lawyer?
Having a lawyer is always a good idea, but it is not
required, and you are not entitled to a free court-
appointed attorney. Ask the court clerk about free and
low-cost legal services and self-help centers in your
county.
What if I have a gun?
If a restraining order is issued, unless the order is to
prevent financial abuse only, you cannot own, possess,
or have a gun, other firearm, or ammunition while the
order is in effect. If you have a gun or other firearm in
your immediate possession or control, you must sell it to
or store it with a licensed gun dealer or turn it in to a law
enforcement agency.
Can I agree with the protected person to
cancel the order?
Yes. Assume that the person who is asking for the order
will attend the hearing. Do not talk to him or her unless
the judge or that person’s attorney says that you can.
Yes. You can bring witnesses or documents that support
your case to the hearing. But if possible, you should also
bring the witnesses’ written statements of what they saw
or heard. Their statements must be made under penalty
of perjury. You can use Form MC-030 for this.
If the court issued a temporary restraining order before
the hearing, it will last until your hearing date. At that
time, the court will decide to continue or cancel the
order. Any order issued at the hearing can last for up to
five years.
How long does the order last?
No. Once the order is issued, only the judge can change
or cancel it. You or the protected person would have to
file a request with the court to cancel the order.
What if I am deaf or hard of hearing?
Assistive listening systems, computer-
assisted real-time captioning, or sign
language interpreter services are
available if you ask at least five court
days before the hearing. Contact the
clerk’s office or go to
www.courts.ca.gov/forms for Request
for Accommodations by Persons with
Disabilities and Response (Form
MC-410). (Civ. Code, § 54.8.)
How Can I Respond to a Request for Elder or
Dependent Adult Abuse Restraining Orders?
(Elder or Dependent Adult Abuse Prevention)
Revised July 1, 2014
EA-120-INFO, Page 2 of 2
How Can I Respond to a Request for Elder or
Dependent Adult Abuse Restraining Orders?
EA-120-INFO
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