shc-585-i were you served with an elder or dependent adult ... - elder abuse ro … · if you also...

SHC-585-I

Rev. 8/14/2020

Please turn over for important information

Were You Served with anElder or Dependent Adult Abuse Restraining

Order?Step 1 Complete the following forms in blue or black ink:

EA-120 Response to Request for Elder or Dependent Adult Abuse Restraining Orders

MC-025 Additional page (only if you need more space to tell your side of the story)

Step 2 Review: Bring your completed forms to the Restraining Order Help Center at 201 N.

First Street, San Jose to have them reviewed to make sure they are filled out correctly.

Step 3 Make 4 copies in addition to the original.1 copy – for your records1 copy – to be served onto the Protected Party1 copy – to give to the judge at the hearing just in case they don’t have your original yet1 copy – to give to the Protected Party at the hearing in case they didn’t get your served copy

Step 3 File: Turn in your forms and copies into the Calendar Office, Room 104 in the

Courthouse located at:191 North First Street, San Jose, CA 95113

The Clerk’s Office opens at 8:30am Monday-Friday, closing times are subject to change, visitwww.scscourt.org or call 408-882-2100 for current office hours.

The clerk will file stamp the copies and return them to you.

Step 4 Service: After the filed copies are returned to you:

Keep for your records—1 filed copy

Serve: At least 2 calendar days before the court date serve 1 filed copy of yourResponse by mail on the other person. “Service by mail” means someone, NOT YOU,who is at least 18 years old must mail the filed copy to the other person.

Whoever does the service must complete the attached Proof of Service by Mail (EA-141) and give it back to you. File the original and a copy of this form at the Clerk’sOffice. The clerk will file stamp the copy and give it back to you.

Step 5 What happens next: Go to your court hearing to present your side of the case. Bring 3 copies of your filed Response and Proof of Service forms to court with you—

one for the other side, one for the Judge and one for you.

SHC-585-I

Rev. 8/14/2020

WHAT IS A RESTRAINING ORDER?A restraining order is issued to protect a person or persons from someone they claim is physically,emotionally or financially abusing them or threatening to abuse them or when there is a pattern ofharassing behavior. When a restraining order is filed, the Judge reads what the other party (theperson who filed) asks for and either grants or denies their request for temporary orders and sets ahearing date. These orders are in effect only until the Court hearing. The Judge can make PersonalConduct orders (you cannot call, write, contact or harass the other party) or Stay-Away orders (youhave to stay a certain distance away from the protected person and specific places). They can alsomake other orders they think will help keep the protected person(s) safe.

HOW DO I TELL MY SIDE OF THE STORY?First, read the orders very carefully and be sure to obey the orders until the hearing. Then, youshould file a Response so that the Judge has your side of the story, whether or not you agree with theother party’s statement. If you do not file a Response, the Judge will only have the other party’s sidein writing. Also, if you do not file a Response, the Judge may not let you talk in court. If you alsohave a criminal case involving an incident with the other party, talk to your criminal defense attorneybefore you file your Response.

WHAT IF I DID NOT GET SERVED IN TIME OR WANT TO HIRE ANATTORNEY?

At the court hearing you may ask for a continuance (a rescheduled hearing) to have more time to hirean attorney and/or write up and file a Response. If the other party has an attorney, you can contacttheir attorney before the hearing date to ask for a continuance. If you and the attorney agree to acontinuance then you can both come to court on your hearing date and tell the Judge. If you do notagree you will have to ask the Judge for a continuance. If the Judge gives you a continuance, all theorder s/he made will usually remain in place until the next hearing date.

HOW CAN I GET MORE INFORMATION?

There are a few ways that you can get more information: hire an attorney (Please note: we cannot help people who have attorneys.); go online to the state’s website, (http://courts.ca.gov/selfhelp); or Santa Clara County Superior

Court’s website at www.scscourt.org use legal self-help websites and books visit our Restraining Order Help Center in the courthouse located at the address shown

below. Visit www.scscourt.org to learn about the Centers’ hours.

Superior Court, County of Santa ClaraRestraining Order Help Center

201 N. First Street, San Jose, CA 95113

VISIT US ONLINE:

www.scscourt.orgwww.courts.ca.gov/selfhelp

EMAIL US:

www.scscourt.orgclick “Self-Help” then click “Contact

the Self-Help Center”

CALL US:

408-882-2926

�

�

�

�

Information For You� ��

�

The following will give

you information on what

to expect, what you need

to do, and how to turn in

any firearms and

ammunition.��

Do I have to serve the other person with acopy of my response?

Should I go to the court hearing?

The person who serves the form by mail must fill out

Form EA-250, Proof of Service of Response by Mail.

Have the person who did the mailing sign the original.

Take the completed form back to the court clerk or

bring it with you to the hearing.

Yes. Have someone age 18 or older—not you—mail a

copy of completed Form EA-120 to the person who

asked for the order (or that person’s lawyer). (This is

called “service by mail.”)

Yes. You should go to court on the date listed on Form

EA-109, Notice of Court Hearing. If you do not go to

the hearing, the judge can make orders against you

without hearing from you.

How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders?

(Elder or Dependent Adult Abuse Prevention)

Judicial Council of California, www.courts.ca.gov

Revised July 1, 2014, Optional Form

Welfare and Institutions Code, § 15657.03

EA-120-INFO, Page 1 of 2


EA-120-INFO

What is an elder or dependent adult abuse restraining order?

What does the order do?

Not contact the person who is protected by the order

Stay away from that person and the person’s home

and workplace

Not have any guns as long as the order is in effect

•

•

•

• Move out of the place where you and that person

are living together

Who can ask for a restraining order?

What if I don't obey the order?

What if I don't agree with what the ordersays?You still must obey the order until the hearing. If you

disagree with the orders the person is asking for, fill out

Form EA-120, Response to Request for Elder and

Dependent Adult Abuse Restraining Orders, before your

hearing date and file it with the court. If you need to

include attachments, you can use Form MC-025. You

can get the forms from legal publishers or on the Internet

at www.courts.ca.gov. You also may be able to find

them at your local courthouse or county law library.

It is a court order that prohibits you from doing certain

things and going certain places.

A person who is being:

The court can order you to:

The police can arrest you. You can go to jail and pay a

fine.

I've been served with a request for elder or dependent adult abuse restraining orders. What do I do now? Read the papers served on you very carefully. The

Notice of Court Hearing tells you when to appear in

court. There may also be a Temporary Restraining

Order forbidding you from doing certain things. You

must obey the order until the hearing.

Harmed

Deprived by a

caregiver of goods or

services necessary to

live on

Financially abused

Neglected

Abandoned or abducted

Isolated

•

•

•

•

•

A conservator may seek an order on behalf of an elder

or dependent adult.

•

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.)



Revised July 1, 2014 EA-120-INFO, Page 2 of 2


EA-120-INFO

EA-800-INFO, Page 1 of 1Judicial Council of California, www.courts.ca.gov

Rev. July 1, 2014, Optional FormHow Do I Turn In, Sell, or Store My Firearms?

(Elder or Dependent Adult AbusePrevention)

What is a firearm?

• Rifle

• Shotgun

• Assault weapon

• Handgun

A firearm is a:

1

If you own or have a firearm you must:

• Sell it to a licensed firearms dealer, or

2

• Store it with a licensed firearms dealer

How do I sell or store my firearm?

Look under “Firearms Dealers” in your local Yellow Pages or on the Internet. Make sure the dealer is licensed.

Find a California licensed firearms dealer in your area. 3

If I turn my firearm in to law enforcement, how long will they keep it?

Ask the law enforcement agency.5

After I give my firearm to law enforcement, can I change my mind?

Yes. You are allowed to make one sale through a licensed gun

dealer. To do this, a licensed gun dealer must present a bill of

sale to your local law enforcement agency. The law

enforcement agency will give the licensed gun dealer the

firearm you are selling.

6

Do I have to pay the law enforcement agency to keep my firearm?

You may have to pay the agency for keeping your firearm.

Contact your local law enforcement agency and ask if a fee is

charged. The agency will tell you how much you need to pay.

7

Call your local law enforcement agency:

(Insert local information here.)

Questions?8

How do I take my firearm to law enforcement?

Call your local law enforcement agency to ask about their procedures. Take a copy of the restraining order with you.

Go directly to the law enforcement agency. Do not go anywhere else with firearms in your vehicle!

4

EA-800-INFO How Do I Turn In, Sell, or Store My Firearms?

• Turn it in to local law enforcement

ATTACHMENT FM-1047

FM-1047 REV 1/01/08 HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION Page 1 of 2

Here are the non-emergency phone numbers.

Campbell Police Dept (408) 866-2101, 866-2102

Gilroy Police Dept. (408) 846-0300

Los Altos Police Dept. (650) 947-2779

Los Gatos/Monte Sereno Police Dept.(408) 354-8600

Milpitas Police Dept. (408) 586-2400

Morgan Hill Police Dept. (408) 779-2101

Mountain View Police Dept. (650) 903-6344

Palo Alto Police Dept. (650) 329-2406

San José Police Dept 311 or (408) 277-8900

San José State Univ. Police Dept (408) 924-2185

Santa Clara County Sheriff’s Office (408) 808-4400

Santa Clara Police Dept. (408) 615-4700

Stanford Univ. Dept. of Public Safety (650) 723-9633

Sunnyvale Dept. of Public Safety (408) 730-7110

SUPERIOR COURT OF CALIFORNIACOUNTY OF SANTA CLARA

How to Safely Turn In Firearms and Ammunition

Important! You must call BEFORE you bring firearms or ammunition to a law enforcement agency. Youhave 24 hours from the time you received the restraining order or protective order to call. Follow thesteps below.

1 Call the Santa Clara County Sheriff’sDepartment or the Police Departmentwhere you live. Tell them you have arestraining or criminal protective order andyou need to turn in your firearm(s) andammunition.

2 The law enforcement agency will explainwhere and how to turn in your firearm(s)and ammunition. Some agencies ask youto make two trips: one for the firearm(s)and one for the ammunition. Follow theirinstructions carefully.

3 Law enforcement may ask for:a description of you and your car,your ID, and

Do not call 911.Call your local police departmentor the Santa Clara County

Sheriff’s Office.

your court order.

Follow these Safety Instructions:

Your firearm(s) must be unloaded.

Place the firearm in your trunk, and lock your trunk. If you do not have a trunk, lock your firearm in acontainer and put it in the back of your vehicle out of arm’s reach. Do NOT put it in your glovecompartment! (Calif.Penal Code§ 12026.1(a))

Drive straight to the law enforcement agency. Do not stop anywhere else.

Park your car where the agency told you to park.

Call the agency when you get there. They will tell you what to do. If you do not have a cell phone,leave the firearm in your car and go inside and ask for instructions.

If you want to have your firearms and ammunition destroyed:Follow the safety instructions above. The agency will also ask you to sign a paper that gives thempermission to destroy your firearm(s) and ammunition.

If your firearms are antiques or collector’s items:When you turn in your firearm(s), tell the agency how they should be stored. Some agencies may not beable to follow your storage instructions.

You have 24 hours to turn in (or sell) your firearms and ammunition.If the court ordered you to “relinquish” your firearms and ammunition, you have only 24 hours to do so.If you decide to sell them, you must sell them to a federally licensed gun dealer. Look in the YellowPages or online under “Firearms Dealers.” Be sure that the firearm dealer is federally licensed.

ATTACHMENT FM-1047

FM-1047 REV 1/01/08 HOW TO SAFELY TURN IN FIREARMS AND AMMUNITION Page 2 of 2

Questions About Safely Turning In Firearms and AmmunitionThis information will answer your questions about turning in firearms.

If you have other questions, call your local police department. (See other side.)

What is a firearm?Firearms include:

handguns and pistols,rifles and shotguns,black powder firearms and muzzle-loadingfirearms,assault weapons, andany weapon that sends a projectile through abarrel and the weapon’s frame or receiver.

How do I turn in my firearms and ammunition?You have 2 options:You can call your local police department or theSanta Clara County Sheriff’s Office and askfor instructions, or

You can sell them to a federally licensed gundealer. Look in the Yellow Pages or onlineunder “Firearms Dealers.”

How long do I have to turn in my firearms andammunition?If the court ordered you to “relinquish” yourfirearms and ammunition, you only have 24hours from the time that you received therestraining order or criminal protective order.

What if I was ordered to turn in firearms andammunition on a weekend, can I get morethan 24 hours?No. You only have 24 hours. Law enforcement isavailable 24/7. See other side for instructions.

Can I turn in my firearms and ammunitionnow, and sell them later?Yes. You can have one sale of the firearms andammunition. You must use a federally licensedgun dealer for the sale. The gun dealer will givethe law enforcement agency a bill of sale for thefirearms and/or ammunition. If the paperwork iscorrect, the law enforcement agency will turn overthe guns and/or ammunition to the gun dealer.

What happens if my firearms have not beenregistered?It depends. Not all firearms have to be registered.But, if you did not register a weapon that had tobe registered, you may have committed a crime.Talk to a lawyer as soon as possible.

How long will law enforcement keep myfirearms and ammunition?Usually they keep the firearms and ammunitionuntil your restraining or protective order ends. Ifthey cannot keep them for the whole period, theywill let you know in writing so you can make otherarrangements.

Do I have to pay law enforcement to keep myfirearms and ammunition?Maybe. Each agency has its own policy. They willtell you about any fees when you turn them in.They will also let you know in writing if their feeschange.

Can a law enforcement officer take myfirearms and ammunition from me?Yes. If you are involved in domestic violence, theofficer can take away your firearms andammunition. (Calif. Family Code, § 6389(c)(2))

Can I get my firearms back from lawenforcement after the court order ends?Yes, if you are legally allowed to have a firearm.Fill out a Law Enforcement Gun Release (LEGR)Application and send it to the CaliforniaDepartment of Justice. You can get theapplication at: http://ag.ca.gov/firearms/forms.You will also have to pay a fee ($20 for the firstfirearm and $3 for each additional firearm).

The Department of Justice will send you a noticewithin 4-6 weeks to tell you if you are eligible topossess a weapon again. If you are eligible, takethat notice to the law enforcement agency whereyour firearm(s) and ammunition are stored within30 days of the date on the notice. If you wait morethan 30 days, you will have to submit anotherapplication.

Where can I get more information?You can:

Call your local law enforcement agency, orRead the law (Calif. Penal Code §§ 12001and 6389).Contact an attorney.

�

��

��

EA Response�

��

��

�

Response to Request for Elder orEA-120

Clerk stamps date here when form is filed.

1 Elder or Dependent Adult Seeking Protection

Your Name:

2

Your Lawyer (if you have one for this case)

Name:

Fill in court name and street address:

Superior Court of California, County of

Court fills in case number when form is filed.

Case Number:

Present your response and any opposition at the

3 Personal Conduct Orders

a. I agree to the orders requested.

HearingDate

Date: Time:

b.

Dept.: Room:

c.

If you were served with a Temporary

4 Stay-Away Orders


b.

c.

Judicial Council of California, www.courts.ca.govEA-120, Page 1 of 4

Fill out this form and take it to the court clerk.

1

Read How Can I Respond to a Request for Elder or Dependent Adult Abuse

Restraining Orders? (form EA-120-INFO) to protect your rights.

Use this form to respond to the Request (form EA-100)

Have someone age 18 or older—not you—serve the person requesting

(Use form EA-250, Proof of Service of Response by Mail.)

protection in

3

by mail with a copy of this form and any attached pages.

Name:

Person From Whom Protection Is Sought

State Bar No.:

Firm Name:

a.

b. Your Address (If you have a lawyer, give your lawyer'sinformation. If you do not have a lawyer and want to keepyour home address private, you may give a different mailingaddress instead. You do not have to give telephone, fax, ore-mail.)

Address:

City: State: Zip:

3 here:

Telephone: Fax:

E-Mail Address:

Dependent Adult AbuseRestraining Orders

person named in item of the request (form EA-100).)

hearing. Write your hearing date, time, and place

from form EA-109 item

hearing. At the hearing, the court may make

orders against you that last for up to five years.

Restraining Order, you must obey it until the

Name of person asking for the protection, if different (This is the

Revised January 1, 2018, Mandatory Form Response to Request for Elderor Dependent Adult Abuse Restraining Orders


Welfare & Institutions Code, § 15657.03

I do not agree to the orders requested. (Specify why you disagree in item on page 4.)12

I agree to the following orders (specify below or in item on page 4):12



jcoon

TextBox

Santa Clara 201 North First Street 191 North First Street (Mailing Only) San Jose, CA 95113 Family Justice Center Courthouse

jcoon

TextBox

X

jcoon

TextBox

Self-Represented

jcoon

TextBox

Self-Represented

Case Number:

7 Guns or Other Firearms and Ammunition

If you were served with form EA-110, Temporary Restraining Order, you cannot own or possess any guns,

8

a.

c.

I do not own or control any guns or firearms.

I have turned in my guns and firearms to the police or sold them to or stored them with a licensed gun dealer.

A copy of the receipt is attached. has already been filed with the court.

8 Possession and Protection of Animals


b.

c.

5 Move-Out Orders

a.

b.

I agree to the orders requested.

Revised January 1, 2018EA-120, Page 2 of 4Response to Request for Elder

or Dependent Adult Abuse Restraining Orders(Elder or Dependent Adult Abuse Prevention)

6

a.

b.

Additional Protected Persons

I agree that the persons listed in item

I do not agree that the persons listed in item

6

6 of form EA-100 may be protected by the order requested.

of form EA-100 may be protected by the order requested.

c.

of form EA-110.) You must sell to or store with a licensed gunother firearms, or ammunition. (See item

dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or

control within 24 hours of being served with form EA-110. You must file a receipt with the court. You may

use form EA-800, Proof of Firearms Turned In, Sold, or Stored for the receipt.



b. I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f) becausecarrying a firearm is a condition of my employment, and my employer is unable to reassign me to anotherposition where a firearm is unnecessary. (Explain):

Check here if there is not enough space below for your answer. Put your complete answer on an attachedsheet of paper and write “Attachment 7b—Firearms Surrender Exemption” as a title. You may use formMC-025, Attachment.



Revised January 1, 2018EA-120, Page 3 of 4

Case Number:

Response to Request for Elderor Dependent Adult Abuse Restraining Orders


11 Justification or Excuse

If I did some or all of the things that the person infor the following reasons (explain):

1 has accused me of, my actions were justified or excused

Check here if there is not enough space below for your answer. Put your complete answer on an attached sheetof paper and write “Attachment 11–Justification or Excuse” as a title. You may use form MC-025, Attachment.

b. I do not agree to the orders requested. (Specify why you disagree in item

c. I agree to the following orders (specify below or in item

Denial10

I did not do anything described in item .)of form EA-100. (Skip to10 12


Other Orders9

on page 4.)12

on page 4):12

Explain your answers to each order requested that you do not agree with.

Check here if there is not enough space below for your answer. Put your complete answer on an attached sheetof paper and write “Attachment 12—Reasons I Disagree” as a title. You may use form MC-025, Attachment.

Item Amount Item Amount

$ $

$ $

$ $

Check here if there are more items. Put the items and amounts on the attached sheet of paper and write“Attachment 13—Lawyer’s Fees and Costs” for a title. You may use form MC-025, Attachment.

b. that I pay his or her1I ask the court to deny the request of the person asking for protection named inlawyer’s fees and costs.

Number of pages attached to this form, if any:14

Date:

Lawyer’s name (if any) Lawyer’s signature

I declare under penalty of perjury under the laws of the State of California that the information above and on

all attachments is true and correct.

Date:

Type or print your name Sign your name

Lawyer's Fees and Costs13

a. I ask the court to order payment of my lawyer’s fees court costs. The amounts requested are:

Reasons I Do Not Agree to the Orders Requested12

Case Number:

Revised January 1, 2018EA-120,Response to Request for Elder

or Dependent Adult Abuse Restraining Orders(Elder or Dependent Adult Abuse Prevention)

Page 4 of 4

jcoon

TextBox

Self-Represented

jcoon

TextBox

Self-Represented

jcoon

TextBox

Self-Represented

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

��

�� !"�� #$%�� $��&�!"��"'!(�$��!"�$"&�)�*��'�$(��

��

�� #$%��$+�)��, �&�-��$"+�.,&�/�$*��!,"/�*�'!(��!(�$"+�!��(�#$#�(�'�*�&�-��/!,(�0� ��

1!(��##(!2�&�)+�� 3��.,&�/�$*��!,"/�*�!'��$*�'!("�$

��4��5 �-�.$",$(+��3��6 �� !��#��!"$*�1!(�

��

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

"""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""

loram

TextBox

ATTACHMENT 10 - JUSTIFICATION OR EXCUSE

Signature of law enforcement agent

If the court has ordered you to turn in, sell, or store your firearms, you may use this form to prove to the court that

you have obeyed its orders. When you deliver your unloaded weapons, ask the law enforcement officer or the

licensed gun dealer to complete item or and item . After the form is signed, file it with the court clerk.

Keep a copy for yourself. For help, read Form CH-800-INFO, How Do I Turn in, Sell, or Store My Firearms?

To Law Enforcement 5

Fill out items and of this form. Keep a

copy and give the original to the person who sold

you the firearms or stored them with you.

Fill out items and of this form. Keep a

copy and give the original to the person who

turned in the firearms.

The firearms listed in wereThe firearms listed in were turned in on:

To:To:

I declare under penalty of perjury under the laws

of the State of California that the information

above is true and correct.

I declare under penalty of perjury under the laws

of the State of California that the information

above is true and correct.

EA-800, Page 1 of 2Proof of Firearms Turned In, Sold, or Stored (Elder or Dependent Adult Abuse Prevention)


Revised July 1, 2014, Optional Form

Code of Civil Procedure, § 527.9,

Penal Code § 29830

3

4

4 5

EA-800Proof of Firearms Turned In, Sold, or Stored

64 6

6

5

6

6

1 Protected Person

2 Restrained Person

To the Restrained Person:

Your Lawyer (if you have one for this case):

Your Address (If you have a lawyer, give your lawyer’s information.

If you do not have a lawyer and want to keep your home address

private, you may give a different mailing address instead. You do not

have to give telephone, fax, or e-mail.):

a.

b.

Name and title of law enforcement agent

Name:

Your Name:

Name: State Bar No.:




Court fills in case number when form is filed.

Case Number:

Firm Name:

Address:

City: State: Zip:

Telephone: Fax:

Date: at: a.m. p.m.Date: at: a.m. p.m.

Name of law enforcement agency

Address

Name of licensed gun dealer

License number Telephone

E-Mail Address:

To Licensed Gun Dealer

Address

Signature of gun dealer

sold to me transferred to me for storage on:

jcoon

TextBox


jcoon

TextBox

Self-Represented

jcoon

TextBox

Self-Represented

I filed a Proof of Firearms Turned In, Sold, or Stored for those firearms with the court on (date):

I am filing the proof for those firearms along with this proof.

I have not yet filed the proof for the other firearms. (Explain why not):

Revised July 1, 2014 EA-800, Page 2 of 2

Firearms

Do you have, own, possess, or control any other firearms besides the firearms listed in ?

If you answered yes, have you turned in, sold, or stored those other firearms?

If yes, check one of the boxes below:

I declare under penalty of perjury under the laws of the State of California that the information above is true and

correct.

6

7 6

Serial NumberModel

b.

c.

d.

e.

Make

a.

b.

c.

a.

Check here if you turned in, sold, or stored more firearms. Attach a sheet of paper and write “EA-800,

Item 6—Firearms Turned In, Sold, or Stored” for a title. Include make, model, and serial number of each

firearm. You may use Form MC-025, Attachment.

Yes No

Yes No

Check here if there is not enough space below for your answer. Put your complete answer on

the attached sheet of paper or Form MC-025 and write “Attachment 7c” for a title.

Case Number:

Date:

Type or print your name Sign your name

Proof of Firearms Turned In, Sold, or Stored (Elder or Dependent Adult Abuse Prevention)

Proof of Service

The next form is a Proof of Service by Mail form—DO NOT FILLIT OUT. It is for your server to fill out after they serve the otherside by mail with a copy of your filed forms.

EA-250, Page 1 of 1Proof of Service of Response by Mail(Elder or Dependent Adult Abuse Prevention)

EA-250 Proof of Service of Response by Mail


Rev. January 1, 2012, Optional Form

Welfare & Institutions Code, § 15657.03

The server must:

Notice to Server

I am 18 years of age or older and not a party to this proceeding. I live or am employed in the county where the

mailing took place. I mailed the person in a copy of all documents checked below:

Form EA-120, Response to Request for Elder or Dependent Adult Abuse Restraining Orders (completed)

I declare under penalty of perjury under the laws of the State of California that the information above is true and

correct.

Other (specify):


PROOF OF SERVICE BY MAIL

3

4

1



Case Number:

Fill in case number:

Server’s Information

Name:

Address:

Zip:State:City:

Telephone:

(If you are a registered process server):

Registration number:County of registration:

6

Date:

Type or print server’s name Server to sign here

Name:

1

2 Person From Whom Protection Is Sought

Your Name:

Elder or Dependent Adult Seeking Protection

b.

a.

5

Be 18 years of age or older.

Mail a copy of all documents

checked in to the person in .

Complete and sign this form and give

it to the person in .

•

•

•

14

2

Be a resident of or employed in the

county where the mailing took place.

•

Not be listed in items , , or of

Form EA-100.• 1 3 6

I placed copies of the documents checked above in a sealed envelope and mailed them as described below:

Zip:State:City:

Mailed to (name):

On (date): Mailed from: City: State:

To this address:

a.

c.

b.

jcoon

TextBox


shc-585-i were you served with an elder or dependent adult ... - elder abuse ro … · if you also...

Documents