Recently updated on April 9th, 2024 at 12:20 am
Create and File for your Elder/Disabled Abuse Restraining Order (EARO) Online
This is a free website for victims of elder/disabled abuse and their loved ones, to prepare and file for the Elder/Disabled Abuse Restraining Order (EARO).
Victims of elder/disabled abuse can get a restraining order formally called a EARO against their abuser.
The website breaks down the process into a series of friendly questionnaires, with helpful explanations from lawyers and court officials. Once you complete the questionnaires, you can either file electronically OR download forms and instructions for filing at your local court.
An elder or dependent adult abuse restraining order (EARO) can be filed to protect someone who is elderly or a dependent adult.
An EARO is given in situations where someone who is 65 or older or a dependent adult can ask for protection for themself. Others can also ask for a restraining order to protect an elder or dependent adult if they are the elder or dependent adult's conservator or trustee, their attorney or guardian ad litem, or a representative of the county adult protective services agency.
Abuse can be emotional or physical. It can happen anywhere, including online. Abuse can happen in different ways, including someone stopping you from accessing money or basic needs, or isolating you from friends or family.
How it Works - Video Overview
A short video that outlines how you can prepare your official EARO court forms (also known as a packet). Then file it at the local Superior Court.
Elder/Disabled Abuse is abuse or threats of abuse from a spouse, family member, intimate partner, co-parent, or someone you live with.
When you start preparing your case on this website, you will be presented with a screening first which will just help you decide that your situation is not completely unrelated.
Ultimately it depends on the court to issue you a restraining order.
This step involves answering a range of questionnaires on the person you need protection from, and the overall situation. These questionnaires just present the same questions which are on the court forms, in a more friendly way. After you complete the questionnaires your responses are populated in the court forms which are ready for filing.
Unless you file with the court, the entire process is confidential which only you know about. So its a good idea to go through the questionnaires in case you're just exploring.
Filing your case documents with the court is the first step. This is the first step to begin the official process.
The specific office within the court system is called the Office of the Clerk. Typically you go to the Superior Court or family justice center in your county.
A clerk will review your case files and accept the documents. They may give you a case number so you can use it a reference number for future.
A judge reviews your paperwork and determines whether a temporary order is to be granted until the hearing.
In case the judge rejects your case, then your case ends here.
In case the judge grants your request, a hearing is set. And for the window between now and the hearing, a temporary restraining order is issued with immediate effect.
The clerk will now provide you with the court forms to deliver to the other party against whom you're filing the restraining order. These inform the respondent to appear for the upcoming court hearing.
The Proof of Service form (form code is DV-200) needs to be filled by the person who delivered the documents to the respondent. And then filed with the court.
This is a required step for the hearing to be held on time.
A hearing is a court session where the judge sees the case facts and evidence to determine whether to grant an order.
A judge may issue the restraining order. This is typically done on DV-130.
The restraining order needs to be delivered to the respondent. This is to prove that they have been made aware.
Again the proof of service has to be filed.
This website provides a guided experience to people who are working themselves on preparing the court forms for a Domestic Violence Restraining Order.
1. Take Screening
Start with the Online Screening which will step you through a few questions to then suggest whether your situation is suitable for a Domestic Violence Restraining Order.
2. Prepare Documents
Prepare the main set of your court documents by covering one topic at a time. Each topic offers questions in simple and non-legal language. Just do your best and in case you need help you can get reach out for help just with a few clicks.
3. Consult Advocate (Optional)
In case you are filing against someone you had an intimate relationship with, you can consult with an advocate. The advocate can assist you with certain aspects of the case. They can review your case documents, and talk to you directly to discuss your case.
4. Submit to Court
Submit the paperwork to begin the legal process. You can do that by either printing and visiting the court or directly E-filing from this website.
How do restraining orders help?
1. Reduce Violence
Civil protective orders (such as a DVRO) are effective in reducing partner violence for many women. For half the women in the sample, a protective order stopped the violence. For the other half, the orders significantly reduced violence and abuse.
2. Cost Effective
They are a relatively low-cost solution, particularly when compared with the social and personal costs of partner violence.
3. Urban vs. Rural
The impact of civil protective orders on reducing violence and abuse did not differ for rural and urban women. In rural areas where resources and services for partner violence may be more limited, it is critical to reduce barriers to obtaining protective orders as research indicates they may be an effective resource. Community-level barriers to enforce civil protective orders exist for women in rural areas.
When you pass the screening and complete the questionnaires, you can then download the following standard court forms filled correctly with your information. These court forms are provided by the California Courts and used across courts in Canada for DVRO.
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Request for Elder or Dependent Adult Abuse Restraining Order - EA-100
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Temporary Restraining Order - EA-110
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Description of Abuse - DV-101
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Notice of Court Hearing - EA-109
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Confidential CLETS Information - CLETS-001
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Elder or Dependent Adult Abuse Restraining Order After Hearing - EA-130
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Response to Request for Elder or Dependent Adult Abuse Restraining Orders - EA-120
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Proof of Firearms Turned In, Sold, or Stored - EA-800
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Request to Continue Court Hearing - EA-115
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Order on Request to Continue Hearing - EA-116
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Proof of Personal Service (CLETS) - EA-200
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Request for Interpreter (RI-IN007)
