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File #: 22-195    Version: 1
Type: Rule/Form Proposal Status: Passed
File created: 10/6/2022 In control: Judicial Council
On agenda: 12/2/2022 Final action: 12/2/2022
Title: Rules and Forms | Protective Orders: Elder Abuse Form Updates to Implement Legislation (Action Required)
Attachments: 1. 20221202-22-195

Title

Title

Rules and Forms | Protective Orders: Elder Abuse Form Updates to Implement Legislation (Action Required)

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Summary

Summary

The Civil and Small Claims Advisory Committee recommends revisions of nine forms to implement statutory changes in Assembly Bill 1243 and Assembly Bill 1621. AB 1243 allows courts to issue findings related to specific debts incurred as the result of financial abuse of an elder or dependent adult. AB 1621 prohibits persons restrained under elder or dependent adult abuse restraining orders from possessing firearm parts (in addition to already prohibited firearms). The proposal incorporates these new statutory provisions into the council’s elder abuse forms and includes updated language concerning interpreters, disability accommodation, and priority of enforcement on the proposed forms.

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Recommendation

Recommendation

The Civil and Small Claims Advisory Committee recommends that the Judicial Council revise the following forms, effective January 1, 2023:

                     Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-100);

                     Can a Restraining Order to Prevent Elder or Dependent Abuse Help Me? (form EA-100-INFO)

                     Notice of Court Hearing (form EA-109);

                     Temporary Restraining Order (form EA-110);

                     Response to Request for Elder or Dependent Adult Abuse Restraining Orders (form EA-120);

                     How Can I Respond to a Request for Elder or Dependent Adult Abuse Restraining Orders? (form EA-120-INFO);

                     Elder or Dependent Adult Abuse Restraining Order After Hearing (form EA-130);

                     Proof of Firearms Turned In, Sold, or Stored (form EA-800), retitled Receipt for Firearms and Firearm Parts; and

                     How Do I Turn In, Sell, or Store My Firearms? (form EA-800), retitled How Do I Turn In, Sell, or Store My Firearms and Firearm Parts?

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