Order Restraining Order After HearingCal. Super. - 6th Dist.March 4, 2019CH 1 30 CiVil Harassment ReStraining Clerk stamps date here when form is filed. ‘ - Order After Hearing Person in ®must complete items®,®, and ® only. CD Protected Person a. Your Full Name: Raj Abhyanker Your Lawyer (ifyou have onefor this case) Name: _ State Bar No.: _ m _- W Firm Name: , v , § . . ‘- , . . . |V- ' «MR b. Your Address (Ifyou have a lawyer, gzvc your lawyer s mformatzon. Ifyou d0 not have a lawyer and want Io keep your home address _ . private, you may give a different mailing address instead. You d0 not SUpenor court Of ca'ifom'a’ county Of - - Santa Clara h t z l h , , - l.ave ogtve e ep one fax. ore max ) 191 N. First Street Address: 1580 W. El Cammo 2819 MAR 2Q P [2' 0'! Fill in court name and street address: - -‘ -»»--~ -- --------- San Jose, CA 951 13 City: Mountain View _ Stalczgfi“'Zip:94040 Civil Courthouse Telephone: 408-398-3126 __“_ Fax: __ _ . E_Mai1 Address: Cour! fills in case number when form is filed. Case Number: ® Restrained Person 19CHOO8608 Full Name: Patrick Owen Benito __ Description: Sex: E M D F Height:5'6" Wcighl:1_5~0#_Date ofBirth: 1979* Hair Color: 1_)_l'a_ck Eye Color: _1L0\\_'L - Age: 40 Race: Hispanic Home Address (ifknown): 1422 Terra Nova Blvd_ City: Pncifica 7__ A_V__ State: CA Zip: Relationshlp lo Protected Person: m_vcggpgllx __ ® E Additional Protected Persons In addition to the person named in@, the following family or household members of that person are protected by the orders indicated below: lfyiLflgmg Sc); Agg Lives with vou? How are they related to you? Sunal Abhyanker _ _71‘__ 50 E Yes D N0 wife Indira Abhyanker t" 1? E Yes E No Child E Check here [flherc arc additional persons: List I/Iem on (m attached sheet ofpaper and write ”Altachment 3- Additional I’rotcclcd Persons " us a title. You may 11.x'cform MC-025, Attachment. ® Expiration Date This Order, exceptfor any award oflauyer'sfees, expires at Time; ll gq E] a.m. M p.m. D midnight on (date): g/Zgj/q If no expiration date is written here, this Ordcr expires three years from the date of issuance. This is-afiourtOrder. ggfigggfiggflgg°flFggngfiéxg°ggfga 9‘” Civil Harassment Restraining Order After Hearing CH4 30v Page 1g igggetedcw Egjedure. §§ 527.6 and 5279 (CLE-l s_CHO) (Civil Harassment Prevention) Case Number: 19CH008608 ® Hearing a. There was a hearing on (date). yifljggglifi at (thug): 9:033:11 in Dept; 1 l Room: (Name Q/judicml officer). IJQELMLOI'QQQI} > _ ___ made the orders at the hearing. b. These people were at the hearing: (1) m The person in@. (3) E] 'l'he luwycr for the person in ® (name): (2) w The PCI'SOU in®- (4) D 'l‘he lawyer for the person in ® (name): D Additional persons present are listed at tho cnd 0f this Order on Attachment 5. C. M The heanng Is contmucd. The pameOthePerstnou‘mrn (date): Z; . I I at (lime)-' I ‘ gDQM- I‘DIQ fix/zflfi/Z The court has granted the orders checked below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent to jai! fer up to one year, pay a fine of up to $1,000, or both. E Personal Conduct Orders a. You must not do the following things to the person named "tn (D E and t0 the other protected persons listed in @2 (1) E Ilarass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal propetty 0f, or disturb the peace 0f the person. (2) E] Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public 0r pnvate mail, by mteroft'lce mall, by e-mail, by text message, by fax, 0r by other electronic means. (3) E Take any action to obtain thc person’s address or location. If this item (3) is not checked, the court has found good cause not tt) make this order. (4) E] Other (specifiz): [j Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful written contact through a lawyer or process server 0r other person for service of legal papers related to a court case is allowed arid does not Violate this Order. ® E Stay-Away Orders a. You must stay at least ____390__ yards away from (clu'ck all that 0pp/y)' (1) E 'l‘he person in Cl) . (7) E 'l‘hc place of child care of the children of (2) E Each person in@. the Person in® - (3) E The home of the person in G) . (8) E The vehicle of the person ind). (4) E The job or workplace ofthe person (‘9) E Other (SpeCZ-fil): in Cl} exception: you must stay at least 10 feet away while (5) D The school of the person in C1). {fifties are at the courthouse. (6) E The school ofthe children ox" the ~ person in (D. b. This stay-away order does not prevent you from going to or from your home or place of employment. his is a Court Order. Civil Harassment Restraining Order After Hearing CH-130, Page 2 of6 (CLETS-CHO) 9 (Civil Harassment Prevention) Revised January 1. 2018 vu- --. Case Number: 19CH008608 0 No Guns or Other Firéarms and Ammunition - - ~a. 1fyou ii ' a You' cannot own, possess, have, buy or try to buy,- receive or try to receive, or in any other way get guns. otliei' firearms, or ammunition ‘ . Within 24 liours of bcmg served.-'w1th this Order, sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any gun's or other firearms 1n your immediate possession 0r control. - File a receipt with the court within 48 hours 'of receiving this Order that proves that your guns or firearms have been turned 1n, sold, _0r stored ':_(You may useform CH-800, Proof ofFirearms Turned In, Sold, or Stored,jbr the receipt.) ' - ' D The court has received information" that you own or possess a firearm. D The court has made the necessary midlnbb and app'iies- the"urearm 1eiin‘quislune11t exemption u11ue1 Code of Civil Procedure section 527.9(f). Uhdcr California law, the person in® ls not required to relinquish this firearm (specify make, model, and serial number 0fflrearm(s)). The firearm m_ust be. 1'11 his. or her- physical possession only during scheduled work hours and during travel to and from hi's or her place of employment. Even if, exempt under Califomia law, the person in® may be subject to federal prosecution for possusmg or controlling a firearm. D Lawyer's Fees and Costs The person in _ must pay to the person in _'_ the folloiving'amounts for‘ D lawyer’s fees I ID "costs: ~ I ‘ . . - ‘ Item. AQOlL - " Item ' ‘ Amount $ ' _ ?- _ ._$' $ ' I . $ D Additional items and amounts arc‘ attaehed at the end of this Order on Attachment 9. .QB Possession and Prote'ction of Animals . a. D The person i1'1 @is given the sole possession, care, and control of the animals listed below, which are b. D The person in® must stay at 1east___ owned possessed, leased, kept, or held by him or her, or reside 1n his or her household. (Identifiz animals by,‘ e g., type, breed, name. color sex.) yards away from, and riot take, sell, transfer, encumber, conceal, molest. attack,strike, threaten, harm, or otherwise dispose 0f, the animals listed above. ® D Other. O_rders (specifiz). D Additional orders a'ré attached at the end of. this Order 011 Attachment 11. ; his __Is 'a1Cburt Order. Refi‘¢“‘“"a'y‘!2°‘5 . Civil Harassment Restraining O'rder After Hearing CH'130- Page 30‘s (CLETS-CH0) I ~ -> (Civil Harassment Prevention) Case Number: 19CH008608 To the Person in 0: ® Mandatoryé‘iit‘iy‘6?"6Ea'eFTn'té’bii’R’P'o'S‘Th‘r‘bugh CLETs This ()rdcr must be entered into the Cal‘it‘omia Rcslraining and Protective Order System (CARPOS) through the California Law Enforcement 'l'clccommunications Syslcm (CLETS). (Check one): a. D The clerk will enter this ()rdcr and its prmf-of-scrvicc form into CARPOS. b. E Thc clerk will transmit this ()rder and its proof-of-service form to a law enforcement agency to be entered into CARPOS. c. D By the close ot‘business on the date that this Order is made, the person in G) or his or her lawyer should deliver a copy 0f the Order and its prool‘-ol‘-scrvicc form to the law enforcement agency listed below to enter into CARPOS: t_am_Q_Q_f_I,_aw_lian:gein_ent Agehey Address (Cigg, State, Zigz D Additional law enforcement agencies arc listed at the end of this Order 0n Attachment 12. ® Service of Order on Restrained Person a. w The person int?) personally attended the hearing. No other proof of service is needed. b. a 'l‘he persoit in C2) did'hot attend the hearings (l) El Prool'of service 0f form CH- l 10, 'l'cn'zpormy Restraining Order, was presented to the coutt. The judge’s orders in this form arc the same as in form CH-l 10 except for the expiration date. The person in (2) must be served with this Order. Scwicc may bc by mail. (2) D The judge's orders in this form arc different from the temporary restraining orders in form CH-l 10. Someone -- but not anyone in®or Q3 must personally serve a copy 0f this Order on the person in ®. w E No Fee to Serve (Notify) Restrained Person The sheriff 0r marshal will serve this Order without charge because: a. El The Order is based o'n unlawful violence, a credible threat of violence, 0r stalking. b. D The person in G) is entitled to a fee waiver. ® Number 0f pages attached to this Order, if any: W" _ _ / r/ Date: March 29, 2019 f‘ , A i 7 ___.. .r_ C ~ I m judicial Officer i This is a Court Order. Civil Harassment Restraining Order After Hearing CH'130s Page 4 0‘5 (CLETs-CHO) -> (Civil Harassment Prevention) Judge Carol Overtor Revised January 1. 2018 Case Number: 19CH008608 You Cannot Have Guns o'r Firearms x Unless item 8d ls checked, you c_a_'nnot own, have, posses's, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunitiOn while this 01’er ls in effect. If yo'u do, you can go to jail and pay a $1,000 fine. You _must sell to or stoic with a licensed gun dealer, oi tum in to a law enforcement agency, any guns or other firearms that -_ y0u have or control as stated in it'erri .r above. The Conn will require you to prove that you did 's"o. Enforcing ‘thé. Restraining Order .. This Order ls enforCeabIe by any l'aw enforcement jigcncy that has received the Order, ls shown a 'copy of the Order, or has verified- its existence on the California Restraining and Protective Order System (CARPOS). If the law enforcement agency has n_ot received proof of- service on the restrained pe1_son a_nd the restrained person was no't present at the court healing, the’ agency must advise the restrained persdn 0f the terms of the Order and then must enforce it. Violations of this Or'de'r arc subj cct to criminal penalties. ‘ Start Date and End Dat'e of Orders " i. 'This Order starts on the date next to the judge’ s signature on page 4 and ends on the expiration date 1n item@on page 1 Arrest Required If Order ls Viola‘ted If an officei has probable cause to believe that the restrained person had notice of the order and has disobeyed it, the officer must arrest the restrained person. (Pen Code, §§ 836(c)(1), 13701(b).) A violation of the order may be a violation of Penal _Code section 166 0r 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof of Service ‘ The l_aw enforcement ageiiCy imist iir'st determine if the restrained person had notice of the order. Consider the restrained . perSOn “served” (given notice) i'f_(Peli. Code, § 836(c)(2)): The oliicer secs a-copy of the ProofofSewice‘ or confirms that the ProofofService'is on file; or 'I-‘he rest‘iaincd person was.at the restraining order hearing or was’ informed of the order by an officer. An officer _ca__n obtain- informatioii about the contents 'of the order and proof of service in CARPOS. If proof of service on the restrained 'peisOn caiin'otrbe "ye'rified'and the restrained person was not present at the couit hearing, the agency must advise the restrained person of the terms of the order andthen enforcc it. .lf the P'rotec‘ted Person Contacts the Restrained PersOn Even if the protected nelson invites or_ conserits to contact with the re§trained person, this Order remains in effect and must be- enforced. The protected person cannot be_ anested for inviting or consenting to contact with the restrained person. The orders ean be changed only by another court order. (P'en. Code, §.13710(b). ) Revisemmm- 2°“ Civil Harassment Restraining Order After Hearing CH-130- Page 5 0‘6 (CLETs CHO) -> (Civil Harassment Prevention) Case Number: - . 19CH008608 ~ ”n: J'W- -'..-.' -'. -:.-:.~u . ,___.._'l‘ 5 r ..- 4-..- x. . .- m. . . .;,_ _‘ _ h f. " ’ ?Cle'éiéwmfizzaa; mm) "' "Clerk's Certlf'cate._ far» m Revised Japgjéry CH4 30, Page 6 of 5 Attachment #3 Additional Profécie‘d Perspif-is 03/29/19 . 1 9CH008608 ' " . ' Abhyanker vs. Benito A T __ _ - . - W Name Sex Age Hémselgp‘ld Member Relation to Protected‘Person ' ».-. Arthi Abhyanker . F 12 ' ve's child
