Order Restraining Order After Hearing

Cal. Super. - 6th Dist.May 6, 2019

Envelope: 4672784 Workplace Violence Restraining Clerk stamps date here when form is riled. Order After Hearing G) Petitioner (Employer) C2) C3) a- Name: San Jose Police Officers' Association Lawyer for Petitioner (ifany, for this case) Name: Matthew Taylor State Bar No.2264551 Firm Name: Messing Adam & Jasmine LLP b. Your Address (Ifyou have a lawyer, give your lawyer’s information.) Address: 235 Montgomery Street, Suite 828 Fill in court name and streetaddress: City: San Francisco State: CA Zip: 94104 Superior Court of Callfornla, County of T I l . Fa I _ - Santa Clara C CPjonc- 415-266-1900 X- 415.266-1 128 191 N_ First Street E'Mall AddreSSI matthew@mailabor.com San Jose, CA 951 13 Employee (PreteCted Person) Court fills in case number when form is filed. Full Name: Joanne Segovia Case Number: _ 19CHOO8735 Respondent (Restrained Person) F1111 N81116: Nicholas Aaron Robinson Description Sex: M D F Height: 5'8" Weight: 200 Date ofBirth: 4/25/1987 Hair Color: Brown Eye Color: Brown Age: 33 Race: Caucasian Home Address (sznown): 1717 Everglade Avenue City: San Jose State: CA Zip: 95123 Relationship to Employee: None D Additional Protected Persons In addition to the student, the following family or household members or other students are protected by the temporary orders indicated below: Full Name m _A_g§ Household Member? Relation to emplovee Maryanne Barbiarz F 64 D Yes N0 Subordinate Nicole Decker F 32 D Yes E N0 Subordinate PaulKelly M 50 D Yes E NO Supervisor Additional protected persons are listed at the end of this Order on Attachment 4. Expiration Date This Order, exceptfor any award oflawyer’sfees, expires at Date: October 28. 2020 Time: 11159 D am. U p.111. If n0 expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. $i?§:Li::3:"nfiFiéiizi"iigm¥2fy°éfifgfi”°" Workplace Violence WV-130’ Page 1 °f6 C d fC' 'IP d . 527.8 (1527.9 ' ' ' Agpfojedfi'yog’je “M a" Restraining Order After Hearing (CLETS-WHO) -> (Workplace Violence Prevention) Filed July 30, 2020 County of Santa Clara Superior Court of CA Clerk of the Court 19CH008735 By: knguyen Case Number: 190H008735 G) Hearing a. There was a hearing on (date): ,QZQBJQQZO at (time): 2:00 D,m, in Dept: 11 Room: (Name ofjua’icial oflicer): Hon, Carol Overton made the orders at the hearing. b. These people were at the hearing: (1) D The petitioner/employer (name).- (2) The lawyer for the petitioner/employer (name): Matthew Tavlor (3) D The employee (4) D The lawyer for the employee (name): (5) The respondent (6) D The lawyer for the respondent (name): D Additional persons present are listed at the end of this Order on Attachment 6b. c. E The hearing is continued. The parties must return t0 court on (date): 10/28/2020 at (time): 1:30 gm. . 0-11 To the Respondent: 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 jail for up to one year, pay a fine of up to $1,000, or both. ® Personal Conduct Orders You are ordered not do the following things to the employeea. and to the other protected persons listed in@z (1) Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or disturb the peace of the person. (2) Commit acts 0f violence or make threats of violence against the person. (3) Follow or stalk the person during work hours or to 0r from the place 0f work. (4) Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. (5) Enter the person’s workplace. (6) Take any action to obtain the person’s address or locations. If this item is not checked, the court has found good cause not to make this order. (7) Other (specifiz): D Other personal conduct orders are attached at the end of this Order on Attachment 7a(7). InterferP with in anv way work being performed hy Pfh'h'nner‘q Hated employeec in any location, b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. Revised Jam“! 1v 2°15 Workplace Violence WV-13°~ Page 2 0f 6 Restraining Order After Hearing (CLETS-WHO) 9 (Workplace Violence Prevention) 19CH008735 Case Number: Stay-Away Orders a. You must stay at least 100 yards away from (check all that apply): (1) E The employee. (7) D The employee’s children’s place of child care. (2) Each other protected person listed in@. (8) E The employee’s vehicle. (3) The employee’s workplace. (9) D Other (specifiz): (4) The employee’s home. (5) D The employee’s school. (6) D The employee’s children’s school. b. This stay-away order does not prevent you from going to or from your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. b. If you have not already done so, you must: ( 1) Sell to or store with a licensed gun dealer or tum in to a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done Within 24 hours of being served With this Order. (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns have been turned in, sold, or stored. (You may useform WV-800, Proof of Firearms Turned In, Sold, or Stored,for the receipt.) c. D The court has received information that you own or possess a firearm. d. D The court has made the necessary findings and applies the firearm relinquishment exemption under Code of Civil Procedure section 527.9(0. Under California law, the respondent is not required to relinquish this firearm (specifi/ make, model, and serial number offirearm(s)): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the respondent may be subject to federal prosecution for possessing or controlling a firearm. D Costs You must pay the following amounts for costs to the petitioner: Item Amount Item Amount $ $ $ $ $ $ D Additional amounts are attached at the end of this Order on Attachment 10. This is a Court Order. Revised January 1. 2018 Workplace Violence WV-130, Page 3 Of6 Restraining Order After Hearing (CLETS-WHO) 9 (Workplace Violence Prevention) 19CH008735 x x Carol Overton Case Number: ® D Other Orders (specify): ® Revised January 1, 2016 Workplace Violence D Additional orders are attached at the end 0f this Order on Attachment 11. To‘ffi’e'Persofi'ifiW : Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-sewice form into CARPOS. b. D The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS. c. D By the close ofbusiness on the date that this Order is made, the petitioner or the petitioner’s lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agencv Address (Cm; State, Zia) D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. Service of Order on Respondent a. D The respondent personally attended the hearing. No other proof of service is needed. b. D The respondent did not attend the hearing. (1) D Proof 0f service of form WV-l 10, Temporary Restraining Order, was presented to the court. The judge’s orders in this form are the same as in form WV-l 10 except for the expiration date. The respondent must be served with this Order. Service may be by mail. (2) D The judge’s orders in this form are different from the temporary restraining orders in form WV-l 10. Someone-but not the petitioner or anyone protected by this order-must personally serve a copy of this Order on the respondent. No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because the Order is based on a credible threat of Violence or stalking. Number ofpages attached t0 this Order, if any: Date: ’ Judicial Officer This is a Court Order. WV-130, Page 4 of 6 Restraining Order After Hearing (CLETS-WHO) ‘9 (Workplace Violence Prevention) Signed: 7/30/2020 08:54 AM 7-30-2020 19CH008735 Case Number: arning and Notice to the Respondent: You Cannot Have Guns or Firearms Unless item 9d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control as stated in item@. The court will require you to prove that you did so. Instructions for Law Enforcement Enforcing the Restraining Order This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Restraining and Protective Order System (CARPOS). Agencies are encouraged to enter violation messages into CARPOS. If the law enforcement agency has not received proof of service 0n the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person 0f the terms of the Ordcr and then must enforce it. Violations of this Order are subj ect to criminal penalties. Start Date and End Date of Orders This Order starts on the date next to the judge’s signature on page 4 and ends on the expiration date in item© on page 1. If the Protected Person Contacts the Restrained Person Even ifthe protected person invites or consents to contact with the restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 13710(b).) Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code, § 136.2, Fam. Code, §§ 6383(h)(2), 6405(b).) 1. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOl) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. 2. No Contact Order: If there is n0 EPO, a no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family, Juvenile, 0r Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. This is a Court Order. Revised Januaw 1, 2018 Workplace Violence WV-1 30, Page 5 Ofe Restraining Order After Hearing (CLETS-WHO) ‘9 (Workplace Violence Prevention) 19CH008735 Case Number: Clerk’s Certificate (Clerk willfill out this part.) [seal] -C|erk's Certificate- I certify that this Workplace Violence Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. Revised January 1, 201B Workplace Violence Restraining Order After Hearing (CLETS-WHO) (Workplace Violence Prevention) WV-130, Page 6 of6 Form WV-130, Workplace Violence Restraining Order After Hearing Regarding Nicholas Aaron Robinson (Person To Be Restrained) Attachment 4 - Additional Protected Persons Relation to Full Name fl Ag; Household Member Employee Sean Pritchard M 48 No Supervisor Franco Vado M 48 No Co-worker Steve Slack M 46 No Co-worker Keith Cottrell M 56 No Subordinate Steve Wilson M 51 No Subordinate Wes Bower M 23 No Subordinate