Order Temporary Restraining OrderCal. Super. - 6th Dist.January 4, 2021CH-1 1 o Temporary Restraining Order Clerk stamps dam here when form is filed. P513121: m (E must mmp/clc ilwm®§$<1nd® only. jgfigary 4’ 2021 Protected Person Q M (KW Clerk of the Courta. Your Full Name: \V 9d. v ‘ Superior Court of CAx ‘ \ Your Lawyer (Ifyuu have oncfbr [hi5 case): County Of Santa Clara Name: State Bar No: 21 CH009792 Firm Name: By: knguyen b. Your Address (lfyou have a Iauycr, giwyour lawyer's infomuuion. [fyou do no! have a lauyer and mm! 14) keep your Immc address F/II in court name and street address: priralc, you muy give a d(fl'crcnl mailing address insmd You do nu! Superior Court of California. County of have lo give rclcxhonc, u, 0r e-mu Santa Clarai .).' Address: A Civil Division C. H \ vv\\ x Mflk a I Z _ 191 North Firs!Strcct1t>- m e- _ ‘P'___ SanJose. CA 951 13 Telephone: Fax: E-Mail Address: Coun fins m case number when roan is filed. Restrained erso 0 ca‘é’amb“® FullNamc: ‘ SVHfl‘QIB CH009792 Description: ‘ \ A Sexzfi M 1’ Height: S Wei ’ht: l Q“ 5kg Dal ofBinh: * at F, ‘ e ,. , Hair Color: iyc olnr: ' Age: ace: L W I hHome. dress (ifknou‘n): QQ g \OVZVb 04'“ v1 A N‘_\)\m City: WN\MM/ A A A Q State: Zip: [4 VW Relationship to Prolccteh Person: YWW’] (L Q y Q! , fl Additional Protected Persons U In addition t0 the person named in® lhc following family 0r household members of (hm person arc protected by the temporary orders indicated bclow: ‘ Fu N'me A Sex z gc Household Member? Relaxionto Protected Pcrsnn \I W) Qvfi' CM» IVE, a mg No 1 fl» D ch No v ' D Yes D No D Yes D No D Check here ifthcre are additional persons. List them on an attached sheet ofpaper and u‘rire "Atmchmen! 3- Additional Protected Persons " as a title. You may uscform MC-025. Anachment. The coun will complclu Ihc res! 0fthisfom1.® Expiration Date This Order expires a! the end oflhe hearing scheduledfor the date and time below: Date: Time: D am. D pm. This is a Court Order. mfifgw “1;““W Temporary Restraining Order (CLETS-TCH) CH-110. Page 1 0'6 ooadowmcm.5552'6w5279 (Civil Harassmem Prevention) '9W Dy DOJ Case Number: -2109009792 To the Person inez The court has granted the temporary orders checked as granted belo“. lfyou do not obey these orders, you can be arrested and charged “ith a crime. You may be sent t0 jail for up to one year, pay a fine of up to $1,000, or both. Personal Conduct Orders D NotRequested Denied Untilthe Hearing D Granted as Follows: a, You must not do thc following things lo the person named in® fi and to the other protected persons listed in C3): (l) g Harass. intimidate, molest. attack, strike, stalk. xhrcalcn. assault (sexually or otherwise). hit, abuse.dcslruy personal property of. or disturb [he peace ofthc person. (3) Contact thc person, cithcr directly or indirectly. in any way. including. but not limited to, in person. by telephone, in writing. by public or pmatc mail. by interofficc mail, by c.mail. by text message. by fax. or by other electronic means. (3) g Take any action to obtain the person's address or location Iflhis item (3) is not checked, the coun has found good cause not Io make this order. (4) D Other (specifi‘): D Other personal conduct orders arc attached at the end of this Order on Attachment 5a(4). . Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a coun case is allowed and docs not violate: this order. Howe» cr, you may have your papers served by mail on the person in G) Stay-Away Order D NotRequested m Denied Untllthe Hearing D Granted as Follows: a. You mus! slay at least SS) D yards away from (chuck all (ha! apply): (l) MUIC person in ® (7) D The place ofchild care ofthc children of (2) D Each person in© [he Person i“ (D (3) D The home ofthc person in® (S)X The vehicle oflhe person in ® (4) U :Ihcjob or workplace OfIhc person (9) E Other (Specify):m® U (5) D The school ofthe person in ® AND m Mufmfi - (6) U The school ofthe children ofthc person in b. This stay-away order does not prevent you from going t0 or from your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own. possess. have. buy 0r try to buy. receive 0r try t0 receive, or in any other way get guns, other firmrms, or ammunition. b. You must: (l) 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 0r comm] ‘I'his must be done within 24 hours ofbcing served with this Order. This is a Court Order. M W‘S-n‘g Temporary Restraining Order (CLETS-TCH) CH-110. P3902 0'6 (Civil Harassment Prevention) '9 Case5U bar: CH009792 (2) File a receipt with the court within 48 hours ofrccciving this Order that proves that your guns or firearms have been turned in. sold, 0r stored. (You may mvjbrm CH-SOO, Proof 0f Firearms Turned In, Sold, or Stored,f0r the receipt.) c D The court has received information that you own or possess a firearm. o Possession and Protection of Animals K Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® ls given the sole possession care and control of the animals listed below which are 0wncd, possessed leased kept or held by l'um or her or reside m his or hefi household l (haltié qnimal: by. fig. hm. breed. name. color. scx.) _ \ n ‘ l lvfl . A h _ J _ E "I t . ' ' L ‘YA‘ . II.\.l n: I \ , - . . b. D lhc person in®mu£¥tayat (ast (mm: mm; nun. and not lake sill, tmfifer,venRxmbcr comald t n x k thr t h f, th J A h moles a ack, s n e - “ea en am] or (Wlemisixdispwsco eaniwalslisled pboxcn A nfloA I A Io VV [V \' VV"I\ V‘ 3‘ fl’nt- U S J® OtherOrders fi\ .wm- "a a ' \n'. R NetRequesmd D Denied unt'lthe Heanng D Granted as Follows (specify): D Additional orders arc attached at the end ofthis Order 0n Attachment 9. To the Person ino: . Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Rest:3min" and Protccme Order Svstem (CARPOS) through the California Law Enforcement Telecommunications S) stem (CLETS) (Check one): a. D The clerk will enter this Order and its proof-of-scrvicc form into CARPOS. b. The clerk will transmit this Order and its proof-of-scrvice form to a law enforcement agency to be entered into CARPOS. c. U By the close of business on the date that this Order is made, the person in (D or his or her 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: D Additional law enforcemem agencies arc listed at [he end ofthis Order on Attachment 10. This is a Court Order. R" W‘s‘m Temporary Restraining Order (CLETS-TCH) CH-110» P3963“ (Civil Harassment Prevention) 9 Case Number: ® No Fee to Serve (Notify) Restrained Person D Ordered m Not Ordered The sheriff or marshal will serve this Order without charge because: a. D The Order is based on unlawful violence, a credible threat ofviolcncc, or stalking. b. D The person in @s entitled lo a fee waiver. Signed: 1/4/2021 01:55 PM ® Number of pages attached to this Order, if any: Daze: 1-4-2021 CWU{ Wagon Julian! 017.7w1' CAROL OVERTON Warnings and Notices to the Restrained Person in0 You Cannot Have Guns or Firearms You cannot own. have, possess, buy or try to buy, receixe or try to rcccivc, or othemisc get guns, other firearms, or ammunition while this Order is in effect. Ifyou do, you can go tojail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or turn in to a law cn forcemcm agency. any guns or other fireanns that you have or control as stated in item (7) above. The coun will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order 1f you have been personally served with this Temporary Rcstraining Order and form CH-109, Notice ofCourt Hearing, but you do not appear m the hearing either in person or by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing. a copy of the order will be served on you by mail at the address in item®. lfthis address is not correct or you wish to verify that the Temporary Restraining Order was convened into a restraining order at the hearing w ilhout substantix e change. or to find out the duration of the order, contact the clcrk ofthc court. After You Have Been Served With a Restraining Order ° Obey all the orders. ° Read form CH-120-INFO, How Can I Respond to a Raqucsrfur Civil [{urassmem Restraining Orclersf’. to [cam how to respond to this Order. - If you want to respond, fill out form CH-IZO. Response lo Requcsrjbr Civil Harassment Restraining Orders, and file it with the court clerk. You do not have to pay any fee t0 file your response if the Request claims that you inflicted or threatened violence against or stalked the person i110). - You must have form CH-IZO served by mail on the person in @or that person‘s attorney. You cannot do this yourself. The person who docs the mailing should complete and sign form CH-250. ProofofSen'ice ofResponse by Mail. File the completed proof of service with the coun clerk before the hearing date or bring it with you to the hearing. - In addition to the response, you may file and have declarations served. signed by you and other persons who have personal knowledge of the facts. You may use form MC-OSO. Declaration, for this purpose. I! is available from thc clerk‘s office at the court shown on page 1 of this form or ax “mr.courts.cagor/forms. If you do not know how to prepare a declaration, you should see a lawyer. This is a Court Order R" MW?” Temporary Restraining Order (CLETS-TCH) CH-110. P3904“ (Civil Harassment Prevention) 9 szumm o o 9 7 9 2 ' Whether or not you file a response. you should attend the hearing. If y0u have any witnesses. they must also go to the hearing. ° At the hearing. thc judge can make restraining orders agains! you that last for up to fivc years. Tell the judge why you disagree with the orders requested. 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 thc California Restraining and Protective Orders System (CARPOS). lt‘thc law enforcement agency has not received proof of service 0n lhc restrained person. lhc agency must advise [he restrained person of the terms of the order and then must enforce it. Violations of this order arc subject l0 criminal penalties. Start Date and End Date of Orders This order starts on thc datc next t0 the judge's signature on page 4. T11: order ends on the expiration date in item® on page l. Arrest Required if Order Is Violated . If an officer has probable cause to believe that thc restrained pcrson had notice of the ordcr and has disobeyed the order. the officer must arrcsx the restrained person. (Pcn. Code. §§ S36(c)( 1 ), 13701 (b).) A violation ofthc order may be a violation ochnal Code section 166 or 273,6. Agencies arc encouraged to enter violation messages into CARPOS. NoticeIProof of Service 111C law enforcement agency must first determine if lhc restrained person had notice of the order. Consider the restrained person "served" (given notice) if(Pen. Code. § 836(c)(2)): ° The officer secs a copy ofthc Proofof Service or confirms (ha! the ProofofSen'ice is on file; or ' The restrained person was informed of the order by an officer. An officer can obtain information about the contents of the ordcr and proof of service in CARPOS. prroofof service on the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents to contact with thc restrained person, [his order remains in effect and must be enforced. The protected person cannot bc arrested for inviting or consenting to contact with the restrained person. The order can be changed only by another court order. (Pen. Code, § l3710(b)4) This is a Court Order R" “W" ‘5 ”'9 Temporary Restraining Order (CLETS-TCH) CH-110. Pa9e50'6 (Civil Harassment Prevention) 9 Case Number: 2ICH00979L 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. Codc. §§ 6383(hx2). 6405(b)): l. EPO; If one of the orders is an Emergency Prowcu'w Order (foml EPO-OOl ) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. No Comac! Order: If there is no EPO. a no-contact order that is included in a restraining or protective order has precedence over any other reszmining or protective order. 3. Criminal Order: If none 0f 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, Juvcnile, 0r Civil Order: lfmore than one family. juvenile, or other civil restraining 0r protective order has been issued, the one that was issued last must be enforced. SJ (Clark willfill out tlu‘s part.) Clerk's Cenificme -Clerk's Certificate- {Sml/ Icertify that this Tcmpomn' Rcstmining Order is a true and correct copy of thc original on file in the court. Date: Clerk, by . Deputy This is a Court Order. R" WtW-m‘9 Temporary Restraining Order (CLETS-TCH) CH-110. Pa9e6of6 (Civil Harassment Prevention)
