Order ProposedCal. Super. - 6th Dist.January 4, 2021Envelope: 58931 56 CH 130 Civil Harassment Restraining Clemszampsdatehem when fomsfi,“ - Order After Hearing ® Person in (1) must complete items®,®, and® only. Protected Person a. Your Full Name: JUVENAL CHAVEZ Your Lawyer (t_‘fyou have onefor this case) Name: GEORGE C. KASOLAS State Bar No.2 52519 Firm Name: LAW OFFICE OF GEORGE C. KASOLAS b. Your Address (lfyou have a lawyer, giveyour lawyer 's information. Ifyou d0 not have a lawyer and want t0 keep your home address private, you may give a diflérent mailing address instead You do not Fill in court name and street address: Superlor Court of California. County of have to give telephone, fax. or e-mail.) SANTA CLARA Address: l190 SOUTH BASCOM AVENUE SUITE 213 191 NORTH FIRST STREET City: SAN JOSE State:CA Zip: 95128 SAN JOSE CA 95‘ ' '3 Telephone: 408-998-9000 Fax: E-Mail Address: GCKASOLAS@GMAIL.COM Com fills in case number when form is Med Restrained Person Case Number: Full Name: RAFAEL YEPEZ 2101009794 Description: Sex: E M D F Height: 6'5 Weight: 250 Date ofBirth: 02/07/1987 Hair Color: BLACK Eye Color: BROWN Age: 33 Race: HISPANIC Home Address (ifknown): 6916 ARLENE DRIVE City: WINTON State: CA Zip: 95388 Relationship to Protected Person: NEPIIEW BY MARRIAGE E Additional Protected Persons In addition to thc person named in@, thc following family or household members of that pcrson arc protected by the orders indicated below: FullName $_e_x Ag; Livgg with xgu? Howa e relat u" MARIA CHAVEZ F 60 E Yes D No WlFE EDGAR CHAVEZ M 30 E Yes D No SON D Yes D N0 D Yes D No D Check here ifthere are additional persons. List them 0n an attached sheet ofpaper and wrile “Attachment 3- Addilional Protected Persons " as a title. You may uscform MC-025, Attachment. Expiration Date This Order, exceptfor any award oflawyer’s fees, expires at Time;__- D a.m. D p.m. D midnighton (date): lf no expiration date is written here, this Order cxpircs three years from the date of issuance. his is a Court Order. aflfagfgfg‘g'ggfm,mmmg°v Civil Harassment Restraining Order After Hearing CH-130. Page 1 0'6 gzdproosgctsggjedumfifllsandSfig (CLETS_CHO) 9 (Clvll Harassment Prevention) Case Number: 2 1CH009794 Heaflng a. There was a hearing on (date): 02/23/2021 at (time): 2:00 PM in Dept; 4 Room: (Name ofjudicial officer): COMMISSIONER ERICK JOHNSON made the orders at the hearing, b. These people were at the hearing: (1) E The person in®. (3) E Thc lawyer for thc person in ® (name): ATTY. GEORGE C. KASOLAS (2) D The Person in®~ (4) D The lawyer forthe person in ® (name): D Additional persons present are listed at the end of this Ordcr on Attachment 5. c. D The hearing is continued. The panics must rctum 10 court 0n (date): at (time): o the Person in 0: 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. ® E Personal Conduct Orders a. You must not do the following things to the person named in ® E and t0 the other protected persons listed in ©z (l) E Harass, intimidate. molest. attack. strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of 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 private mail, by interoffice mail, by c-mail, by text message, by fax, or by other electronic means. (3) D Take any action to obtain the person‘s address or location. If this item (3) is not checked, the court has found good cause not lo make this order. (4) D Other (specify): D 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 scrvcr or other person for service of legal papers related to a court case is allowed and does not violate this Order. ® E Stay-Away Orders a. You must stay at least 300 yards away from (check all that apply): (l) IE The person in (D . (7) D The place of child care ofthe children of (2) E Each person in@. the Person ind) - (3) E The home ofthe person in® . (8) E The vehicle ofthe person in@. (4) E The job or workplace of the person (9) E Other (specify); in®. PLACE OF BUSINESS OF PROTECTED PERSONS (5) D The school ofthe person in G) (l) AND (3) (6) U The school ofthe children ofthe person in (D. b. This stay-away order does not prevent you from going lo 0r from your home or place of employment. his is a Court Order. R" “m" 151°” Civil Harassment Restraining Order After Hearing CH-130’ P399 2 0'5 (CLETS-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CH009794 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 havc not already done so, you must: . Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, 0r turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. o File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been tumed in. sold, or stored. (You may useform CH-800, Proof of Firearms Turned In, Sold, or Stored. jbr 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 person in® is not required to relinquish this firearm (specifv make, model, and serial number offirearma»: 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 person in® may be subject to federal prosecution for possessing or controlling a firearm. D Lawyer's Fees and Costs The person in __ must pay to the person in _ the following amounts for D lawyer’s fees D costs: Itgm Amount Ite Amount S S $ $ D Additional items and amounts are attached at the end of this Order on Attachment 9. U Possession and Protection of Animals a. D The person in @is given the sole possession. care. and control ofthe animals listed below, which are owned. possessed, leased, kept. or held by him or her, or reside in his or her household. (Identifi' animals by, e.g., type, breed, name, color, sex.) b. D The person in® must stay at least yards away from, and not take. sell, transfer, encumber. conceal, molest, attack, strike, threaten. harm, or otherwise dispose of, the animals listed above. ® D Other Orders (specifv): D Additional orders are attached at the cnd ofthis Order 0n Attachment l 1. his is a Court Order. R" ”3"“ ”1°19 Civil Harassment Restraining Order After Hearing CH-130» P399 3 0f 6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CH009794 o the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Califomia 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-service form into CARPOS. b. D The clerk will transmit this Order and its proof-of-service form t0 a law enforcement agency to be entered into CARPOS. c. D By thc closc of business on thc date that this Order is madc, thc person in® or his or hcr 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 0f Law Enforcement Aggncx MflSflJ/Lfiflelipi Santa Clara County Sheriff's Office 55 Younger Avenue San Jose Ca 95 l 10 Merccd County Sherifl‘s Office 700 W. 22nd St, Merced California 95340 D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. D The person in® personally attended the hearing. No other proof of service is needed. b. E The person in® did not attend the hearing. (1) E Proof of service of form CH-l 10, Temporary Restraining Order. was presented to the court. The judge's orders in this fom1 are the same as in form CH-l 10 except for the expiration date. The person in ® 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 CH-l 10. Someone-but not anyone in® or @-must personally serve a copy of this Order on the person in® E No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. E The Order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in® is entitled to a fee waiver. ® Number of pages attached to this Order, if any: Date: FEBRUARY , 2021 Judicial Officer his is a Court Order. Civil Harassment Restraining Order After Hearing CH'130v P3994 0'6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev. March 15, 2019 Case Number: 2 l CH009794 arning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item 8d is checked, you cannot own, have, possess, buy 0r try to buy, receive or try to receive, or otherwise 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 scll 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 above. The court will require you to prove that you did so. Instructions for Law Enforcemen- Enforcing the Restraining Order This Order is enforceable by any law en forcement agency that has received the Order, is shown a copy of the Order, or has verified its existence on the California Restraining and Protective Ordcr System (CARPOS). [f the law enforcement agency has not received proof of service on the restrained person. and the restrained person was not present at the court hearing. the agency must advise the restrained person 0fthe terms ofthe Order and then must enforce it. Violations of this Order are subject t0 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 l. Arrest Required If Order ls Violated If an officer 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)( | ), l3701(b).) A violation of the order may be a violation of Penal Code section I66 or 273.6. Agencies arc encouraged to cntcr violation messages into CARPOS. NoticelProof of Service Thc law cnforccmcm agency must first determine if thc restrained person had notice of thc ordcr. Consider thc restrained person “served" (given notice) if(Pen. Code, § 836(c)(2)): Thc officer secs a copy of the ProofofService or confirms that thc ProofofService is on filc; 0r ' The restrained person was at the restraining order hearing or was informed of the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. [f proof of service on the restrained person cannot be verified and the restrained person was not present at the court hearing. 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 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. § I37 l 0(b).) his is a Court Order. R" Mm" ‘5- 2°” Civil Harassment Restraining Order After Hearing CH4“: Page 5 0'5 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 lCHOO9794 Conflicting Orders-Priorities of 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).) l. EPO: 1f one of the orders is an Emergency Protective Order (form EPO-OOI) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. 2. No-Contact Order: Ifthere is no 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 onc family. juvenile, or other civil restraining or protective order has been issued, thc one that was issued last must bc enforced. Clerk 's Certificate (Clerk willfill out this part.) [seal] -Clerk's Certificate- I cenify that this Civil Harassnwn! Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: C lcrk. by , Deputy his is a Court Order. R‘V-“m'” ““9 Civil Harassment Restraining Order After Hearing CH-130: Page 6 0'5 (CLETs-CHO) (Civil Harassment Prevention) | Prim fl'lls fonhl | Save this form]