Order Temporary Restraining OrderCal. Super. - 6th Dist.January 5, 2021CH-1 10 Temporary Restraining Order C'e'ks'am95da'e h“ "”"m’sm . Filed P 'r.‘ m m m mm! "um )1 't 7 1mm 1 , , and 3 on’v.V ‘ ‘“ ©® O - March7,2022 Protected Person . . Clerk of the Court a. Your Full Name: Am ‘q 7° Sf, CUMbb superior Court of CA Your Lawyer (ifyou have onejbr this case): COUnty Of Santa Clara Name: Slate Bar No.2 21 CH009796 Firm Name: By: knguyen b. Your Address (Ifyou have a lauycr, give your lawyer‘s information. Ifyou do m)! have a lauyer and wan! m keep your home address Frll in ooun name and street addess: privuh’, yuu may give a diflen’n! mailing address inslmd. You d0 n0! superior coun of California, county of hm'c l0 give Iclcphone, flu. 0r e-mail.): Santa Clara Address: 18w? (:umwau bm CivilDivision I91 North First Street City: §Am [9%, Stale: QA- Zipzqu q San Jose, CA 95] l3 Telephone: HOS 12‘3-SQOQ Fax: E-Mail Address: Or“wmm Qmm“ (M Com fillsin case number when Iormls filed.J Restrained Person ca" ”mm" ’7 7 ® FullNamc: Judm Mldrmd MmAum 210a“ ()qu (0 Description: Sex: m M D F Height: gl‘lfl Weight: | QS Datc ofBinh: (0/ ‘1] lqmo Hair Color: El a; k Eye Color: Hald Age: $1 Race: Eh e“ n o Home Address (:f/mown): 3 3Q 2 CK“and bruglé (,qu City: SAfl 3W UStaIe: ('a Zip: ng t Relationshiplol’rotccted Person: Mmf LoW/ pwcn‘i M Additional Protected Persons In addition to the person named in® the following family or household members of that person are protected by the temporary orders indicated below: Full Name g Age Household Member? Relation to Protected Person Juan M. (Mmb, LA g1) a Yes D No spongc AME“ g (#me I 3 Q Yes D No ,4an [DIM j. Cumbo M S Qch DNo 4m klwvlahpe Padilla ”Farmer I P1); [:1 Yes w No 45hr a Check here afthere are additional persons. List them on an attached sheet ofpaper and vm'te “Attachment 3- Addiu'onu/ Protected Persons ” as a tirlu. You may uscfarm MC~025, Attachment. ® Expiration Date The court will complctc (ha res! oflhisform. This Order expires a! the em! ofdle hearing scheduludfor the date and time below: Date: MAY 1 7 2022 Time: 92' S)! 2 D a.m. g p.m. $mgfmflf’“w Temporary Restraining Order (CLETS-TCH) CH-110. Paoe1of6mumm sswsmsiw (Civil Harassment Prevention) ">WWDOJ Case Number: ZICMOQWQ To the PerSon inG: The court has granted the temporary orders checked as granted below. Ifyou do not obey these orders, you can be arrested and charged with a crime. You may be sent t0 jail for up I0 one year, pay a fine of up to $1,000, or both. Personal Conduct Orders D NotRequested D Denied Untilthe Hearing m Granted as Follows: a_ You must not d0 the following things t0 the person named in® and to the other protected persons listed in (1) m Harass, intimidate, molest, attack, strike, stalk, threaten. assault (sexually or otherwise), hit. abuse, destroy personal property of, 0r disturb the peace of the person. (7) Q Contact lhc 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 interofficc mail, by c-mail. by text message, by fax, or by other electronic means. (3) m Take any action to obtain the person‘s address or location. If this ixem (3) is not checked, the court has found good cause not lo make this order. n. (4) D Other (specifi):a1, . . , , _ . - 4 D Other personal conduct orders arc attached at the end of this Order on Attachment 53(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related t0 a coun case is allowed and does not violate this order. However. you may have your papers served by mail on the person in G). ® Stay-Away Order D Not Requested D Denied Until the Hearing M Granted as Follows: a. You must stay at least fl l 2 yards away from (check all that apply): (l) m "Hm person in ® (7) m The place ofchild care ()fthe children of (2) E Each person in© me Person in (D (3) m The home ofthe person in® (S) m 'lhe vehicle ofthe person in ® (4) Q The job or workplace of the person (9) D Other (Spam): in ® ' (5) m The school ofthe person in ® (6) $ The school ofthe children ofthc person in b. This stay-away order does not prevent you from going lo or from your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own, possess, have. buy or try t0 buy, receive or try to receive, or in any other way get guns, other firearms. or ammunition. b. You must: (l) Sell to or store with a licensed gun dculcr, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control‘ 'I his must be done within 24 hours ofbeing served with this Order. This is a Court Order R"m“m Temporary Restraining Order (CLETS-TCH) CH~11°- P896 2 0'6 (Civil Harassment Prevention) '9 Case Number: ZtCHuoqmé (2) File a rcccipt with the coun \mhin 48 hours ofrcceiving this Order that proves that your guns or firearms have been turned in. sold, or stored I You may uscfiwm CH-800, Proof of Firearms Tumcd In. Sold, or Stored,for the receipt.) c. D The coun has received information that you own or possess a firearm. Possession and Protection of Animals fl Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given the sole possession. care. and control of the animals listed below, which are owned, possessed, leased, kept, 0r held by him or her, or reside in his or her household. (Idenlifl animals by, e.g.. type, breed, name, color, sex.) b. D The person in®must stay at least yards away from, and not lake, sell. transfer, encumber, conceal. molrerst. amok, styikg. tjugatcn, ham], or otherwise dispose of. the animals listed above. 7 . - ® Other Orders X Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end of lhi» ( )rdcr on Attachment 9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Order mus! bc entered into the Califomia Rcsxruming and Protective Order System (CARPOS) through {he California Law [Enforcement Telecommunications System (CLIiTS). (Check one): a. D The clerk will enter this Order and its proof-of-scn‘ice fonn into CARPOS. b. m The clerk will transmit this Order and its proof-of-scrvicc form to a law enforcement agency to be entered into CARPOS. c. D By the close of business on the date that this Order is made, the person in® or his or hcr lawyer should deliver a copy of the Order and its proof-of-scrvice form lo the law enforcement agency listed below to enter into CARPOS: w ' t Addmss (g (a 3mg) Zml D Additional law enforcement agencies arc hstcd m lhc cnd nfthis Order on Attachment lO. This is a Court Order. “W m“-’°‘° Temporary Restraining Order (CLETS~TCH) CH-‘10v939930'6 (Civil Harassmem Prevention) 9 Case Number: ZICHDOCHCIQ ® No Fee to Serve (Notify) Restrained Person m Ordered D NotOrdered The sherifl'or marshal will serve this ()rdcr without charge because: a. m The Order is based on unlawful violence, a credible threat of violence. or stalking. b. D The pcrson in @s entitled to a {cc waiver. Siwed‘ 3/6/2022 09:13 PM® Number of pages attached lo this Order, if any: Dale: 3'6‘2022 FUAA (ft (”0AM “{DH‘ Jufigm/ 0/7737 CLAROL OVERTBN Warnings and Notices to the Restrained Person in9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy 0r try m buy, rcccixc or try Io rccchc, 0r otherwise gct guns. other fircanns, or ammunition while this Order is in effect. Ifyou do, you can go lo jail and pay a Sl .000 fine. You must sell to or slorc with a licensed gun dealer. or turn in to a law enforcement agency. any guns or ozherfircarms that you have or control as stated in item® above. The coun will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have bcen personally served with this Temporary Restraining Order and form CH-109, Notice ofCourt Hearing, bu! you do not appear at the hearing either in person 0r by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for thc expiration date is issued at thc hearing. a copy oflhe order will be served on you by mail at thc address in item®. lfthis address is nol correct or you wish t0 verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change, 0r to find out Ihc duration of the order. contact the clerk ofthc coun. After You Have Been Served With a Restraining Order ° Obey all the orders. ' Read form CH- l ZO-INFO, How Can I Respond m a Reqm‘sljbr (‘ivil Harassment Restraining 0rdcrs?, to learn how to respond to this Order. - If you want t0 respond, fill out form CH-l20, Response Io chuvstfbr Civil Harassment Restraining Orders. and file ix with the court clerk. You do not have to pay any fee Io file your response if the Request claims that you inflicted or threatened violence against or stalked the person in . - 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-ZSO, ProofofSer-vice ofResponse by Mail. File the completed proofofservicc with the coun clerk bcfore the hearing date or bring it with you lo lhc hearing. - In addition to lhc response, you may file and have declarations served, signed by you and other persons who havc personal knowledge ofthc facts. You may use form MC-030. Declaration. for this purpose. It is available from the clerk's office at the court shown on page I of this form or at mm:courtscagov-"fomzs. If you do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order M W‘s-m" Temporary Restraining Order (CLETS-TCH) CH-110. Paoe4of6 (Civil Harassment Prevention) A Case Number: J/zcfiuoqflb ' Whether or not you filc a response. you should altcnd the hearing, It'you have any witnesses. Ihcy must also g0 lo the hearing. ' At the hearing. the judge can make restraining orders against you that last for up to five 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 ofthc order, or has verified its existence 0n the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proof of scnice 0n the restrained person. the agency mus! advise the restrained person of the terms of the order and then must enforce it. Violations oflhis order arc subject 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. The order ends on the expiration date in item ® on page l. Arrest Required if Order ls Violated I [fan officer has probable cause to believe that the restrained person had notice ofthe order and has disobeycd the order, the officer must an’cst the restrained person‘ (Pen. Code, §§ 836(c)(l ), l3701(b).) A violation ofthc order may bc a violation of Penal Code section 166 or 273.6. Agcncics arc encouraged lo enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine ifthe restrained person had notice of the order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)): - Thc officer sees a copy oflhe Proofof Sen‘icc or confirms that thc ProofofServicc is on file; or ' 1h: restrained person was informed of thc order by an officer. An officer can obtain infomation about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified, the agency must advise the restrained person of thc terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invitcs or consents t0 contact with the restrained person, this order remains in effect and must be enforced. "[116 protected person cannot be arrested for inviting or consenting to contact with the restrained person. The order can be changed only by another court order. (I’cn‘ Code. § 137I0(b).) This is a Court Order R"mum Temporary Restraining Order (CLETS-TCH) CH-110. P3965016 (Civil Harassment Prevention) 9 Case Number: ZICHVO‘WM 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. Codc,§ 136.2; Fam. Code. §§ 63S3(h){2), 6405(b)): l. EPO: Ifone of Ihc orders is an Emcrgcncy I’rolcctiu- Order (form IiPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No Conrad Order; It‘there is no [3H), a no-comact order that is included in a restraining 0r 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 lakes precedence in enforcement over any conflicting civil coun order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable‘ 4. Family. Juvenile, or Civil Order: lfmorc than one family, juvenile, 0r other civil restraining 0r protective order has been issued, thc one that was issued last must bc enforced. IJ (Clerk u'illflll out Ihis part.) Clerk's Ceniflcuu- -C|erk’s Certificate- [5e01/ I ccnify that this 7k*nxpor¢zfix- Runruining Order is a true and correct copy of the original on file in the court. Date: Clerk. by , Deputy This is a Court Order R" m‘5~2°‘9 Temporary Restraining Order (CLETS-TCH) CH-110.Pa9e60'6 (Civil Harassment Prevention) AttachmenI3-Addilional Protected Persons Ana Luz Padilla F 76 No mother Jose Padilla M 76 No father Americo Padilla M 50 No brother
