Order Temporary Restraining OrderCal. Super. - 6th Dist.January 5, 2021CH-1 1 0 Temporary Restraining Order Chmmpm" "m """b’m‘m‘ o Filed Person in CD mus! complele items ® ® and @only. January 6' 2021 Q) Protected Person CIerk of the Court a. Your Full Name:W Superior Court of CAYour Lawyer (ifyou have onejbr his case): County Of Santa Clara Name: Self-Represented State Bar No.:______ 21 CH009798 Firm Name:JW- By: knguyen b. Your Address (lfyou have a lawyer, giveyour lawyer's information. lfyou do no! haw a lawyerpnd wan! m kee your home address private, you may iive a different mailing a dress instead You do nor Superior Court of Califomla. County of Fill in court name and strut lddnss: have r0 give tele one, ax. or e- ail): Santa Clara Addre ; H46 6 \5 [DOM& [Q 3'31 a Ens: Eggs:- . .mz.M . Irs reeCuy. 'P- San Jose, CA 95113 Telephmei F“------ Civil Courthouse - DTS E-Mail Address: Cour! fills in case number when form is find Cau u ' Resttalned Pe n l 2TFH009798® Full Name: mu Mn. Z- Description: I Sex:fi M D_ Height: a ’eight:m- Date of 'rth:-- Hair quor:WE” Color: get 4‘32- Race:Lg l __ Home Address (ifknown). City: _ ' A State: Zip: Relatidnship to Protected Person: Additional Protected Persons ln addition to the person named in® . the following family or household members of that person are protected by the temporary orders indicated below: Full Nam A Household Member? Relation to Protected fl. Yes D No ‘ m&_ Yes IDNo' ./ / DYes DNO /r r D Chgck here ifrhere are addin'onal persons List them on an aflached sheet ofpaper and write "Allachment 3- Additiona! Protected Persons " as a title. You may useform M0025. Attachment. The court will complete the rest ofrhisform. Expiration Date This Order expires a! the end oflhe hearing scheduledfor III: date and time below: Date: Time:___ D a.m. D p.m. This is a Court Order. W,,_.,°°‘"",.m°'°"""‘.,-."',_,,”‘T:m“'°’ Tempora Restrainin Order (CLETS-TCH eH-11o, P ms muwmfiwn-Jm. 70M! Harassmgnt Prevention) ) ROHCI | ] RN-9WWW gland: 02/23/2021 2:00 X I L‘Un007179 I To the Person in 9: The court has granted the temporary orders checked as granted below. Il' you do not obey these orders, you can be arrested and charged with a crime. You mny be sent to jail for up to one yenr, pay I fine of up to $1,000, or both. Personal Conduct Orders D Not Requested DDenied Until the Hearing mented as Follows: a. You must not do the following things to the person in® a and to the other protected persons listed in @z (l) E Harass. intimidate, molest, smack, strike, stalk. threaten. assault (sexually or otherwise), hit, abuse. destroy personal property of. or disturb the peace ofthe person. (2) 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. (3) fi Take any action to obtain the person‘s address or location. lfthis item (3) is not checked. the coun hasfound good cause not to make this order. (4 ) Q O‘her “Pair”You must refrain from entering the protected persons residence without lawful written notice and you must refrainrom harassing the protected persons b driving past their bathroom window at times when they are showering DOther personal conduct orders are attached at l c c d ofthis Ordcr on ' nachmem Sa ). h the|protected persons in writin anecessargffieognaperin Iare a‘gr Itenant'Issues. ‘ ou may communicate - b. Peaceful w rincn contact through a la“) er or a process sen er or othewr pe or servnce lo a court case is allowed and does not violate this order. However. you maynhave your papers sened by mail on the person in ®. o Stay-Away OrderD Not Requested D Denied Until the Hearing m Granted as Follows: a. You must 5(a) at least yards awgy from (c heck all (hat apply). (l) 111C person in G) ' (7) D The place ofchild care ofthe children of (2) Each person in® the person in G) (3) The home ofthe person in (D, . . (8) fl The vehicle ofthe person in® ,. (4) D The job or workplace qfthe person (9) ml Other. (specifi): i in® ' As sole eiggggion :9 Ihg §ggy-aflay Q[g§[§ in Ibis sggn'gn. yQu may (5) The school ohhe person in® perform required property management duties at the protected persons'residence so long as done In a lawful manner. You must stay at least (6) The school ‘ofme children of;he 1o feet awayfromfhevmected-persops-whfie-dmng-so- person in® ‘ ; A \ d 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 camp! OWn, possess. have, buy or try t9 buy. rccgivc or try to receive, or in any other way get guns, other firearms, ovanymunition. v ’ ‘ v 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 or control. This must be done within 24 hours of being served with this Order. This is a Court Order. "MM‘N‘7W'W Tem ora Restrainin Order CLETS-TCH CH-11o,P 2 rsm'm p ?CivllHarassmgntProvergtlon) ) m 0-) ....~u«--w-z1cHoo9798 l (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been lumed in. sold, or stored. (You may useform Cll-ROO. Proof of Firearms Turned In. Sold. or Stored. for_Ihe receipt.) c. D The coun has received information that you own or possess a firearm, ® Possesslon and Protection of Animals D Not Requested D Denied Until the Hearing m Granted as Follows (specify): a. Thc person inG is given the sole possession. care. and control oflhc animals listed below. which are owned. posscsscd. leased, kept. or held by him or hcr. or reside in his or her household. (ldcnnfi' animals by, e. ., reed. name. color, sex ) VJ V b. The person in® must stay at leastm yards away from. and not take. sell, transfer. encumber, conceal. , mow, atiack sflike.t reatcn, harm. or otherwise disg‘ose of. the ani als listed above. Exception: Ile awfu y pe ormlng necessary propety anagement utles. you must stay at least 5 feet away from the above animals. o Other Orders n Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders arc attached at the énd ofthis ( )rdcr on Attachment 9. To the Person in o: 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 La“ Enforcement Telecommunications System (CLETS). (Check one): a_. D Thc clerk will enter this Order and its proof-of-sen'ice form into CARPOS. b. E The clerk will trafismit this Order and its proof-of-scrvicc form to a law enforcement agency lo be entered inlo CARPOS. c. D By the close of business on the date that this Order is made. the person in ®or his or her lawyer should deliver a copy oflhc Order and its proof-of-scrvice form lo the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agencx Address (Cry, Stgtg, Zigg D Additional law enforcement agencies arc listed at the end ofthis Order on Attachment IO. This is a Court Order. WM“’°"‘W"'" Tem ora Restrainin Order CLETs-TCH cm“ 30.5m,” p f(yCivll Harassmgnt Provegtlon) ) m 9¢-Em | ZIUHUU‘HVO I No Fee to Servo (Notify) Restrained Person m0rdered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. m 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. ifany. 5‘9”“ “2°21 0923A“ ______ Cw (A (Qmaéon ludiciu/ 0/11"” Carol Overton Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own, have. possess. buy or try to buy. receive or try t0 receive, or otherwise get guns, other firearms. or ammunition \Vhilc this Order is in effect. lfyou 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 ® abovc The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining Order and form CH-109, Notice ofCourt Hearing. but you do not appear at the hearing either in person or by a lawyer. and a resxraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing. a copy ofthe order will be served on you by mail at the address in item ®. If this address is not correct or you wish to verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change. or to find out the duration of the order. contact the clerk ofthe court. After You Have Been Served With a Restraining Order v Obey all the orders. o Read form CH-lZO-INFO. How Can I Respond m a Requestfor Civil Harassment Restraining Orders ?. to learn how to respond lo this Order. o lfyou want lo respond. fill out form CH-IZO. Response r0 Requvslfor Civil Harassment Restraining Orders, and file i! with the coun clerk. You do not have to pay any fee lo file your response ifthc Request claims that you inflicted or threatened violence against or stalked the person in 6) - You must have form CH-IZO served by mail on the person in G) or that person‘s anomey. You cannot do this yourself. The person who does the mailing should complete and sigl form CH-250. ProofofService ofResponse by Mail. File [he completed proof of service with the court clerk before the hearing date or bring it with you to 1he hedring. - In nddiupnfio the respons.e, youmay file and havp declarations served,.signed by you anfl otheq persons who,have personal knowledge ofthe facts. You may use form MC-030. Declaration. for this purpose. It ls available from the clerk's office at the coun shown on page l oflhis form or at www.courts.ca.gov forms. lfyou do not know how to prepa're a dcclaration. you should see a lawyer. This is a Court Order. "m ““V‘-’°‘“‘“““""“ Tem ora Restrainln Order CLETS-TCH CH-11o. tm‘w p invil Harassmgont Prevo(ntlon) ) Pm“; VOA'JU‘ L_leflomu o Whether or not you file a response. you should attend the hearing. lfyou have any witnesses, they must also go to the hearing. o At the hearing, lhcjudge can make restraining orders against )ou that last for up to five years. Tell thejudge 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 the California Restraining and Protective Orders System (CARPOS). lfthe law enforcement agency has not received proof of service on the restrained person. the agency must advise the restrained person of the terms oflhe order and then mus; enforce it. Violations of this order are 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 Is Violated lfan officer has probable cause to believe that the restrained person had notice of the order and has disobeycd the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ), 13701(b).) A violation ofthe order may be a violation ofPenal Code section I66 or 273.6. Agencies are encouraged to cnler violation messages into CARPOS. NoticeIProof of Service The law enforcement agency must first determine ifthe restrained person had notice ofthe order. Consider the restrained person “served“ (given notice) if(Pen. Code, § 836(c)(2)): o The officer sees a copy ofthe Proofof Service or confirms that the ProofofService is on file; or o The restrained person 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. If proofofservice on the resuained person cannot be verified. the agency must advise the restrained person of the (ems ofthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents t0 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 order can be changed only by another court order. (Pen. Code, § 137l0(b).) This is a Court Order. wM1,my,mrm Tem ora Restrainin Order CLETS-TCH CH4“. P 5 f6 l p WCMI Harassmgent Preve(ntion) ) I99 09‘- Em . ‘ "FMUOH‘W .mz'l‘E‘FBHW 97 9 a Conflicting Orders-Priorlties 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)): l. EPO: lf 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. Na Contact Order: Ifthere is no EPO. a no-contact order that is included in a restraining or protecxive order has precedence over any other restraining or protective order. 3. Criminal Order; lfnone 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, or Civil Order: 1fmore than one family. juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. Clerk's Certificate [seal] Rmqumucy 1. 2017.WFm E‘Em (Clerk willfill out this part.) Clerk’s Certificate- l certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date: __.___.____ Clerk, by . Deputy This is a Court Order. Temporary Restraining Order (CLETS-TCH) CH-11o. Page s om (Civil Harassment Prevention) :pUOr‘uc L.