Order Temporary Restraining Order

Cal. Super. - 6th Dist.January 6, 2021

Dongn Envdopo IO' SEWOCS-SFBO-lHF-82EA-Cfifi16316AD7 CH-1 1 0 Temporary Restraining Order Prrwn m CI) mm! (‘mnplete items ® .® . uml ©unl). Protected Person a. Your Full Name: MikaleROjas Your Lawyer (ifyou have unefor Ihis case): Name: v Slate Bar No; Firm Name: €91 f - Rppresep Led b. Your Address (Ifyou have a lawyer. give your lawyer's information. lfyau do no! have a lawyer and wan! Io kee wur home address private. )ou may ire a diflerem mailing a dross innead. You do no! have Io give Ielep one, far, or e-mail. ).‘ Address: PO BOX 62223 I City: Sunnyvale Slale:CA_Zip:9§QBB Telephone: Fax: E-Mail Address: ® Reshalnod Person Full Name: Brandon P‘ na Dcscription: Clatsunpcduohanwhmlamnflad. Filed January 6, 2021 Clerk of the Court Superior Court of CA County of Santa Clara 21 CH009799 By: knguyen Flu m coun name am wulm Superior Coun ot Calflomla, Countyd Santa Clara 191 North First Street 191 North First Street San Jose, CA 95113 Cambbmcuonunmwmbmsfid. ““"Wbuooww Home Address (Ifknown): Unknown City: Unknown Relationship lo Protected Person: ...- Scx:m M D F Height:L Wcigm: 15.0-- Datc ot‘Binh: .QlLDlLlflflfi... Hair Colon Emma- liye Color:Brom__ Agc: 22_____ Race:MWLe- _ State: Unknown- Zipzumnomn- x1/ D Additional Protected Persons ln addition lo the person named in® lhc following family ur huuxhuld members of that person arc protected by the temporary orders indicated below: 111M :9; Ass D Yes D YC\ D Yes D ch Hawhold Mc._mber'?WW DNO ONO DNO DNO D Check here Ifflwre are additional pcrsum. Lm (hem un an anached sheet ofpaper and write ”Attachment 3- Additional Prulecled Persons " us u title. You mu) uw form MC-025. Attachment. The mun will mmplete rlu' res! ufthis farm Expiration Date This Order expires a! the end of the hearing scheduledfor (he dale and time below: Dale: 3 21202.] __ l'lmcJL am. D p.m. This is a Court Order.mmum mvmunsuwv Rn mmmmmmfm cmaoam.“sz7lun5270WWW M(IBEEfin- Temporareé Restraining Order (CLETS-TCH)ivil Harassment Prevention) CH-no. Pugnom9Rojas, Mikayla Dawson Emu». Io- semcxssswnmzmasammov u Number: ‘ To the Person in 9: The court has granted the temporary ordtrs checked as granlcd below. l! you do not obey these orders. you an be arrested and charged wim a crime. You may be sent lo jail for up lo one year. pay a fine of up lo $1,000. or both. Personal Conduct Orders D No‘ Requested DDenied Until the Hearing mcranted as Follows: a. You must not do lhc follomng things lo lhc person in® D and u) lhc other protected persons listed in® : (l) m Han». intimidate. molest. attack. stnkc. stalk. threaten. assault {sexually 0r otherwise). hit. abuse. destroy personal proper!) 01'. or disturb Ihc pcacc 0f lhc person. (2) m Comau lhc person, either directly or indirecll). in any uuy. including. but not limited to. in person. by telephone. in writing. b) public or private mail. hy inxcroffice mail. by e-majl. by lcxl message. by fax. 0r by other electronic means. (3p m Take any action Io obtain the person‘s address nr location. If this item (3) is nm checked. the court has found good cauw nut lo make this order. (4) a Other (specify )s DOthcr personal conduct orders arc attached at lhc end of (his Order on Attachment 53(4). b, Peaceful wriucn contact through a law yer or a proccss wncr or other person for service of legal papers related Io a court case is allowed and docs not Holalc Ihix 0rdcr. However. you ma) haw: your papcrs served by mail on the person in Q. Stay-Away Order D Not Requested D Denied Until the Hearing m Granted as Follows: a. YOu mm! stay ul lcasl 1L- yurds away from (churk all that apply): (l) m The person in® 17b D The place of child care of the children of (2) D Each person in C3) lhc person m ® (3) m 1h: home 0f the person in® I8: D Thc vehicle of [he person in <1) H) m The job or workplace of (he person (9) D Other (specify): m® (5) D The school of the person in (D (6) D The school 0f the children of lhc person in® b. This suy-away urdcr docs not prevent you from going m or from your home or place of employment. ® No Guns or Other Firearms and Ammunition a You cannot own. possess. ham. bu) or try Io buy. recem: ur try m receive. or in any other way gel guns. other firearms. 0r ammunition. b. You must: (1) Sell m ur store with a licensed gun dculcr. ur mm m m a law cnl'nrccmcm ugcncy. any guns or other firearms m your immediate possession or comm] 'l hm must be dune within 24 hours of being served with [his Order. ‘ ' This Is a Court Order. Mm ‘5' 2°" Temporaryc Restraining Order (CLETs-TCH) cn-no. mo 2 o1;1m ivil Harassment Prevention)‘- 5” Rogas , Mikayla DowSIgn Envelope ID. Ema-SFao-M 1F-62EA-C36816316AD7 “““"2T'CH009799 (2) File a receipt with the court within 48 hours of receiving this Order that prmcs (ha: your guns or firearms have been lumcd in. sold, or stored. mm may use form CH~800. Proof of Fircamls Tumed ln, Sold, or Stored, for the receipt. ) c. D The court has received information thul you uwn or possess a fircamu. Possession and Protection of Animals m Not Requested D Denied Untll the Hearing D Granted as Follows (specify): a. D The pcrsun in® is gncn lhc wlc puncssmn. cure. and cumml 0f (he animals listed below. Which are owned, poswssed. lcascd, kept. or held b) mm ur hcr. or reside in hh ur hcr household. (Identifi' animals by. e.g.. type. breed. name. mlur, nu.) b. D The person in® must stay at lcusl ____‘ yards away from. and not lake. sell, transfer. encumber. conceal. molest. auack, stn'ke. threaten. harm. or otherwise disposc of. the animals listed above. Other Orders m Not Requested D Denled Untll the Hearing D Granted as Follows (specify): D Additional orders arc attached ul the cud ul‘ ml» Urdu: nn Attachment 9. To the Person ino: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Culll'omm Rcslrammg und Protccliw Order System (CARPOS) through [he California Law Enforcement Tclccommumculiom System (CLETS). (Check one): a. D Thc: clcrk will cmcr [his Order and its prouffif-xcn‘xcc form into CARPOS. b. a The clerk will transmit (hm Order and us prmxlof-xcn'ice fomx lo a law enforcement agency to be entered into CARPOS. c. D By the close of business 0n the dale lhm this Order is made. the pcrson in ®or his or her lawyer should dcliwer a copy 0f lhe Order and ils proof-of-scrucc form lu lhc law enforcement agency listed below lo enter into CARPOS: 51m: of Law Enforccment Agency Addr \s i! ' D Additional law cnforccmcm ugcncuc» m- lmcd .11 Ihc end ut‘ this Order on Attachment 10. This is a Court Order. “" ““U‘ "-m Temporarrcfiestraining Order (CLETS-TCH) eH-no. Page 301;wm ivil Harassment Prevention)a gm Roj as, Mikayla Dowsm Envelope Io semscwrsomwaucssmsamm Case Number: JlCHoo9799 ® No Fee to Servo (Notify) Restrained Person momered D Not Ordered The sheriff or marshal will serve this Order u uhoul chargc because: a. m The Order is based 0n unlawful \‘lolcncc. a credible threat of siolcnccv or stalking. b. D The person in® is enlixlcd lo a fcc waiver. ® Number of pages aluched lo [his Order. if any: Da‘c. January 6, 2021 1min ml ()jj’i‘cn'r Commissioner Erik S. Johnson Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own. have. passe“. Du) ur 1r) m buy. rcgcnc n: 1r) m rcccnc. ur mhcrmsc gel guns. olhcr firearms. or ammunition while this Order is in effect. If )uu do, )ou can go tn jail and pa) a $1.000 fine. You must sell Lo or store with a licensed gun dcalcr, or turn in (u a law enforcement agency. any guns or other firearms that you have 0r control as stated in item ® above. The court mll require you lo prme that yuu did so‘ Notice Regarding Nonappearance at Hearing and Service ol Order If you have been personal!) scrwd uilh this Temporary Restraining ()rdcr and form CH- 109. Notice quuurt Hearing, but you d0 not appear at the hearing either in person or b) a lawyer, and a restraining urdcr that is the same as lhis Temporary Restraining Order except fur the expiration daxc n mucd at lhc hcanng. a copy of the order will bc served on you by mail ax lhc address in item®. If this address is nut correct or you msh m vcnf) (hat lhc Temporary Restraimng Urdcr was convcncd into a restraining order at Lhc hcan'ng without substantiw change. ur m find out (hc duration of Ihc order. cuntact the clerk of me coun. After You Have Been Served With a Restralnlng Order - Obey all (he orders. c Read form CH-IIUJNFO. How (1m I Rmpund [u u qum'ujbr Civil Harassment Restraining Orders 7. lo learn how to respond lo this Order. c If you want l0 respond. fill out form CH-llt). Response m Requeslfor Cm‘l Harassnwm Restraining Orders. and file i1 with [he court clerk. You do nut haw u) pay any fcc m filc your response if lhc Request claims [hat you inflicted or threatened uolcncc against or stalkcd the person m@. - You must have form CH-IZU acrvcd by mail 0n lhc person in ® or that person's nuorncy. You cannot do this yourself. Die person who does Ihc mailing should complete and sign form CH-ZSO. ProofofScn'ice ofRespame by Mail. File the completed proof of sen ice wxlh Ihc court clerk before lhc hearing dale ur bn'ng il with you to the hearing. - ln addition lo the rcsponsc. you may filc and hm: declarations sencd. signed by )uu and other persons who have personal knowledge of lhc facts. You may use form MOON). Declaration. for this purpose. ll is available from the clerk's office at the court shown un page l uf this form or ul www.(‘¢)uns.(‘a.g()\flkrmn.s. If you do not know how to prepare a dcclaualiun. you should sec a lawyer This is a Court Order. “" “W‘ "1°" Tern ra Restrainin Order CLETS-TCH cu-uo. Pug. ‘ a c mlw p0 70M! Harassmgnt Prevesuion) ) '9u En Rojas, Mikayla OomSngnEnvdopelD §M88C$5FEO411F~82£A~C368¥6316AD7 Case Number: 21cn009799 - Whether u: not you file a xcsponsc. )uu should mend lhc hcunng. If you hm: any wilncsscs. they must also go to (he hearing. o Al the hcmng. lhejudgc can make restraining ordcrs agumq you that last fur up u) fixc ycars. Tell (he judge why you disagree with lhc orders requested. Instructions tor Law Enforcement Enforcing tho Restraining Order This ordcr is enforceable by any law cnforccmcnl ugcncy lhal ha: rcccivcd lhc ordcr. i.» shown a copy of (he order. or has verified its existence 0n the California Restraining and Prulccuw ()rdcrs System (CARPOS). If the law enforcement agency ha not rccchcd proof of scmcc on lhc restrained pcrxon. (h: agency must advise me restrained person of {he lenns of the order and (hen must enforcc u Violations ut‘ lhn nrder arc subject lo criminal penalties. Start Date and End Date ot Orders This order stuns on the dale next lo the judge's signalurc un pug: 4. Thc order ends on lhc expiration dale in item ©on pagc l. Anest Required ll Order ls Violated If an officer has probable cause lo bcllcu: that (he rcsuallwd person had noucc of (hc order and has disobcycd the order. the officer must arrest lhc restrained person. (Pen. Code. §§ 836cm l j, 137()l(b).) A \iolalion of the order may be a violation of Pena] Codc section 106 or 273.6. Agencies arc cncuuragcd lu cnlcr nolation messages inlo CARPOS. NoticelProot of Service The law enforcement agency must first determine if the restrained person had noncc of the order. Cons'Idcr the rcslnined person "served" (given nonce) if(Pen. Code. § 836(c)(2)): o The officer secs a cop) of the Proof of Scnicc or confirms that lhc Proof of S¢nicc is on file; or o Thc msum'ncd person was informed of lhc order b) an officer. An officer can obtain infommion about 1h: contents of lhc order and proof of scrvicc in CARPOS. If proof of service on the msuaincd person cannot be Verified. lhc agency must adx m- lhc restrained person of the terms of the order and then enforce il. If tho Protected Person Contacts the Restrained Person Even if the promcwd person invites or cemenu m contact wuh lhc rcslrumcd person. this order remains in effect and must b: enforced. The protected person cannot bc arrcslcd tor im Hing m consenting lo contact with the tcsuained person. The order can be changed only by another court urdcr. (Pcn. Codc. § 1371mm.) This is a Court Order. “" “"* "m Tem ra Restrainin Order CLETs-TCH cu-uo. P sac (Em p0 rYCivil Harassmgnt Provugtion) ) .9. '9.- Em Rojas, M;kayla 006155ng Envdope ID. SEWECS-SFBO-M 1 F~82EA-C36316316AD7 no Number: g1gnggq799 Conflicting Orders-Priorltles tor Enforcement If more than one restraining order has been issued, the orders must be enforced accordlng to the following priorities (scc Pen‘ Code,§ 136.2; Fam. Code. §§ 0383mm). 6405(1)»; l. EPO: If one of lhc orders is an Emcrgcnry Pmm-m r ()rdcr ( form EPO~UOI ) and Is more restrictive lhan other restraining or protective orders. il has precedence m enforcement over all other orders. L) . NwConmc! Order: If {here Is nu EPO. a no~cumacx order that is included in a restraining or protective order has precedence over any other restraining 0r protective order. 3. Criminal Order: lf none of lhc orders Includes a net‘omacl order. a domestic Violence protective order issued in a criminal case lakes precedence in enforcement over an)! cunflicling cnil court urdcr. Any nonconflicling terms of 1h: civil restraining order remain in effect and enforceable. 4. Family, Juvenile, or Civil Order: lf more than one family. juvenile, or other civil restraining or protective order has been issued. lhc one that was issued last must bc cnfurccd. Clerk's Cemficate [seal] MM‘SN‘D Ia.“gag {Clerk will fill oul this part I clerk's Certificate- l ccnify that [hi5 Temporary Rmn'uinmg Order is u lruc and correct copy of the original on file in the court, Dale: _____________ Clerk. by , Deputy This is a Court Order. Temporary Restraining Order (CLETS-TCH) cu-no. pug. s a e Civil Harassment Prevention) Rojas, Mikayla