Order Temporary Restraining OrderCal. Super. - 6th Dist.January 6, 2021CH-1 1 0 Temporary Restraining Order cmm'md‘" "m "mm”"i‘m Filed Person in C1) mus! complete items ®..@ um! ©only. January 6. 2021 Protected Person Clerk of the Court a. YourFullName: Avg.» r‘ Y‘ M/L Superior Court of CA Your Lawyer (ifyou have onefor this case): county 0f santa Clara Name; Self-Re resented 5mg Bar No;- 21 CH009800 Firm Name: utag- By: knguyen b. Your Address (Ifyou have a lawyer, giveyour Imsyer's information. lfyou do not hare a lawyer and wan! t0 ke‘ef your home address private, you may ive a differen! mailing a dress instead. You do nu! Superior Court of Califomll, County of have t0 give (elep one. far, or e-mail): Santa Clara Address: “Wm 0o\wmr 191 N. First Street - 2 g. ks: ‘I p - :56 r51. 191 N. First Street0" " 5‘3“” iZ'P San Jose, CA 95113 Fill in court name and 5m: address: Te'eth F“ Civil Courthouse - DTs E-Mail Address: Court fills in case number when form 4's fled. Case Nu :® Restrained Person ~ w C H 00 98 0 0 Fun Name; S "7 93m Y4 44,5 ' Description: Sex: Z/M D F Height:21L Weight:i9;- Date ofBirth: ° r7 H3 Hair Color:m- Eye Color:JE- Age:g- Race: ”WK c k Home Address (iflmown): “49.4 Dv \2 1:) D r City: $56- Afib State: 1 k Zip: 13m Relationship lo Protected Person: ' ‘I 'C n“ AA’ l nmm m.H D Additional Protected Persons ln addition to the person named in© , the following family or household members oflhat person are protected by thc temporary orders indicated below: Full Name §g Ag; Household Member? Relation to Protected Person D Yes D No a Yes D No D Yes D No D Check here ifthere are additional persons List them on an attached sheet ofpaper and write “Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment. The court will complete (he res! ofthisform, Expiration Date This Order wires a! the end ofthe hearing scheduledfor the dale and time below: Date: d ll! 202' Time:4H9- ? am. D p.m. wclw”, °'°"'°"“‘n'nmmnfmg'm‘W' Tempora Restraining Order (CLETS-TCH) CH-11o, Page 1 ovamm$.75; nu n:nn ?Clvil Harassment Prevention) ROHCI | ] PVERN')WWwJ aw 2.22473” l ‘1bflUU7VV' I To the Person in 9: The court has granted the temporary orders checked as granted 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. ® Personal Conduct OrdersD Not Requested DDenled Until the Hearing meranted as Follows: a. You must not do the following things to the person in® Q and to the other protected persons listed in© : (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) 8 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) D Take any action to obtain the person’s address or location. lfthis item (3) is not checked. the court has found good cause not to make this order. (4) D Other (specifil): D Other personal conduct orders are attached at the end of this Order on Attachment Sa(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the person in® . Stay-Away Order D Not Requested D Denigd Until the Hearing m Granted as Follows: a. You must stay at least 40° yards away from (check all that apply}: (I) a The person in G) (7) D The place orchud care ofthe children or (2) D Each person in® the person in (D (3) The home ofthe person in® (8) D The vehicle ofthe person in® (4) The job or workplace ofthe person (9) w mher (s cCIfl): mg) cxmfirwn: gout erSm 10 Fear Ml“: . ' _ ,(5) D The school ofthe person in ® Lola: (6) D The school ofthe children ofthe I . .ul v person in® mm ' - i b. This stay-away order does not prevent you from going to or from your home or place ofemployment. No Guns or Other Flream'ns 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. You must: ( l) Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. This must be done within 24 hours ofbeing served with this Order. This is a Court Order. Tempora%Restraining Order (CLETS-TCH) CH-11o. Page 2 ot_)s Ml Harassment Prevention) RMJ-wy1,2017.uumyFovm gimm- [“"““"'°°2 1 CH oo 9e 00 | (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in. sold. or stored. (You may uxcfm-m (‘H-SOO. Proofof Firearms Turned 1n. Sold. or Slored.f0r (he receipt) c. D The court has received information that you own or possess a firearm. ® Possession and Protection of Animals flat Requested D Denied Until the Hearing D Granted as Follows (specify): a. 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. 0r reside in his or her household. (Identifi' animals by. e.g., ape. breed, name. color. sex.) b. D The person in® must stay at least molest. attack. strike. threaten, harm. or otherwise dispose of, the animals listed above. Other Orders QNot Requested D Denied Until the Hearing D Granted as Follows (specify): yards a“ ay from, and not lake, sell. transfer, encumber, conceal. D Additional orders are attached at lhc cnd 0fthis ()rdcr on Attachment 9. To the Person ino: 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 The clerk will enter this Order and its proof-of-service form into CARPOS. b. E The clerk xx ill transmit this Order and its proof-of-scn'icc 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 her lav~yer 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 of law Enforcement Agency Address (gm Statg, 2ng D Additional law enforcement agencies arc listed at the end of this Order on Attachment l0. This is a Court Order. «mmmmumm Tem ora Restrainin Order CLETS-TCH CH-11o. p 3 '6 ‘ p ?CivllHarassmgntPrevefmon) ) ice 09”EmEm I E‘VIIUUVUU'U I No Fee to Serve (Notify) Restrained Person mOrdered D Not Ordered The sheriffor 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 (D is entitled to a fee waiver. ® Number of pages attached to this Order. ifany: Dam; M Judicial Officer Commissioner Erik S. Johnson Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own. have, possess, buy or try to buy, rcccivc or try to receive, or otherwise get guns, other firearms, or ammunition while 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 tum in to a law enforcement agency. any guns or other firearms 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 lfyou have been personally served with this Temporary Restraining Order and form CH-109, Norice ofCourt Hearing, but you do not appear at 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 ofthe order will be served on you by mail at the address in item ®. [f 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 of the court. After You Have Been Served With a Restraining Order - Obey all the orders. - Read form CH-l 20-INFO, How Can I Respond to a Requestfor Civil Harassment Restraining Orders ?. to learn how to respond to this Order. - Ifyou want to respond. fill out form Cl l-l 20, Response (o Requestfor Civil Harassment Restraining Orders, and file it with the coun clerk. You do not have to pay any fee to file your response ifthe Request claims that you inflicted or threatened violence against or stalked the person in (D o You must have form CH-IZO served by mail on the person in ® or that person‘s anomey. You cannot do this yourself. The person who does the mailing should complete and sign form CH-ZSO, ProofofSen-ice ofResponse by Mail. File the completed proof ofservice with the court clerk before the hearing date or bring it with you to the hearing. - ln addition to the response, you may file and have declarations served. signed by you and other persons who have personal knowledge ofthe 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 l ofthis form or at www.courtscagovyorms. lfyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. nm.m1,2oumwm Tem ora Restrainin Order CLETS-TCH cumo, p 4 ,6 I p qcivilHarassmgentPreantlon) ) ‘9° °_> au- Elm- Adr). .A o Whether or nm you file a response. you should attend the hearing. If you havc any thnesses, they must also go to 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 Enforclng 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). If the law enforcement agency has not received proof of service on the restrained person. the agency must advise the restrained person ofthe terms oflhe order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This ordcr starts on :he date next to thejudge's signature on page 4. The order 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 disobcyed the order. the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ). |370l(b).) A violation ofthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticeIProof of Service The law enforcement agency must first determine if the 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 . The restrained person was informed of the order by an officer. An officer can obtain information about the contents of the order and proofof service in CARPOS. If proofof service on the restrained person cannot bc verified, the agency must advise the restrained person of the terms ofthe order and then enforce it. Ii the Protected Person Contacts the Restralned 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 restraincd person. The order can be changed only by another court order. (Pen. Code, § l37l0(b).) This is a Court Order. WM‘~'°"V"“°‘°’"°'"‘ Tem ora Restrainin Order CLETS-TCH CH-110. P 5 I6 Elm.” p invilHarassmgent Prevo(ntion) ) m 0') CauNuméoi cHOO 98 00 Conflicting Orders-Prlorlties 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(hx2), 6405(b)): l. EPO: If 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 Conrad Order: If there 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 ofthe orders includes a no contact order, a domestic violence protective order issued in a criminal case lakes 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: If more than onc family. juvenile, or other civil restraining or protective order has been issued. the one that was issued last must be enforced. (Clerk willfil! out this part.) clerk's Certificate- Clerk's Certificate l certify that this Temporary Restraining Order is a true and correct copy ofthc [seal] original on file in the coun. ' Date:___ Clerk. by . Deputy This is a Court Order. RummLthmFom Temporary Restraining Order (CLETS-TCH) CHMO, Pagesoce 92iafi (Clvll Harassment Prevention)
