Order Temporary Restraining OrderCal. Super. - 6th Dist.January 6, 2021CH-1 10 Temporary Restraining Order CM “amps “a" "mm" '°""’="‘°d' FILED Pu‘wn m ® mm! complete ircmx® , ®, um!® only 01 /06/2021 <9 P39333131???" f Pr I hm Ilam 1 I P 2, C'e'“ °‘ The CW”3' ° r u ‘ v V . ‘ Superior Court of CA Your Lawyer ({fyou have onefor (his case); County of Santa C|ara Name: Stale Bar No.1 21 CH009801 Firm Name; By: knguyen b. Your Address (Il'you hm'e a lanyer. give your lauycr's information Ifyou do m)! lun'u a lawyer and mm: to ke'vp your home mldre.s‘s Fill m com name and mot moss: primrc. you may give a diflercn! mailing address inslvud You do no! Superior Court of California. County of have Io gm: rclg'phonaflu, or cf-mail.): Santa Clara (M t4 m n t 5 sW I‘m H 31:22:13; Sm Gilly: fan Jpgcq 100 3‘1"“: Lfi_ Zip:m San Jose. CA 951 13 Tc cp one: 4‘ g H {E .3-‘3 E_Mai1 Address; m‘m‘rez , (rC K4 Em )Dfl) Court fillsm case numborwhenlormlsfllod‘ R t i dp CaseNumber:® FER??? fig Ema 21CH009801 Description; Sex: D M m F Height: fz‘b weight: \30 Daxeofainh: [9&21: Hair Color: E1] )M l K I Eye Color: B(Olfljn Agc: yo Race: gflZA/A Home Address (ifknown): 610‘ q fim r I lgS five MTa 1‘ A City; xmn JD ffA State: [A Zip: 46 l (7 Relationship l0 Protected Person: Ne! &H.80R ® E Additional Protected Persons In addition x0 lhc person named in ® the following family 0r household members of that person are protected by the temporary orders indicated below: Full Name Sgt Age Household Member? Relation lo Protected Person 103 hm (EM F 1Q 21 Yes a No mimic: Pg] VD CL’UL N 194 m Yes D No gum D Yes D No U Yes D No U Check here ifllxcre are additional persons. List (hem on an attached sheet ofpapcr and write "Attachment 3- Additional [’rorected Persons " as a title. You may uscfurm MC-025. A Itachment. The court Mill complete Ilw rm! (gfrhisform. Expiration Date This Order expires a! the end ofthe hearing scheduledfor the date and time below: Date: 3 _Q_ l 2,02) Time: g ‘g! ) Mam. D p.m. This is a Court Order mwgwwfir‘m Temporary Restraining Order (CLETs-TCH) cu-no. Pace 1 ova cmeAWfiszH-MW? (Civil Harassment Prevention) '9Whom Case Number: 210H009801 To the Person inez The court has granted the temporary orders checked as granted below. [f you do not obey these orders, you can be "rested and charged “ith a crime. You ma} be sent to jail for up to one year. pay a fine of up to $1,000. or both. Personal Conduct Orders D Not Requested D Denied Until the Hearing Granted as Follows: a, You must not do the following things Io lhc person named in® and m thc other protected persons listed in (l) Harass. intimidate. molest. attack, strike, smlk. thrcalen, assault (scxually or otherwise), hit, abuse. destroy personal property of. or disturb the peace 0f thc person. (2) Contact the person. either directly or indirectly. in any way. including. but not limited lo, in person. by lelephonc. in writing. by public 0r private mail. by interofficc mail. by c-mail. by text message. by fax. or by other electronic means. (3) ETakc any action to obtain the person's address 0r location. lfthis item (3) is not checked, the coun has found good cause nol to make this ordcr. (4) Other (specify): C] ()lhcr ersnnal conduct ordcrs arc attached at thc end ofthis Order on Attachment SaH). Ben (r DOW pmrtaw pm 0.2 yea mwum. b. Peaceful written contact through a lawyer or a process server 0r other person for sen‘icc of legal papers related to a coun cusc is allowed and does not violate this order However, you may have your papers served by mail on lhc person in@. ® Stay-Away OrderD Not Requested E] Denied Until the Hearing E Granted as Follows: a. You must stay at least 3! H l yards away from (chock all (hut apply): (l) M The person in ® (7) D The place ofchild care ofthc children of (2) fl Each person in® me person i“® (3) fl "HI: home oflhe person in® (8) W111: vehicle 0fthc person in ® (4) M Thcjob or workplace ofthc person (9) fl Other (Spcmflr.' - Hm® [Klsms lnggz (5) fl Thc schoolofthe person in (D " ProW P VQM'S 7W0 DO b. This stay-away order docs not prevent you from going to or }rom 3681; omc or (6)E The school ofthc children ofthe pla}cc o} cmployncignwu ' No Guns or Other Firearms and Ammunition person in a. You cannot own. possess. have, buy 0r try to buy. rccchc 0r try l0 receive, 0r in any other way get guns, other firearms. or ammunition. b. You must: (l) Scll to or store with a licensed gun dcalcr. or tum in Io a law enforcement agency. any guns or other firearms in your immediate possession or comm! Thi.» must be done within 2-1 hours of being served with this Order. This is a Court Order R" W" 2°“ Temporary Restraining Order (CLETS-TCH) CH-"O. Pace? 0'6 (Civil Harassment Prevention) 9 Wk? Case Number: MHOMBOI (2) File a receipt with the court within 48 hours of receiving this Order [hm proves that your guns or firearms have been tumed in. sold. or stored. (You may uxcjbrm CH-800. Proof of Firearms Turned In‘ Sold. or Stored.fi)r the receipt. ) c. D The coun has received infomlation that you own 0r possess a firearm. Possession and Protection of Animals X Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given thc sole possession. care, and control 0fthe animals listed below. which are owned. possessed. leased, kept, or hcld by him 0r her, 0r reside in his or her household (Idenrijj' animals by, e‘gw {1pc 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. haml. or otherwise dispose of, the animals listed above. ® Other Orders fl Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at thc end of this ()rdcr 0n Attachmcm ‘9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc entered into the California Restraining and Proleclive Order Sys‘em (CARPOS) through the California Law Enforcement Telecommunications S} stem (CLETS). (Check one): a. D The clerk will cntcr thjs Ordcr and its prmf-of-scn'ice form into CARPOS. b. The clerk will transmit this Order and its proof-of-sen'icc form to a law enforcement agency to be entered into CARPOS. c. D By thc close of busmess on thc date that this Order is made. the person in® or his or her lawyer should deliver a copy of Ihc Order and its proof-of-sen’ice form lo 1hc law enforcement agency listed below lo enter into CARPOS: M mm’ 1g. 2121 U Additional law enforcement agencies arc listed a1 the cnd ofthis Order 0n Attachment IO. This is a Court Order R” W‘s-N‘g Temporary Restraining Order (CLETS-TCH) CH-HO. Page3of6 (Civil Harassment Prevention) '9 Case Nu ”ZY‘CH009801 No Fee to Serve (Notify) Restrained Person E Ordered D Not Ordered The Sheri ffor marshal will serve this Order without charge because: a. E The Order is based on unlawful violcncc, a credible threat of violence, or stalking. b. D The person in @s entitled to a {cc waiver. @x Number ofpages attached Io this Order. ifany: Date; January 6, 2021 ’17" I “-5- . . .J““*"" 0W” CommISSIoner ErIk S. Johnson Warnings and Notices to the Restrained Person in9 You Cannot Have Guns or Firearms You cannot own. have, possess. buy or try to buy, rcccivc or xry tn rccciw. or oxhcmis; gct guns. other firearms, or ammunition while this Order is in effect. lt‘you do, you can go lojai! and pay a SI ,000 fine. You must sell t0 or store with a licensed gun dcalcr. 0r tum in to a law enforcement agency any guns 0r other firearms that you have or control as statcd in item C7) above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order [f you have bccn personally served with this Temporary Restraining Order and form CII-109, Noricc ofCourI Hearing. but you d0 nm appear at lhc hearing either in person 0r by a lawyer, and a restraining order that is lhc same as this Temporary Restraining Ordcr except for lhc expiration date Is issued at the hearing a copy ofthc order will be served 0n you by mail at lhe address in itcm®. lflhis address is not correct or you wish lo verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantix c change. 0r m find out the duration of thc order, contact thc clerk ofthc court. After You Have Been Served With a Restraining Order - Obey all lhc orders. ' Read form CH-lZO-INFO. 110w Can I Rcspoml (u a Ruqucxlfln' Civil Humssmcn! Restraining 0rders?, lo learn how to respond to this Order. - [f you want to respond, fill out form CH-IZO. Ruxponse m Ruquusljbr Civil Harassment Restraining Orders, and file il with the court clerk. You do not have to pay any fce to filc your rcsponsc ifthc Request claims thax you inflicted or threatcncd violence against or stalked the person i116). ° You must have form (‘11-120 served by mail on the person in @or that person’s attorney. You cannot do this yourself. The person who docs the mailing should complctc and sign form CH-ZSO, ProofofScn-ice ofResponse by Mail. Fllc the completed proofof senicc with the court clerk before the hearing date or bn'ng it with you to the hearing. - In addition Io the response, yOu may file and have declarations served. signed by you and other persons who have personal knowledge OfIhe facts. You may use fom1 MC-030, Declaration. for this purpose. [t is available from the clerk‘s office at the court shown on page 1 ofthis fom1 or m u1m:courts.ca.gov,-_’f0rm.s‘. lfyou d0 not know how to prepare a declaration. you should see a lawyer. his is a Court Order R" “mum Temporary Restraining Order (CLETS-TCH) CH4”. P3994°f3 (Civil Harassment Prevention) ‘9 Case Nunficfloo 98 01 ' Whether or not you file a response, you should attend lhc hearing. If you have any witnesses. they must also go to the hearing. ' At the hcan'ng. 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 thc order. is shown a copy ofthe ordcr, or has verified its existence 0n lhc California Restraining and Protective Orders System (CARPOS). Ifthc law enforcement agency has not received proofof service on the restrained person. the agency must advise the resxrained person of the terms ofthc order and then must enforce it, Violations OfIhis order arc subject lo criminal penalties. Start Date and End Date of Orders This order stuns 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 [fan officer has probablc cause t0 believe (ha! the restrained person had notice oflhc order and has disobeycd the order. the officer musl arrest the restrained person (Pen. Code. §§ 836(c)(l ), 13701 (by) A violation ofthc order may be a violation ofPenal Code section 166 or 273.6. Agencies are cncouragcd lo enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine if lhc restrained person had notice of the order, Consider the restrained person “served" (given notice) if(Pcn. Code. § 836(c)(2)): ° The officer secs a copy ofthc ProofofScrvice or confirms that the ProofofScrvicc is on file; 0r ° The rcstrained person was informed 0fthc order by an officer. An officer can obtain information about thc contents 0f the order and proofofscn'icc in CARPOS. prroofofservicc on the restrained person cannot bc verified. 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 bc arrestcd for inviting or conscming to contact with the restrained person. The order can be changed only by another coun order. (Pen. Code. § 137 10(b)_) This is a Court Order R" M” ‘5'?“ Temporary Restraining Order (CLETSoTCH) CH-“O. Page 5 0'6 (Civil Harassment Prevention) 9 Case Number: 216H009801 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. Code. § 136.2; Fam. Code. §§ 6383(h)(2). 6405(b)): l. EPO: Ifonc of the orders is an Emergcnqv Prwccn‘rc Order (fomx 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: If there is no EPO. a no-contact order that is included in a restraining 0r protective ordcr has precedence over any other restraining 0r protective order. 3. Criminal Order: If none 0f 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. Famib'. Juvenile, or Civil Order: If more than one family. juvenile. or other civil restraining or protective order has been issued. the one that was issued last must be enforced. (Clerk willfill out (his part.) Clerk ‘s Certificme -Clerk's Certificate- [39‘11/ I certify that this Temponm‘ 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 R" “m ‘5'?” Temporary Restraining Order (CLETS-TCH) CH-"Ov 989660” (Civil Harassment Prevention)
