Order Restraining Order After HearingCal. Super. - 6th Dist.January 7, 2021Civil Harassment Restraining Order After Hearing l’w‘sun in CD must complete in’ms@.®. and® only. Protected Person a. Your Full Name: Melissa Rojas Your Lawyer (tfyou have oncfor this case) Name: State Bar No.: Firm Name: b. Your Address (lfyou hare u lawyer. giveyour lanyw‘k hybrmmion. Ifyou d0 m)! hm'e a lawyer and want to keep your home address private. you may give a dzfli'rent mailing address inslcud. You d0 m)! have t0 giw telephone, fax. 0r e-muil.) Address: 2013 E San Antonio St City: San Jose State: CA Zip: 951 l6 Telephone: Fax: E-Mail Address: Restrained Person Full Name: Joselyn Hunt Description: Clerk stamps date here when form is filed. DFILEMAR ~ 2 2021 Fill in court name and street address: Superior Court of California. County of Santa Clara Civil Division 191 North First Street San Jose, CA 951 l3 Court fills in case number when form is filed. Case Number: 2 l CH009805 Sex: L_ M E F Height15'5 Weight: 160 Date of Birth: 1993* Relationship I0 Protected Person: Mother ofa Former Partners Child Hair Color: Black Eye Color: Black Age: 27 Race: Samoan Home Address ([fknawn): 1001 S. Main Street #F308 City: Milpitas State: CA Zip: 95035 ® D Additional Protected Persons 1n addition to the person named in® the following family or household members 0f that person are protected by the orders indicated below: Full Name $35 Ag; Lives with vou? How are they related to vou? D Yes D No D Yes D No D Yes D No D Yes D No D Check here [fthere are additional persons. List them 0n an attached sheet ofpaper and write ”Attachment 3- Addilional Protected Persons " as a title. You may useform MC-025. Attachment. Expiration Date This Order. exceptfor any award aflawyer's fees. expires at Time”: :5 D a.m. Fpm. D midnighton (dam); x h [g lfno expiration date is written here, this ()rdcr cxpircs three years from the date ofissuance. This is a Court Order. Judicnal Councul of Calnfomna, www courts cagov Rev. March 15. 2019. Mandatory Form Code ol Civul Procedure. §§ 527 6 and 527.9 Approved by DOJ (CLETS-CHO) (Civil Harassment Prevention) Civil Harassment Restraining Order After Hearing CH-1 30, Page 1 of 69 \S Case Number: 2 1 C l 1009805 G) Hearing a. There was a hearing 0n (dare): Mar 2 2021 at (time): 9:00 AM in Dept: 4 Room: (Name Ql'judicial Qflicer): Comm. En'k Johnson made the orders at [he hearing, b. These people were at the hearing: (UfiThe Person in®- (3) D The lawyer for the person in (D (name): (2)fl The Person in@- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end ofthis Order 0n Attachment 5. c. D The hearing is continued. The parties must retum t0 court 0n (dale): at (time): To the Person inG: The court has granted the orders checked 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. E Personal Conduct Orders a. You must not do the following things to the person named in® D and Io 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) E 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, 0r by other electronic means. (3) E Take any action t0 obtain the person‘s address or location. If this item (3) is not checked, the court has found good cause not t0 make this order. (4) U Other (specifi‘): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful written contact through a lawyer or process server or other person for service of legal papers related to a court case is allowed and does not violate this Order. E Stay-Away Orders 3- You must stay at least 300 yards away from (check all that apply): (l) E The person in® . (7) E The place ofchild care ofthe children of (2) D Each person in@. the Person ind) ~ (3) E The home ofthe person in® . (8) E The vehicle ofthe person in@. (4) E The job or workplace of the person (9) D Other “pecifiw in®. ' (5) D The school ofthe person in @. (6) E The school ofthe children ofthe person in G). b. This stay-away order does not prevent you from gning Io or from your home 0r place of employment. This is a Court Order. R9V-”3'°“‘5-2°‘9 Civil Harassment Restraining Order After Hearing CH-130- P8992 0'6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 l CH009805 No Guns or Other Firearms 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. If you have not already done so. you must: . Within 24 hours ofbeing served with this Order, sell to or store with a licensed gun dealer. or turn in to a law enforcement agency. any guns or other fireanns in your immediate possession or control. - 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 uscjhrm ClI-8()(). Proof of Firearms Turned In, Sold, or Storednfbr tlw receipt.) c. D The court has received information that you own 0r possess a firearm. d, D The coun has made the necessary findings and applies the firearm relinquishmem exemption under Code of Civil Procedure section 527.9(0. Under California law. the person in® is not required to relinquish this firearm (.s'pcctfi‘ make. model. am! serial number qflfirmrmtsj): The fireann must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place 0f employment. Even ifexempt under California law, the person in® may be subject to federal prosecution for possessing or controlling a firearm. D Lawyer's Fees and Costs The person in _ must pay to the person in _ the following amounts for [j lawyer's fees D cosxs: ltgm Amgunt lggm Amgum $ $ D Additional items and amounts are attached at [he end of this Order on Attachment 9. D Possession and Protection of Animals a. D The person in @is given the sole possession. care. and control 0fthe animals listed below, which are owned‘ possessed. leased, kept, or held by him or her, or reside in his or her household. (Idenli/j' animals by. e.g., type, breed. name. valor. sex.) b. D The person in® must stay at least yards away from, and not lake, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, or otherwise dispose of, the animals listed above. ® D Other Orders (specifiy: D Additional orders are attached at lhc cnd of this ()rdcr 0n Attachment 1 1. Rev March 15. 2019 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETs-CHO) (Civil Harassment Prevention) CH-130, Page 3 of6 .9 Case Number: 21CH009805 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS 'I‘his Order must be entered into the California Rcstruining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Clwck one): a. E The clerk will enter this Order and its proof-of-scn'icc form into CARPOS. b. E The clerk will transmit this Order and its proof-of-service form I0 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 lawyer should deliver a copy of the Order and its proof-of-service form t0 the law enforcement agency listed below to enter into CARPOS: Name 0f Law Enforcement Agency Addrgss (Ciu‘, Snug), Zip: D Additional law enforcement agencies are listed at the end ofthis Order on Attachment 12. ® Service of Order on Restrained Person afi'l‘hc person in® personally attended the hearing. No other proof of service is needed. b. D The person in® did not attend the hearing. (l) D Proof 0f service of form CH-l 10, Temporary Rawruining Order. was presented to the court. The judge’s orders in this form are the same as in fonn CH-l lO except for the expiration date. The person in ® must be served with this Order. Service may be by mail. (2) U Thejudge's orders in [his form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® or @-must personally serve a copy of this Order on the person in®. m E No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. E The Order is based on unlawful violence. a credible threat ofviolence, or stalking. b. D The person in® is entitled Io a fee waiver. ® Number of pages attached to this Order, ifany: Date: March 2, 202] -"~’“'"'/ "' ERIK s. JOHNSON This is a Court Order. R“ “W ‘5'”‘9 Civil Harassment Restraining Order After Hearing CH'130v Page 4 °'6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009805 arning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item Rd is checked, you cannot own, have, possess. buy 0r try to buy, receive or try t0 receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go tojail 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 slated in item above. The court will require you to prove that you did so. Instructions for Law Enforcemen 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 0n the California Restraining and Protective Order System (CARPOS). lfthe law enforcement agency has not received proof of service on the restrained person. and the restrained person was not present at the court hearing, the agency must advise the restrained person OfIhe terms ofthe Order and then must enforce it. Violations of this Order are subject Io criminal penalties. Start Date and End Date of Orders This Order slum on the date next Io the judge‘s signature on page 4 and ends on the expiration date in item@on page 1. Arrest Required If Order ls Violated lf an officer has probable cause t0 believe that the restrained person had notice of the order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( I ), 1370l(b).) A violation ofthe order may be a violation of Penal Code section I66 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. Notice/Proof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “served" (given notice) if(Pen. Code, § 836(c)(2)): The officer sees a copy of the ProqquSen'icv 0r confinns that the ProonfSen'ice is on file; 0r ' The restrained person was at the restraining order hearing 0r was informed of the order by an officer. An officer can obtain information about the contents oflhe order and proofofservice in CARPOS. prroof of service 0n the restrained person cannot be verified and the restrained person was not present at the court hearing. the agency must advise the restrained person of the terms 0f 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 bc enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another coun order. (Pcn. Codc‘ § l3710(b).) This is a Court Order. R“ ”m" ““9 Civil Harassment Restraining Order After Hearing CH-130- P398 5 0' 6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009805 Conflicting Orders-Priorities of Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pm. Code, § 136.2; Fam. Code. §§ 6383(Iul2). 6405(b).) 1. EPO: If one of‘the orders is an Emurgcnqv Protucriw Ordcr (fonn EPO-OOI) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. 2. No-Contucl Order: If there is n0 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 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, 0r 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 's Certificate (Clerk willfill out this part.) [seal] -Clerk's Certificate- I certify that this Civil Hurussnwn! Restraining Order After Hearing is a true and correct copy 0f the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Pa9660f6 (CLETS-CHO) (Civil Harassment Prevention) Rev March 15. 2019
