Order Temporary Restraining OrderCal. Super. - 6th Dist.January 7, 2021CH_1 10 Temporary Restraining order Clerksfamps dalehore whenformisfiled . FILED Person in ® mus! complete items ©, @, and @OHIy. 01 /07/2021 Protected Person r a . Cl k fTh a. Your Fun Name: W053“ E“ “3 Sueprerfor CgucrstogfrtCA Your Lawyer (ifyou have onefor this case): County of Santa Clara Name; SeIf-Represented State BarNo.:..-._ 21 CH009805 b. Your Address (Ifyou have a lawyer, give your lawyer’s information. lfyou do nol have a lawyer and wan! Io kee your home address private, you may I've a differem mailing a dress instead. You do no! Superior Court of California, County of Fill in mun name and skeet addnss: have to give telep one, fax or e-mai .).' Santa Clara Address; "La \‘b E- W” W " 5* ’ 191 N. First Street City. sun "(35L StatCCA’ Zip: Avg “b 191 N. First Street _ a . San Jose, CA 95113 Telephone- Fax- Civil Courthouse - DTS E-Mail Address: Court fills in case number when lorm is filed. ® Restrained Person “WA, case NEITC H 0 0 9 8 0 $Full Name: 3 “Sena“ Description: Sex:D M g F Height:L- Weight:L Date ofBirth:L Hair Color: 39M. Eye Color: b\uc‘ Age: l? Race: Samm" Home Address (iflmown): I 00‘ S'- MNLA QM # F308 City: J47 [??+a 5 State: I41- Zipzm Relationship to Protected Person: MM WM! 0X ’“w (WU 0L QM Old ‘WF’MF D Additional Protected Persons 1n addition to the person named in G), the following family or household members ofthat person arc protected by the temporary orders indicated below: Full Name §9._x Agg Hausehold Member”? Relation to Protected Person a Yes D No D Yes D No D Yes D No D Check here ifthere are additionalpersons. List them on an attached sheet ofpaper and write "Anachment 3- Addm‘onal Protected Persons ” as a title. You may useform MC-025, Attachment. The courl‘will complete Ihe res! ofllzisform. Expiration Date This Order expires a! the end ofthe hearing sclzcduledfar the date am! time below: Date: K’Z'Z\ Time:j:_OO-_ Wm. me. This is a Court Order. WW“°‘“°‘“"-m°°“"’“’" Tem ora Restrainin Order CLETS-TCH CH-11o,P 1orssmsmgrmm, p ?&vnHarassmgmpreveéuon, ’ Rom, n mféfmeWWW ‘ Emma!gallim i I BICHOflgBOE 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 ofup to $1,000, or both. Personal Conduct Orders D Not Requested DDenied 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@z (l) E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace ofthe person. (2) m 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)m Take any action to obtain the person’s address or location. lfthis item (3) ls not chccked, the court has found good cause not to make this order. (4) D Other (speafi). D Other personal conduct orders are attached at the end ofthis Order on Attachment 5a(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 OrderD Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least 30° yards away from (check all that apply). (l) m The person in® (7) a The place ofchild care ofthe children of (2) D Each person in® the person in ® (3) m The home ofthe person in® - (8) @ The vehicle fifthe person in® (4) m Thcjob or workplace ofthe person (9) D Other (specify): in® (5) D The school ofthe person in® (6E The school ofthe children ofthe person in G) l' ~ | I b. This stay-away order does not prevent you from going to or from your home or placé of employment. 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. You must: (I) 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. . . Thus Is a Court Order. “mm” ‘ 2°" ””“‘°"‘°"" Tempora Restraining Order (CLETS-TCH) CH-11o, Pagez ofs CBMIDLW I?Civil Harassment Prevention) 9 base NUIIIUBH u li.1|§n." ‘ ”.1‘ .- ' N .- v v \--, \u‘: 1o 511 1:} Dar (2) File a receipt with the court within 48 hours ofreceiving this Order that proves that your guns or firearms have been tumed in, sold, or stored. (You may useform CH-800, Proofof Firearms Turned In, Sold, or Stored,for the receipt.) c. D The court has received information that you own or possess a firearm. Possession and Protection of Animals Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in CD is given the sole possession, care, and control ofthe animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Identifiz animals by, e.g., type, 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, harm, or otherwise dispose of, the animals listed above. ® Other Orders w Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end ofthis Order 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 Law Enforcement Telecommunications System (CLETS). (Check one): a. a The clerk will enter this Order and its proof-of-service form into CARPOS. b. E The clerk will transmit this Order and its proof-of-service 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 lawyer 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 ofLaw EnforcementAgency Ad ress Ci Stale i D Additional law enforcement agencies arc listed at the end ofthis Order on Attachment 10. This is a Court Order. “"“i’mW‘-’°”'”'""'°"F°"" Tem ora Restraining Order (CLETS-TCH) CH-11o, Pageaors CB FSWM p f(ycwil Harassment Prevention) 9um. Elms- | I IL-g-Tbflugiléu D ® No Fee to Serve (Notify) Restrained Person merdered a 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 ofviolence, or stalking. b. a The person in® is entitled to a fee waiver. ® Number of pages attached to this Order, if any: J a 7,2021 Date: anu ry Judicial l0fl7cer 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. receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in efl‘ect. Ifyou 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 stated in item ® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Order and form CH-109, Non‘ce 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 ®. Ifthis 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 o Obey all the orders. - Read form CH-lZO-INFO, How Can I Respond to a Requestfor Civil Harassment Restraining 0rders?, to learn how to respond to this Order. - Ifyou want to respond, fill out form CH-120, Responxe (a Requestfor Civil Harassment Restraining Orders, and file it with the court 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 @. - You must have form CH-IZO served by mail on the person in (D or that person’s attorney. You cannot do this yourself. The person who docs the mailing should complete and sign form CH-250, ProofofService ofResponse by Mail. File the completed proofof service with the court clerk before thc hearing date or bring it with you to the hearing. o In 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 of this form or at www.courts.ca.gov/forms. [fyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. ' M“J‘"””‘-’°”-”“"“’°"‘°"“ Tem ora Restrainin Order (CLETS-TCH) eH-11o. Pagemscalm“ p WCMI Harassmgent Prevention) '9m EFormr l ‘57 [11- 1 a 3 i 05 C A I Whether or not you file a response, you should attend the hearing. lfyou Have {nijitgxe'sflsi rhgy’mu’stéjsflo tame hearing. o At the hearing. the judge can make restraining ordérs 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 of the order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). Ifthc law enforcement agency has not received proof ofservice on the restrained person, the agency must advise the restrained person ofthe terms ofthc order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the datc ncxt to the judge's signature on page 4. Thc order ends on the expiration date in item @on page 1. ' Arrest Required if Order ls Violated Ifan officer has probable cause to believe that the restrained person had notice ofthe order and has disobeyed the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), l3701(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. NoticeIProof of Service r The law enforcement agency must first degermine 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 Proofof Service is on file; or o The restrained person was informed of the order by an officer. An ofiiccr can obtain information about the contents of the order and proofofscrvicc in CARPOS. prroof of service on the restrained person cannot be verified, the agency must advise the restrained person o'f the terms ofthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthc 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 restrained person. The order can bc changed only by another court order. (Pen. Code, § l37lO(b).) This is a Court Order. “‘M““‘"-’°"-“"‘“°'"°"" Tem ora Restrainin Order CLETS-TCH CH-11o. P s ts CB. Emma! p r¥0ivil Harassmgent Preve(ntion) ) age o9 Case Number::wwweu Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the foIIOWing priorities (see Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b)): 1. EPO: Ifone of the orders is an Emergency Protective Order (form EPO~001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No Contact Order: Ifthere is no EPO, a no-contact ordcr 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 n no contact order, n domestic violence protective order issued in n criminal case takes precedence in enforcement ovcr any conflicting civil coun order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family, 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 this part.) -Clerk's Certificate- Clerk’s Certificate I cenify that this Temporary Restraining Order is a true and correct copy ofthe [seal] original on file in the court. Date:-_-_ Clerk, by , Deputy This is a Court Order. "m“: J"“'"’ ‘-’°"-“"""°‘"°"" Tern ora Restraining Order (CLETS-TCH) CH.11o. Pageants cm'lmm“. p r¥0ivil Harassment Prevention)
