Request Renew Restraining OrderCal. Super. - 6th Dist.January 7, 2021Request to Renew Restraining Clerk stamps below when form is filed.CH-700 Order G) Protected Person a. Your FullNamefi ' UNSM Rigs Your Lawyer (ifyou have onefor this case): Name; SeIf-Represented State Bar No; Firm Name: SeIf-Represented b. Your Address (Ifyou have a lawyer, give your lawyer 's information. Ifyou do n0! have a lawyer and want t0 keep your Coun name and street address: home address private. you may give a diflerent mailing address Superior Court 0f California. COUHW 0f instead. You do not have t0 give telephone, fax. 0r e-mail.): Santa Clara 191 North First Street Address: P 0 136K /%(Q 191 North First Street San Jose, CA 951 13 City: <51 U {1' WL'T‘A State: [/4 Zip: qgjn’ civil Division Telephone: 49 Q CZ (28}§ Fax: t ‘ FI/I m case number: E'Mail Address: Case Number: Restrained Person FullName: 30% lg“ Juan“ I Address (ifkn0wn(: 100‘ g MWWI «”417; fi F103 City: M 'I (11) i' “S State: [fl Zipzm ® Request to Renew Restraining Order l ask the court to renew the Civil Harassment Restraining Order After Hearing (Form CH-l30). A copy of the order is attached. a. The order ends on (dare): 2 / Z / 2 Z b./Z' This is my first request to renew the order. D The order has been renewed times. c. I want the order to be renewed for D three years w other (specifi'): ID: 04/1.) Zian 7/ d. I ask the court to renew the order because (explain below): m Check here ifthere is no! enough spaceforyour answer. Attach a sheet ofpaper and write “Attachment 3d-Reasons to Renew Order "for a title. You may use Form MC-025. Attachment. See Attached I declare under penalty of perj ury under the laws of the State of California that the information above is true and correct. Date: [l'IB'Z’L M \1 565i p, "1 (,1 5' p [,I/AU? Type 0r printyour name I Sign your name This is not a Court Order. JudicialCOuncilofCalifomna, wwwcounscalgov Request to Renew Restraining Order CH.700’ page 1 °f1 New January 1, 2012. Mandatory Form _ ‘ ' Code ovcwu proceame. § 527.5(1) (CIVII Harassment Preventlon) 21CH009805 u MC-025 SHORT TITLE: CASE NUMBER; 3d_ - Reasons to Renew 1 ATTACHMENT (Number) I Restraining Order Page Of (This Attachment may be used with any Judicial Council form.) (Add pages as required) 3 gwm £44231 ‘Hi ”(Hitlw’ MCQ/ {lax P4 rm ”D/Voc jme/L/Iu 4m (OMAN?) 1177 (,jcwrldSE ‘HW‘ (n (Mu/[lerk [W 5 M01 SJCHN LWd/d (U741 ?IJ pw'hfS. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (If the item that this Attachment concerns is made under penalty of pedury, all statements in this Attachment are made under penalty of peq'ury. ) P0901011 Form Approved for Opuonal Use ATTACHMENT www coumnlo ca gov Juuad Counal of Calrfornaa MC-OZSIRev Januarw 2007} to Judicial Council Form Mania Drunk Bsmm rams 21CH009805 CH 130 Civil Harassment Restraining Clerkstampsdale here when formis filed. Order After Hearing G) Person in (D must complele items®,® , (1nd© only. Protected Person a. Your Full Name: Melissa Rojas Your Lawyer (zfyou have onefor this case) Name: State Bar No.2 Finn Name: b. Your Address (Ifyou have a lawyer, give your lawyer '5 information. Ifyou d0 not have a lawyer and want to keep your home address F”, in com name and sheet address: private, you may give a different mailing address inslead. You d0 not Superior Court of California. Coun of have to give telephone. far, 0r e-mail.) ty Santa Clara Address: 2013 E San Antonio St Civil Division City; San Jose State: CA Zip: 951 16 191 Nonh Fm S‘ree‘ San Jose, CA 951 13 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Person Case Number: Full Name: Joselyn Hunt 21CH009805 Description: Sex: L_ M E F Height: 5'5 Weight: 160 Date ofBinh: 1993* Hair Color: Black Eye Color: Black Age: 27 Race: Samoan Home Address (iflmown): 1001 S. Main Street #F308 City: Milpitas State: CA Zip: 95035 Relationship to Protected Person: Mother of a Former Partners Child D Additional Protected Persons In addition to the person named in®, the following family or household members of that person are protected by the orders indicated below: EullNgme Si Ag; Lives with vou? How arethev relatedto vou? D Yes D No D Yes D No D Yes D No D Yes D No D Check here ifthere are additionalpersons. List them 0n an attached sheet ofpaper and write "Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment. Expiration Date This Order, avceptfor any award oflawyer’sfees, expires at Time; u! [5 D a.m. Ppm. D midnight on (dare):M‘ If no expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. £££§f$$§g3mam§fmmmw Civil Harassment Restraining Order After Hearing CH-130, Page1 ore Cod OVCivilPr ed r . §527.6 6527.9 _”Jams: “’5 ’" (CLETs CH0) -> (Civil Harassment Prevention) \S Case Number: 2 1 CH009805 G) Hearing a. There was a hearing on (date): Mar 2, 2021 at (time): 9:00 AM in Dept.: 4 Room: (Name quudicial officer): Comm. Erik Johnson made the orders at the hearing. b. These people were at the hearing: (1)F\The person m6). (3) D The lawyer for the person in (D (name): (3)fl The Person in@- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end ofthis Order on Attachment 5. c. D The heating is continued. The parties must return to coun on (dare): at (time): To the Person in 9: 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 G) D and 'to the other protected persons listed in @z (1) 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, or by other electronic means. (3) E Take any action to obtain the person's address or location. If this item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specifi‘): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful wn'tten 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 a- You must stay at least 300 yards away from (check all that apply: (l) E The person in® . (7) E The place of child care of the children of (2) D Each person in@. the Person in® - (3) E The home ofthe person in® . (8) E The vehicle ofthe person in@. (4) E Thejob or workplace ofthe person (9) D Other (spam): in® (5) D The school of the person in @. (6) E The school of the children of the person in@. b. This stay-away order does not prevent you from going to or from your home or place of employment. This is a Court Order Civil Harassment Restraining Order After Hearing CH-130. Page 20f6 (CLETS-CHO) a (Civil Harassment Prevention) Rev. March 15. 2019 Case Number: 2 1CH009805 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. [f you have not already done so, you must: . Within 24 hours of being 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 firearms in your immediate possession or control. o File a receipt with the court within 48 hours of receiving this Order that proves that your guns 0r firearms have been turned in, sold, or stored. (You may useform CH-800. Proof of Firearms Turned In, Sold, or Stored,for the receipt.) c. D The court has received information that you ovm or possess a firearm. d_ D The court has made the necessary findings and applies the firearm relinquishment exemption under Code of Civil Procedure section 527.9(0. Under California law, the person in® is not required to relinquish this firearm (specifv make, model, and serial number 0fflrearm(s)): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his 0r her place of employment. Even if exempt 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 D lawyer's fees D costs: tern Amount Item Amgunt $ $ $ $ D Additional items and amounts are attached at the 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 of the animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Idennfi animals by, e.g., ape, 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, stn'ke, threaten, harm, or otherwise dispose of, the animals listed above. ® D Other Orders (specifiv): D Additional orders are attached at the end of this Order on Attachment 11. This is a Court Order. R“ “3"“ ‘5 2°” Civil Harassment Restraining Order After Hearing CH-130. Page 3 of6 (CLETS-CHO) '9 (Civil Harassment Prevention) Case Number: 2 1CH009805 To the Person in 0: ® 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. E 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 of Law Enforcement Agency Address (gig; State, 2in D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person aflThe person in® personally attended the hearing. No other proof ofservice is needed. b. D The person in® did not attend the hearing, (1) D Proof of service of form CH-l 10, Tempormy Restraining Order. was presented to the court. The judge‘s orders in this form are the same as in form CH-l 10 except for the expiration date. The person in must be sewed with this Order. Service may be by mail. (2) D The judge's orders in this 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 . 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 of violence, or stalking. b. D The person in G) is entitled to a fee waiver. ® Number of pages attached to this Order, if any: Date: March 2, 2021 Judicial Icer ERIK S JOHNSON This is a Court Order R“ “m“ ‘5' 2°” Civil Harassment Restraining Order After Hearing CH'130' P398 4 0‘6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 l CHOO9805 arning and Notice to the Restrained Person in 0: You Cannot Have Guns or Firearms Unless item 8d is checked, 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 effect. If you 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. Instructions for Law Enforcemen u 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 on the California Restraining and Protective Order System (CARPOS). If the 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 of the tenns of the 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 date next to the judge‘s signature on page 4 and 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 disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), I3701(b).) A violation of the 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 of the order. Consider the restrained person “served" (given notice) if (Pen. Code, § 836(c)(2)): The officer sees a copy of the ProofofSerw'ce or confirms that the ProofofSen-ice is on file; or The restrained person was at the restraining order hearing or was informed of the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on 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 tenns 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 be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 13710(b).) This is a Court Order Civil Harassment Restraining Order After Hearing CH-130. Pages of6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev. March 15. 2019 Case Number: 2 l CH009805 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 Pen. Code. § 136.2; Fam. Code. §§ 6383(h)(2). 6405(b).) 1. EPO: If one of the orders is an Emergenqv Protective Order (form EPO-OOl) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No-C‘ontact 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. . 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. or Civil Order: If more than one family, juvenile, or other civil restraining 0r protective order has been issued, the one that was issued last must be enforced. l'x) DJ Clerk 's Certificate (Clerk willfill out this part.) [seal] -Clerk's Certificate- I certify that this Civil Harassment Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk, by This is a Court Order R” W'ch'5-20‘9 Civil Harassment Restraining Order After Hearing CH-130. Page6 of6 (CLETS-CHO) (Civil Harassment Prevention)
