Order Temporary Restraining OrderCal. Super. - 6th Dist.January 8, 2021CH-1 1 0 Temporary Restraining Order m”"“"""’""‘""‘"°""""¢ 5 Filed Person in® mus! complete ilems® . ®, and© only. January 8’ 2021 Prohctnd Person Clerk of the Court 1 Your Full Name: Thomas R. Callahan Superior Court of CA Your Lawyer (Ifyou have onefor thu case): county Of same Clara Name: State Bar No.: i 21 CH009806 Finn Name: By- knguyen b. Your Address ([fyou have a lawyer, give your lawyer‘s information. . lfyoudonothavealawyerandwanttokeepyourhomeaddress Fancaurtnmmdmm: private. you may give a dm'erent mailing address insIead. You do not Swador Coon of Callfomh. County of V have to give telephone, fax, or e-maiI.): Superior Coufl Of sanm Clam Address: 1309 0314mm Rd 5pc 43 Ht North First Street . . 191 North First Street Cu : J State: CA Zn 295112'y 5"“ °s‘ - P -------- San Jose,CA9511a Telephone: 585-5015713 Faxz E-Majl Address: mgs3@pmn,com Commsinmawmmam ® Restrained Person c‘“ "é“??H 00 9 8 0 6 Fl!“ Name- Brian Winchester Descripfion: Sex: E M D F Height: 5'9" Weight: 190 Date of Birth: unknown ( l970ish?) Hair Color: brown Eye Color: brown? Age: ~35 Race: caucasjm Home Addnss (t_‘fknowru: 1309 Oakland Rd SPC 26 City: San Jose State: CA Zip: 95] 12 Relationship to Protected Person: none (neighbor in RV park) D Additional Protected Persons In addition to the person named m ®, the following family or household members of that person are protected by the temporary orders indicated below: FullName SE Age Household Member? RelationloProtectechrson D Yes D No D Y5 D No D Yes D No D Yes D No U Check here {fthere are additional persons. List them on an attached sheetofmrad write "Attachment3- Addiu‘onal Protected Persons " as a title. You may useform m-025, Attachment ® E inflon 0‘” The court will complete (he rest ofthisfom 11m Ordermm at the end oflhe hearing scheduledfor the date and a’nle below: Date: 3/ 2.sz ZJ Time: Q ,' 20 m a.m. D p.m. mafigfifi‘lll ”gm" Temporary Restraining Order (CLETS-TCH) CH-"ovmw' cantonHm am au 521 9 (Civfl Harassment Prevention) '9wwDOJ Ca. Numbor: jr- To the Person inO: The court bu granted the lemponry orders checked as granted below. 1f you do not obey these orders, you a- be nrmted and changed with n crime. You may be sent to jail for up to one year, pay a fine ofip to $1,000, or boa. Personal Conduct Orders D Not Requested D Denied Until the Hearing m Grahmd as Follows: a, You must not do the following things to the person named in® D 'and to the 01hcr protected persons listed in © ' (l) K Harass, intimidate, molest, attack. strike. stalk. threaten, assault (sexually or otherwise), hit, abuse, desuoy persqnal property of. or disturb thc peace of the person. (2)R 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 interofl‘lcc 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. lfthis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specifiv): D Other personal conduct orders arc attached at the end of this 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 docs not violate this order‘ However, you may have your papers served by mail on the person in (D Stay-Away Order D Not Requested D Denied Unfilthe Hearing Granted as Follows: a. You must stay at least IQ yards away from (check all (ha! apply): (l) E The person in® (7) D Thé place ofchild care ofthe childten of (2) [j Each person in© the Person in G) (3) E The home ofthe person in® (8) E The vehicle ofthe person in ® (4)fl The@job or workplace ofthc person (9) Other (spam); m . (5) D The school ofme pemn in ® the restrained party from coming to orgonng from hls home (6) D The school ofthc children ofthe person in b. This stay-away order does not prevent you fmm going to or from your home or place 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: (l) Sell to or store with a licensed gun dealer. or turn in to a law enforcement agency, my guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. This is a Court Order. "'m“ 3°“ Temporary Reshaining Order (CLETS-TCH) CN-‘Ho- POOOZO'G (Civil Harassment Prevention) 9 Cue Number. - , . (2) File a receipt with the cqun within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may useform CH-800, Proof of Firearms Turned 1n, Sold, or Stored,for tho receipt.) ' c. D The court hm received information that you own or possess a firearm. ® Possession and Protection of Animals D Not Requested D Denied Until the Hearing m Granted as Follows (specify): a: D The person in® is given the sole possession, care, and control of the animals listed below, which are 'v owned, possesseq lased, kcp‘, or held by him or her, or reside in his or her household. (ldermfi animals by, e.g., Iype, breed, name, color. sex.) I‘ubmrggg .hman no d% zo‘b' '[2 5(b3t52, v2 QOOd‘e b. M The person in®must stay at least )Q yards away fmm, and not take, sell, transfer, encumber, conceal, molest, anack. suikc, threaten, harm, or otherwise dispose of. the animals listed above. omor Orders Q Not Requested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders are attached at the end of this Order on Attachment 9. To the Person mo: 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. D The clerk will enter this Order and its proof-of-service form into CARPOS. b. R The clerk will transmit this Order and its proof-of-servicc form to a law enforcement agency to be entered into CARPOS. c. U 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 Older and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Nmflamfinfommnmmcx D Additional law enforcement agencies are listed at the end of this Order on Attachment 10. This is a Court Order. M““1“" Temporary Restraining Order (CLETS-TCH) CH-"O. Poo- 3 d6 (CMI Harassment Prevention) 9 CmNumbor: ZICHOO 9806 ® N_o Fee to Serve (Notify) Restrained Person Ordered D Not Ordered The sheriffor marshal will serve this Order without charge because: a. The Order is based on unlawful violence, a credible threat of violence, or stalking. h b. D The person in ® entitled to a fee waiver. ® Number ofpages attached to this Order, ifany: pate; January 8, 2021 W _ Judicial Oflicer Commissioner Erik S‘ Johnson Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You canno! own, have, possess, buy or try to buy, receive or try to receive. or otherwise get guns, other fmnns, or ammunition while this Order is in cfl'ect. Ifyou 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 agéncy, any guns or other firearms that you have or conu'ol as stated in item® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Ordel' lfyou have been personally served with this Temporary Restraining Order and form CH- 109, Notice 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 Resu'aining Order except for the expiration date is issued at the hearing. a copy of the order will be served on you by mail at the addmss in item®. If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the com After You Have Boon Served.Wifl1 a Restraining Order ° Obey all the orders. ' Read form CH- I 20-[NFO, How Can I Respond to a Reqwstfor Civil Harassment Restraining 0rder:?, to learn how to respond to this Order. - If y0u want to respond, fill out form CH-IZO, Response lo Requestfor Civil Harassment Restraining Orders, and file it with the court clerk. You do not have lo 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-120 served by mail on the person in @or that petson‘s attorney. You cannot do this yourself. The person who does the mailing should complete and sip form CH-250, ProofofService ofResponse by Mail. File the completed proof ofscrvice with the coun clerk before the baring 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 othct persons who have personal knowledge of the facts. You may use form MC-030. Declaration. for this purpose. It is available from the clerk’s ofi'lcc at the court shown on page l of this form or at www.courts.ca.gov{form. Ifyou do not know how to prepare a declaration. you should sec a lawyer. This is a Court Order. MW '5- 1°" Temporary Restraining Order (CLETS-TCH) CMW- P”. ‘ °' 5 (Civil Harassment Prevention) 9 emNumboc ZICHUO 9306 } ' Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing. - At the hearing, thcjudgc can make restraining orders against you that last for up to five ycaxs.‘Tcll the judge why you disayee with the orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by anS’ law enforcement agency that has received the order, is shown a copy of the ordet, 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 of the tcrms of the order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Data of Ordon This order slam 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 ls Violated [fan ofi'lcer has probable cause to believe that the msuained person had notice ofthe order and has disobeyed the order, the omccr 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 axe encouraged to enter violation messages into CARPOS. NoticolProof of Service The law enforcement agcncy must fim determine ifthc mined person had notice ofthc order. Consider the mined person “served” (given notice) if (Pen. Code, § 836(c)(2)): - The officer secs a copy of the Proofof Service or confirms that the Proof of Service is on file; or ' The mstmined person was infomed of the order by an ofiicer. An oficcr can obtain information about the contents of the order and proof of service in CARPOS. [f proofof service on the remained person cannot be verified, the agency must advise the restrained person ofthc tenns ofthc order and then enforce it. If ma Protacbd Person Conhcu the Restrained Person Even if the protected person invites or consents to contact with the restrained person, this order remains in efiecl and mug be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The ordu can be changed only by another coun order. (Pen. Code. § 137 lO(b).) This is a Court Order. "" ”"3"" Temporary Restraining Order (CLETS-TCH) CH4“ 9'9. 5°“ (CM: Harassment Prevention) -> ”mu u..- ‘ ~ CuoNu ETcuomoe Conflicting Orden-Ptiorities for Enforcement If more than one restraining order has boon issued, me ordon must be enforced according to tho following priorifies (sec Pen. Code, § [362; Fam. Code. §§ 6383(h)(2), 6405(b)): l. EPO: If one of the orders is an Emergency Protective Order (form EPOOOI) and is more resuictive 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 or protective order has precedence ovcr any omcr 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, 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 wiIIfiIl out (th p01.) Clerk’s Certificate -Clerk's Cerflflcam- [Seal] I certify that this Temporary Restraining Order is a tmc and correct copy of the original on file in the court. Daze: Clerk, by ,Depmy This is a Court Order. Temporary Restraining Order (CLETs-TCH) CH-flo. made (Civil Harassment Prevention) M w15.m19