Order Restraining Order After HearingCal. Super. - 6th Dist.January 11, 2021CH 130 Civ" Harassment ReStraininQ Clerk stamps date here when formis filed. - Order After Hearing CD l’crxrm [n :1) mm! mmplere items®.®. and© only. F I L EProtected Person a. Your Full Name: James W. Vejvoda MAR ‘ 2 202, Your Lawver (ifmu hare one for this case) 8m 9d ‘ ' ‘ lb! Name: self-represented State Bar No.: HY mu" CA he SOUR Firm Name: self-represented r4 A EPUTY b. Your Address (Ifyou have a lawyer, giveyour lawyer 's irq/brmation. “5w, [fyou do nor hare a lawyer (md want t0 keep your home address private. you may give a different mailing address instead. You (/0 not have t0 give telephone, fax. 0r e-mail.) Fill in court name and street address: Superior Court of California, County of Santa Clara Address: 5.10 Saddle Brook Dr. Spc 1 l4 Civil Division City: San Jose statefA Zip: 95136 191 North Flrst Street San Jose, CA 951 l3 Telephone: Fax: E-Mail Address: Cour? fills in case number when Iorm is filed. Restrained Person Case Number: Full Name: Anhvu Quach 21CH009808 Description: Sex: E M D F Height: 5'10" Weight: 250 Date of Birth: 1980* Hair Color: black Eye Color: brown Age: 40 Race: Asian Home Address (Iflmown): 5 10 Saddle Brook Dr. Spc 1 l3 City: San Jose State: CA Zip: 95136 Relationship to Protected Person: next-door neighbor E 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: Full Name fl Agg Lives with vou? How are thev related to vou? Colleen M. Vejvoda F 58 E Yes D No wife D Yes D No Kaitlin C. Vejvoda F 20 E Yes D No daughter D Yes D No D Chuck here [fIhcre are additional persons. List I/wm (m an attached sheet ofpaper and write “Attachment 3- Additimml Protected Persons " as a title. You may uscform M0025, Attachment. Expiration Date This Order. exceptfar any award oflawyer ’sfees. expires at Time: H ‘. s i D a.m. fipm. D midnighlon (dare),- J/Zv I 1f , . Ifno expiration date is written here. this ()rdcr expires Ihrcc years from the date ofissuance. This is a Court Order. $fl°32ii”?§7'§§$fl§a§§$§3§m“9°" Civil Harassment Restraining Order After Hearing CH-130. Page 1 of6 C 1CIVI|PI u! . 527G 5279 Miszbymfi“ ° §§ (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009808 ® Hearing a. There was a hearing on (date): Mar 2 2021 at (time): 2:00 PM in Dept.: 4 Room: (Name quudicial officer): Comm. Erik Johnson made the orders at the hearing b. These people were at the hearing: (1)3. The person in®. (3) D The lawyer for the person in (D (name): (2) The person in®. (4) D The lawyer for the person in® (name): D dditional persons present are listed at the end ot‘this Order on Attachment 5. c. D The hearing is continued. The parties must return Io court on (date): 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 (D E and to the other protected persons listed in ®: (1) E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f, 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 t0 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 written contact through a lawyer 0r 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 3 yards away from (check all that apply): (l) E The person in® . (7) D The place of child care 0f the children of (2) E Each person in@. the Person ind) ~ (3) E The home ofthe person in (D . (8) E The vehicle of the person in®. (4) E The job or workplace of the person (9) E Other (specify).- in G) vehicles and places of work of persons in 3 (5) D The school of the person in ®. (6) D The school of the children of the person in G). 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. R“ ”mm?“ Civil Harassment Restraining Order After Hearing CH-130: P896 2 0‘6 (CLETS-CHO) '9 (Civil Harassment Prevention) Case Number: 2 1CH009808 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 of being served with this Order, sell t0 or store with a licensed gun dealer, or tum 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 or firearms have been turned in, sold, or stored. (You may uscfiwm CH-800, Proof of Firearms Turned ln, Sold, or Stored,fi)r the receipt.) c. D The coun has received information that you own or possess a firearm. d, D The coun 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 (specify make, model, and serial number Qlfiruurm(s)): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even ifexempl 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: Itgm Amount It Am un $ $ D Additional items and amounts are attached at the end 0f 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. (Identifi' animals by. e.g.. ope. breed. name. color. sax.) b. U 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. ® D Other Orders (specifiv): D Additional orders are attached at the end 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 of 6 9 Case Number: 21CH009808 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Prulcctiw Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Chuck (me): a. E The clerk will enter this Order and its proof-of-sen'ice form inlo CARPOS. b. E The clerk will transmit this Ordcr and its proof-of-service form to a law enforcement agency to be entered into CARPOS. c. D By the close ofbusiness on the date that this Order is made. the person in G) or his or her lawyer should deliver a copy of the Order and its proof-of-service form lo the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cm; Stale, 2ng D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. fl The person in® personally attended the hearing. No other proof of service is needed. b. D The person in® did not attend the hearing. (I) D Proofofservice ofform CH-l IO, Tcmpormy Ramuining Order, was presented to the court. The judge‘s orders in this form are thc same as in form CH-l IO except for the expiration date. The person in ® must be served with this Ordcr. Service may bc by mail. (2) D Thejudge‘s orders in this form arc different from [he temporary restraining orders in fonn 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 0n unlawful violence. a credible threat of violence, or stalking. b. D The person in G) is entitled to a fcc waiver. ® Number of pages attached to this Order, ifany: Date: March 2, 202] .lIIL/h I'u/ (”fin This is a Court Order. Civil Harassment Restraining Order After Hearing CH4”: P398 4 0‘6 (CLETs-CHO) -> (Civil Harassment Prevention) EF‘JK S. JOH?.‘CO.‘ Rev March 15. 2019 Case Number: 2 l Cl {009808 arning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item 8d is checked, you cannot own. have, possess, buy 0r try lo buy, receive 0r try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. lfyou d0, 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. 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). 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 0fthe terms ofthe Order and then mus! enforce it. Violations of this Order are subject to criminal penalties. Start Date and End Date of Orders This Order Starry on the date next t0 the judge's signature on page 4 and cmls on the expiration date in item@on page l. Arrest Required If Order Is Violated [fan officer has probable cause to believe that the restrained person had notice 0fthe order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code. §§ 836(c)( l ). 1370l(b).) A violation 0fthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine if the restrained person had notice 0f the order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)): The officer sees a copy of the ProqquScn'ic'c or confirms that the ProqquSen’icc is 0n 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 ofthe order and proofofservice in CARPOS. lfproof of service on the restrained person cannot be veri fied and the restrained person was not present at the court hearing, the agency must advise the restrained person ofthe terms of [he order and then enforce il. If the Protected Person Contacts the Restrained Person Even if the protected person invites 0r consents to contact with the restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting 0r consenting to contact with the restrained person. The orders can be changed only by another coun order. (Pen. Code. § l37lO(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page 50f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15. 2019 Case Number: 2 l CH009808 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. Coda. § 136.2; Fam. Code. §§ 6383(h)/2). 6405(h).) 1. EPO: Ifone of the orders is an Emergency Protective Orzlvr (form EPO-OOI) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. 2. No-Contuc'l Order: Ifthere 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. 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 tenns 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] -C|erk's Certificate- I certify that this Civil Harassmwn Rus'training Order After Hearing is a true and correct copy ofthe original on file in the court. Date: Clerk, by , Deputy This is a Court Order. “Wm" ‘52” Civil Harassment Restraining Order After Hearing CH-130: P3996“ (CLETs-CHO) (Civil Harassment Prevention)
