Declaration In Support

Cal. Super. - 6th Dist.January 11, 2021

ATTACHMENT CV-5014 Nelly Amas ATTORNEY FOR (Nam) NM AND ADDRESS OF PARTY OR ATTORNEY FOR PARTY 551 Lewis Rd San Jose Ca.95111 Mailing P.O. BOX Z San Jose Ca.951 51 TELEPHONE NMER (408) 386-6474 STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: 191 North First Street. San Jose. CA 95113 191 North First Street San Jose. CA 95113 Downtown Courthouse SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA Person/Enmy Seeking Protection: Nelly Amas for 551 Lewis Rd San Jose Ca. 9511 Person From Whom Protection is Sought: Obeth Rojas Gonzahs FOR COURT USE ONLY lLE JAN 1 1 2021 ,Clerk of e Coun DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR CIVIL RESTRAINING ORDERS CASENUéABchHDo 98 0 l, the undersigned. declare: 1. I am (choose one): D attorney for Person or Entity Seeking Protection m seIf-represented Pemon or Entity Seeking Protection D other (explain): 2. The opposing party is represented by an attorney: D Yes B No (If you checked ‘yes'. fill in the attorney's name. address. and telephone number. If you checked ‘no', fill in the other party's name address, and telephone number. Pany/Attorney name: AddresslTelephone number: oBeIH 1203-93 gaqutu 3. OTHER CASES: Have the parties to this case been involved in litigation with each other in another Civil. Family. Probate Juvenile.or CriminalCourt Case? DYes m No If ‘yes'.case(s)number(s): 4. NOTICE a. I HAVE given notice to the opposing party and/or their attorney by tho following method: m Personal delivery D Overnight Carrier D First Class Mail m Other: valbally by police Date: 1/7/2021 Time: 339$".- l have received confirmation that the other party has received my papers as follows: (describe) he was told by the police I am filing restraininurders to got him out which will buy him time to leave b. I HAVE NOT given notice of the request for ordels because (Check all that apply. You must explain below): D This is an application for Civil Harassment Prevention Act. Elder Abuse. Pn'vate Postsecondary School Violence. Transitional Housing Misconduct. or Workplace Vaolence Act restraining orders and: Great or irreparable injuty will result before the matter can be heard on notice. D It is impossible to give notice. D The other party agrees to the orders requested. M Other: very enmerson always yelling at me bgt he was told by the police l am filing c. Explanation: D A hearing between the parties is already set I am asking that this motion be heard at the same time. D l am unable to serve the other party in the time required by law. D I fear for my physical safety (and that of others, if applicable). E Other: The police ask me to file restraining orders which will give him time to leave my property I dedare under penalty of perjury that the forgoing is true and correct. 118/2021 Nelly Amas Date Print Name CV50“ REV ”"3““ DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR “9° 1 0' 2 CIVIL RESTRAINING ORDERS ATTACHMENT CV-6014 INSTRUCTIONS Please refer to Santa Clara County Local Civil Rules for more Information. This form ls not for use In restraining order applications filed at Family Court. This form is required in Santa Clara County, if you are asking the Judge to make immediate orders without the other party being present for a hearing. These orders are called ex parte orders. This form must be completed in any case where ex parte orders are requested. If you have given notice to the other side of your case, you must state the form of notice given. Notice means providing the other side of the case. either the attorney or a self-represented party, with copies of any papers that you want the Judge to review and any orders that you are requesting. If you have not given notice, you must explain why you have not given notice. There are some circumstances when notice may be waived. such as cases involving allegations of domestic violence where the safety of a party or a child might be at risk if notice is given. It is up to the Judge in your case to determine whether notice will be required or not. SECTION #1 State whether you are the Petitioner or the Respondent in the case. Once a case is filed, the parties keep the same status in the case. You do not change from the Respondent to the Petitioner by filing a new motion in the case. If you do not have an attorney, you are considered self-represented. SECTION #2 If the other party is represented by an attorney, you must provide the Court with the attomey’s name and address. If the other party is not represented by an attorney, you must provide the Court with the other party's address. SECTION #3 It is very important to list all other cases in which you and the other party have been involved with the courts. This would include other Family Law. Probate, Juvenile, Restraining Order, Child Support, Civil, or Criminal matters. If you do not have the case number, please put unknown and list the county and the year of the filing, if possible. SECTION #4A Unless notice ls excused by tho Court, you must provide notice of this motion to the other party before you deliver a copy to the Court. When you give such notice, specify how you did It (by coufler or personally, for example) and at what time and date. Also, please explain how you know that the other side received copies of your papers and what response you were given. SECTION #48 If you did not give notice of this application, explain why in this section. Check as many boxes as apply. You may also write out any furfller explanation of you! reasons for not giving notice. After this form is completed, attach it to your restraining order application and submit them as follows: o If Civil Harassment. Workplace Violence, Private Postsecondary School Violence, or Transitional Housing Misconduct; to the Civil Division Clerk's Office at 191 North First Street, San José, CA 95113 o If Elder or Dependant Adult Abuse; to the Family Division Clerk's Ofice at 201 North First Street. San José, CA 951 13 CV’5O“ REVWW“ DECLARATION IN SUPPORT OF EX PARTE APPLICATION FOR Pm 2 0' 2 CIVIL RESTRAINING ORDERS