Request Restraining OrderCal. Super. - 6th Dist.January 11, 2021Request for Civil Harassment Clerk stamps darehere when form is flied, Restraining Orders Read Can 'a Civil Hun'rssnwnt Restraining OrderHe/p Me? (form CH-IOO- INFO) before completing this form. Also fiIl out Corgfidcntial CLETS [ufbrmarion (fbrm CLETS-OOI) with as much information as you know. ® Person Seeking Protection ~ [erWWW COU or c a. Your Full Name: By JAMES JUN CHOI Age: 34 Your Lawyer (ifynu have (major (his case) Name. State Bar NO . FIN in court name and street address: ‘ - V Superior Court of California, County ofan Name: Santa Clara b. Your Address (1/3501! have a lawyer, giveyour Imvyer ’S Santa Clam Superior Court information. [fyou d0 not Izm‘c a lawyer and wan/ t0 keep your homo address private. you may give a differem mailing address 191 Norlh Fll'Sl Sheet \ mslead. You d0 no! have 10 give {clcp/zone.fax. or e-mail.) San Jose, CA 95113 Address: 825 s SAN TOMAS AQUINO ROAD UNIT 2 Court fills in case number when form is filed. City: CAMPBELL Stare: CA Zip: 95003 Case Number: Telephone: 408-646-9983 Fax: 2 1 C H 0 U 9 8 1 0 E-Mail Address: JAM0.0PPA@GMAIL.COM ® Person From Whom Protection Is Sought Full Name: CONSUELO LOUISE MOORE Age: I 40 Address ({fkmmvr): S SAN TOMAS AQUINO ROAD City: CAMPBELL State: CA Zip: 95008 Additional Protected Persons a. Arc you asking for protection for any other family 0r household members? YCS D N0 Ifyes, list them: FullNamc Sex Ag; Lives withvou? How arc thevrclatcdto you? KYOUNG HCHOI E 63 Yes D N0 Parent D Yes D N0 I D Yes D No D Yes a N0 D Check here ifthere are more persons. Attach a sheet ofpaper and write "Altaclmzenl 3a-Addiri0nal Protected Perxons "jbr a title. You may uxcjlbrm MC-025, Atmchmerzr. b. Why d0 thcsc people nccd protection? (Explain below): D Check here jfihere 1's no! enough spacefor your answer. Put your complete answer on‘rhe attached Sheet 0f paper wg/iu'm MC-025 and “Tile "AI/aclmzem 3b#Why Others Need Proteclion "'I/br a rifle. Four tlmt Consuelo Moore is mentally unstable and will harm mt: and the protected persons. up.“ siijsin‘bt' La“ ¢f6h= Judnual Councxl ol Cahfpmla. www.c0ur1‘s.ca.gov Rewmanm1.2013,.mdanm Request for Civil Harassment Restraining Orders CH'WO’ Pag“ 0f 8 Code of Civil Procedure‘ §§ 527.6 and 527‘9 (Civn Harassment Prevention) ‘9 Generated by Guide and File Case Number: GD ® G) Relationship of Parties How d0 you know Ihc person in ® ‘3 {Explain below): [:I Clzez-k here {fthere is nor enough .spaceforyour answer. Puryom' complete answer 0n the altaclzcd sheet 0f paper orfbrm MC-025 and mile "A tmc/mlcnt 4-Relafionship ofPartieS "for u title. NEIGI IBOR Ven‘ue Why arc you filirng in this county? {Check a]! rho! apply): a‘ The person in® lives in this county. b. D l was harassed by the person in® in this county. "‘ c. D Other (specgfi'): Other Court Cases a. Have you ur any ol‘Lhc persons named in®bccn involved in another c0ur1 case with thc pcrsOn in ®? D Yes E N0 {[lyes, clmvk vac]: kind ofcase and indicare where and when each wasfiled.) Kind pl‘Casc Filed in (glomggfimrez Year Filed Case Number fifimouw) (I) U Civil Harassment (2) D Domestic Violence (3) D Divorce, Nullilyq Legal Separation (4) D Paternity, Parcntagc, Child Custody (5) D Elder 0r Dependent Adult Abuse (6) D Eviction (7) D Guardianship (8) D Workplace Violence (9) D Small Claims (10) D Criminal (l l) D Other (specify): b. Arc there now any protective or rcstraining orders in effect relating lo you 0r any ot‘the persons in© and Lhc person in®'.’ N0 D Yes (life’s. attach a copy ifyou Izavc one.) Description of Harassment l‘Iarassment means violence or threats ofviolence against you, or a course ofconcluct that seriously alarmed, annoyed. or harassed you and caused you substantial emotional distress. A course Ofconduct is more than one act. i1. Tell [11c coun about the last time the person in® harassed you (1 ) When did it happen? (provide dare 0r estimated date): 12/24/2020 (2) Who else was there? There was a neighbor that witnessed the attack and she called the police. I do not have the witness' name. T_ :Lféf'is--npt.a courtiigdrd‘e‘rg “WWW“ ”0'3 Request for Civil Harassment Restraining Orders CH'WO’ Page 2 [“5 (Civil Harassment Prevention) .\ '9 Case Number: ® a. (3) 110w did tho person in ®lnu'ass you? {Erp/m'n below: ~E Check here ifrhere i5 nor enough spaceforyom‘ answer. [’ulyom' complete answer 0n {/16 attached .V/m’t rg/‘papcr orjbl'm M0025 and write "A(tachmenl 7a(.?)ch’scribc Harassment "jbl‘ a Iitlc. (4) Did the person in® use m' threaten to use a gun 01‘ any other weapon? B Yes N0 ([fycs. explain below): D (.‘Iwc’k here [f'rlzere f5 not wrong}! Apucefbryozu‘ tmsww‘. Putyom‘ complete unxwel' 0n [Ire attached .w'rccrr (g/‘paper Oi‘form #10025 (mt! write "Airac/Jment 7c!(4)-Use 0f Weapons "for a rifle. (5) Were you harmcd 0r injured bccuusc ofthe harassment?- Yes D No (Ifyes. airplain below): D (Track hem fftlzere is m)! (enough xpacefor your answer. Put your complete (mswcn' 0n £116 attached x/wct ofpapcr' orform MC-U25 am! write "Atmclzmem 7a(5)-Harm or Injury ”for a til/e. Consuelo punched me with u closed fist on my head and face on the sidewalk 0f San Tomas Aquino Road. My nose, temple and lips were bruised and l still have pain. Consuelo also grabbed my eyc glasses From my face and threw it r0 thc ground and it broke. (6) Did [11c police come? ch D No H‘ycs‘ did they give you 01' the person in® an Emergency Protective Order? D Yes E N0 Ifycs, Ihc order protects (L'lzcck all that appIy): D Me D The person in® D The persons in ©. {Alma}: a copy oflhe order [/"you have one.) b. Hus Ihc person in® harassed you a1 other times? D Yes No {Uilreg describe prim'incidents audpl'ovfdcdutex qf/mrassmenrbelow): D Check here {/‘1/mre is no! enough spacejbryow answer. Pm your complete answeryn 1/26 attached sheet 0f paper orjhrm MC-025 and write "Armc/Hnenr 7b-P/‘mrious l-I'm'assmem "jbr a title. .. -.-.u. T s.snotac R”"-“’“a”“~”‘"'m Request for Civil Harassment Restraining Orders CH-100u Page 3 °f5 (Civil Harassment Prevention) a Case Number: Check the orders you want. E ® PersonalConduct Orders I ask lhc court 10 order the person in ® not l0 d0 any oflhe Following things to me 0r lo any person lo be protected listed in©z a. Hurass, intimidate. molest attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy _ personal preperty of‘ or disturb the peace 0fthe person. b. Contact thc person, cithcr directly 0r indirectly, in any way, including, but not limited to, in person, by tcluphunc, in writing, by public or private mail, by interofficc mail, by c-mail, by text message, by fax, 0r by other electronic means. C. D Other (Specify: D C'lzcck here rj‘there i5 n01 enough spacefor your answer. Pu! your complete answer 0n (lie attached Sheer ofpaper Ol'jbrm 11-10025 and wrirc "Attaclmzent 86-Olher Personal Conduct Order's, "fiv‘ a {£116. ~\ TIM) person i1! ® will be ordered not Io lake any aclion (o gel Ike addresses 0r localions Q/‘0Hy protectedpersou un/ax‘x t/m courtflmix good cause not to make the order. ® Stay-Away Orders a. I ask lhc court lo order the person in® to stay at leastfl yards away from (check all that apply: (l) Me. (8) D Myvchiclc. (2) E The other pcrsonslistcd in © (9) D Other (specify): (3) E Myhomc. ( ( 4) Myjob 0r workplace. 5) (6) (7) D B My school. D My children‘s school. D My children’s place ofchild care. \ b. lfthe court orders the persou in ® to stay away from all the places listed above, will he or she still be able to gel l0 his 0r her home‘ school. orjob? YCS D N0 (Ifno, explain below): D Chuck here (filter? is not enough spacejbryour answer. Puryour complete answer on the attached Sheet 0f paper m'jbrm MC-025 and write "A(tac/nnenr 9b-Stay-Away Orders, "jbr a title. Guns or Other Firearms and Ammunition Docs the pcx’son in® own 0r posscss any guns 0r other fircanns? D Yes D N0 E I don‘t know [/‘I/Ic'jm/gu grams (r pr‘orec‘n've order. 1/19 person in® will be pro/ribitedfiom owning, possessing, purchasing, receiving. or attempting Io purc/mxv or receive. a gun, orhcrfirecmn. and ammunition while ffte protective order {.9 in cffl'ecl. Theperson in ® will alw be ordered to tum in r0 law eigfbrccmenl, orsell r0 orstore with u [iwnxcd gm: dealer, any guns orfimzrms within his 0r her immediate possession 0r control. This‘ is nota Cour; Oinderr' Revised January 1. 2018 Request for Civil Harassment Restraining Orders CH'WUv P8994 0’5 (Civil Harassment Prevention) ‘ 9 Case Number: n» ® Temporary Restraining Order , l request that u Temporary Restraining Order (TRO) be issued against the person in® to last until the hearing. I am presenting form CH-l 10, Temporary Restraining Order, for the court’s signature together with this Request. Hus lhc pcrson in® bccn 101d that you wcrc going l0 go l0 court lo scck a TRO against himfher? D ch No ([fyou answered no, explain why below): U Check here ifllzere is :10: enough spacejbr your answer. Pm‘ your complete answer on the a(lached sheet 0f paper mj/nrm MC-025 and write “/Iitczc-Innenl I iATempomry Restraining Order”jbr a title. I do not mm: Consuclu's intbmmliun such 115 phone number, I am unsure it' lhc police dcpunmcnt told her [hat We urc seckmg a TRO. ® Request to Give Less Than Five Days' Notice of Hearing You must havcyom' papers persormfb’ served 0n the person in ® a! leaslfive days before 11m hearing. uniess [he couri orders a shorter timefbr service. (Form CH-200-INFO explains What ls “Proof ofPersonal Sewicc"? Farm (.‘H-200, Proof of Personal Service. may be used 10 show the cour! that (he papers have been served.) ifyou want there t0 be fewer than five days between service and the hearing, explain why below: D Chev}: here [ftlrel'e is Hot enough spacefor your ansum‘. Put your complete answer 0n the arrached sheet 0f paper orjbrm MC-025 and mile "Attachment 12-Request r0 Give Less 771cm Five Days ' N0tice"f0r a title. | am afraid for my safety. .x ® No Fee for Filing or Service a. Tllcrc should be no filing fcc because thc person in ® has used 0r threatened t0 use violence against mt; has stuikcd mo, 0r has aolcd or spoken in some other way that makes Inc reasonably fear violence. 1 b. Tho shcriffor marshal should serve (notify) the person in® about the orders for free because my request for orders is based on unlawful violence, a credible threat ofviolencc, 0r stalking. c. There Should be 110 filing fcc and the sheriff 0r marshal should serve thc person in ®for free because I am cntitlcd to a fcc waiver. ( You must complete andfileform FW-UO], Application for Waiver of Court Fees and Costs z) ' . Lawyer's Fees and Costs [115k the court L0 order payment Ofmy D lawyer’s fees Court costs. Thc amounts requested arc: Item Amount Item Amount attorney l‘ccs $ TBD “ $ court filing fees $ TBD $ $ S I D Check here if(lzerc are more fiems. Pu! the items and amounts 0n the aflached Slleel ofpaper orform M0025 and write "Altac/nucur l4--Laufvcr'5 Fees and Costs "jbr a n'tle. l s'ho‘t'a.-d¢u:rt.'76*r;‘h_ér;" Revised January 1. 2018 Request for.Civi| Harassment Restraining Orders CH-100. Page 5 of6 (Civil Harassment Prevention) '9 Case Number: @ Possession and Protection of Animals I ask the court t0 order the following: That 1 be givcn the sole possession, care, and control 0fthc animals listed below, which I own, possess, lcasc. kccp, 0r hold, 0r which reside in my household. (Identify animals by, c.g., (1720, breed, name. color, sex.) dog, Halls, Yorkshire Ten'ior. Black/brown, 5le l request sole possession of lhc animals because (specify good c:cmsejbr grunting order): D Check here {'frlzere is no! enough Spacefor your answer. Pu! your complete anxwer 0n the allaC/zed .v/mct quaper vl‘farm MC-Oli and write "Attachment lja-Poszvcsxvion Q/"Artz'malx "for a title. My dog Halle was with mo when Consuelo physically attacked me. I fear she will attack my dog too. That [he person in®must stay at least 100 yards away from. and not take, sell, transfer, encumber. conceal. molest, attack, strika threaten. hann, 0r otherwise dispose of, the animals listed above. D Additional Orders Requested I ask Illc coun t0 make the following additional orders (specify): D Check here {filtere is not enough spaceforyom' answer. Putyour complete ansufier 0n the attached sheet 0f paper ur form MC-025 and write "Attachment I6-Adn'iti0nal Orders Requested, " for a title. ® Number ol‘pagcs attached lo this l‘onu, ifany: 5 Date: § Lunjver s name (?J‘ (my) Lawyer's Signature I declare under penalty ol'pteLuy under the laws ofthe Stale of Califomia that the information above and 011 all attachments is (me and correct. Date: 01/04/2021 JAMES JUN cum JON“? 5 Ck 0‘ ?xs/JAMES JUN cum Type 0r primyour name Sign yourname . U R"'“‘"“"”a“’ "2°13 Request for Civil Harassment Restraining Orders CH-100- Page 6 0f 6 (Civil Harassment Prevention) x MC-025 SHORT T|TLE; JAMES JUN CHOI vs. CONSUELO LOUISE MOORE CASE NUMBER? CH-ll)0 Attachment 73(3) - Describe Harassment (This Attachment may be used with any Judicial Council form.) 1 was walking my dog and I saw Consuelo across the street 'Ln front ofhcr house and I was 011 the other side 0f lhc street on lhc sidewalk. I stopped l0 pick up after my dog when Consuelo came across the street towards when: I was. l thought Consuelo needed t0 pass me so I moved to a neighbors driveway to allow Consuelo t0 puss but she approached me and started calling me "Chink" and "faggot" and “go back t0 your country." Consuelo looked undcr thc influence or offhcr medication. She had a look 0n hcr face and I knew I should not interact with her. I stancd walking away t0 avoid confrontation. Consuelo started yelling and running towards mt: "D0 you think [‘m Fucking kidding?! !" and when I turned around, she was already at my face. I was 0n Ihc witness' driveway when Consuelo started punching my head and face. I still had my dog 0n one hand and his bug in another hand. The witness heard and came out 0f her house. When I saw her I started telling herI don't know who this lady is that's hitting mo. At that time, Consuelo started t0 hit me again and pulled my glasses from my face and threw them 0n the ground where they broke. When the witness said she is calling the cops, Consuelo ran back home. Cops arrived about 5 minutes later 21nd spoke with the witness and me for about, 10 minutes. The cops left without arresting Consuelo and I did not/do not feel safe. The police department called me 0n 12/26/2020 t0 say that Consuelo Moore has been arrested. (If the item mar this Attachment concerns is made under penalty ofperjury, all statements in (his Page of A(lachment are made underpena/ty ofperjury.) {Add pages as required) Form Approved for Optional Use AWACHMENT www. coum'nfoxagov Judicial Councfl o! Calilornia MC-ozisev.July 1.2009] t0 JUdiCial CounCil Form MC-ozs SHORT TITLE: JAMES JUN CHO] vs. CONSUELO LOUISE MOORE CASE ”UMBER: CH-IOO Attachment: Pctitioncr‘s List. of Exhibits (This Attachment may be used with any Judicial Council form.) Exhibits for Most Recent Incident 0f Harassment Exhibit #1 pholus ofinjmy - This is zl true and conccl copy Ufa picture ofmy swollen lip and injured liose that I took l hour after Consuelo Moore punched me with a closed I'lsl. Exhibit #2 photo ot'brokcn glasses - This is 21 true and conect copy ofa picture ofmy eycglasscs lhal I took l hour after Consuelo Moore grabbed [hum from my face 21nd broke thcm after she punchcd mc with a closad fist. 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