Order Restraining Order After HearingCal. Super. - 6th Dist.January 12, 2021CH 130 Civil Harassment Restraining Clerk stamps date here whenrormis filed Order After Hearing G) Person in 6) mus! COIIJpIere items®,®, and© only. Protected Person a. Your Full Name: Ricardo Vicente Sinense Your Lawyer (tfyou have onefbr this case) Name: self-represented State Bar No.: Firm Name: self-represented b. Your Address (D’you have a lawyer. give your lawyer‘s iry’orman'on. [fyou d0 not have a lawyer and want t0 keep your home address Fifl in courf name and street address: private, you may give a diflerenr mailing address instead. You d0 not superior Court of California. County of have r0 give telephone, fax, 0r e-mar’l.) Santa Clam Address: 1950 San Ramon Ave. Apt. 1 Civil Division City: Mountain View State:CA Zip: 94043 191 North Flm Street San Jo‘se, CA 95 I 13 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Person Case Number: Full Name: Igor Kulikov 21CH00981 1 Description: Sex: M D F Height: 5'10" Weight: 180 Date of Birth: Jul 7, 1967 Hair Color: brown Eye Color: brown Age: 53 Race: Caucasian Home Address (ifknown): 1950 San Ramon Ave. Apt. 2 City: Mountain View State: CA Zip: 94043 Relationship to Protected Person: next-door neighbor Additional Protected Persons In addition to the person named in 6), the following family or household members 0f that person are protected by the orders indicated below: FullName E Age Lives with v_0u? How arethev relatedto You? Jane Catherine Sinense F 65 Yes D N0 wife D Yes D N0- Yes D No D Yes D No D Check here ift/zere are additional persons. List Ilzem on cm attached sheet ofpaper and wrire “Armchment 3-- Addirional Protected Persons " as a rifle. You may useform M'C-025, Attachment. Expiration Date This Order, avccptfor any award oflawyer’sfees, expires at Time: [Z 15’? D am. E p.m. D midnighton (dare); Z/é [/21 If no expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. Judi' Co iI {Calif i, , . . ' ' ' ' ' .Reffi'm“?§§mhfljammggfimww” CIVII Harassment Restraining Order After Hearing CH 130. Page 1 ore Cod {CivflPr , A .9 .9 Appreosed by DOoJcedure §§52763nd 527 (CLETS-CHO) (Civil Harassment Prevention) Case Number: 21CH009811 ® Hearing a. There was a hearing on (date): AQr 6 2021 at (time). 2: 00 PM in Dept.: 4 Room: (Name ofjudicial' oflicer). Comm. Erik Johnson made the orders at the hearing, b. These people were at the hearing: (1) EThe person in®. (3) D The lawyer for the person in ® (name): (2) E- The person in®. (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end 0fthis Order on Attachment 5. c. D The hearing is continued. The parties must return t0 court 0n (dare): at (time): To the Person in9: 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. ® I Personal ConductOrders You must not do the following things t0 the person named 1n (D and t0 the other protected persons listed 1n ©. (1) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace 0fthe person. (2) I Contact the person, either directly 0r indirectly, in any way, including, but not limited t0, in person, by telephone, in writing, by public 0r private mail, by interoffice mail, by e- mai1, by text message, by fax, or by other electronic means. (3) I Take any action to obtain the person’s address or location. Ifthis item (3) is not checked, the court has found good cause not to make this order. (4) Other (specifil): D Other personal conduct orders are attached at the end of this Order 0n Attachment 6a(4). aggressive 0r obscene gestures b. Peaceful written contact through a lawyer or process server or other person for service oflegal papers related t0 a court case is allowed and does not violate this Order. Stay-Away Orders a~ You must stay at least 15 yards away from (check all that apply): (l) The person in® . (7) D The place ofchild care 0f the children of (2) Each person in@. the Person in® - (3) The home 0fthe person in CD . (8) IlThe vehicle ofthe person i116). (4) Thejob 0r workplace OfIhe pqrson (9) m Other specfllm@. If orohr 0/04, Ac! INC/Vak (5) D The school ofthe person in ® re ntf‘fll”! F?"ly frfifl Comm: J- - (6) D The school ofrhe children orthe 69’“ k h” 6“”- ~ 3‘ 5"“"“1 - grit, Mar} 51w ,g 4 ,4.”person 1n@. r7 a’hk Lozfl‘ o" A+ SAANJLA b This stay-away order does not prevent you from going to or”from your home 0r place ofemployment pr I 7. This is a Court Order. Rev‘Ma'mfi-m‘g Civil Harassment Restraining Order After Hearing CH-130v P6932“ (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009811 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy 0r try t0 buy, receive or try to receive, or in any other way get guns, other firearms, 0r ammunition. F" Ifyou 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 0r other firearms in your immediate possession or control. - File a receipt with the court within 48 hours ofreceiving this Order that proves that your guns or firearms have been tumed in, sold, or stored. (You may useform CH-800, Proof of Firearms Turned In, Sold, or Stored,f0r the receipt.) c. B The court has received information that you own or possess a firearm. d, D The court has made the necessary findings and applies the firearm relinquishmem exemption under Code 0f 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 offircamz(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 ofemployment. 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: llem' Amount Ite ' Amount $ $ D Additional items and amounts are attached at the end ofthis Order on Attachment 9. Possession and Protection of Animals a. The person in ®is given the sole possession, care, and control ofthe animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Identify animals by, e.g., rype, breed, name, color, sex.) dog, Bichon Fn'se, white. female, "Mindy"; cat, Tortoiseshell. darkj’light brown, female, ”Dinda" b. The person in® must stay at least 15 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 (specify): D Additional orders are attached at the end OfIhis Order 0n Attachment 11. This is a Court Order. RW‘Mafh‘s‘m‘g Civil Harassment Restraining Order After Hearing CH-130: P8983 °f5 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009811 T9 the Person in O: ® Mandatory Entry of Order lnto 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. The clerk will enter this Order and its proof-of-service form into CARPOS. b. 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 ofbusiness 0n 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 0f Law Enforcement Agency Address (C1114 Stare. Zia! D Additional law enforcement agencies are listed at the end 0fthis Order 0n Attachment 12. ® Service of Order on Restrained Person a. R The person in® personally attended the hean’ng. No other proofofservice is needed. b. D. The person in® did not attend the hearing. (1) D Proof 0f service of form CH-l 10, Tempormy Restraining Order, was presented t0 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 served with this Order. Service may be by mail. (2) D Thejudge‘s orders in this form are different from the temporary restraining orders in form CH-I 10. Someoneabut not anyone in®0r®-must personally serve a copy of this Order on the person in ®. m No Fee to Serve (Notify) Restrained Person The sheriff 0r marshal will serve this Order without charge because: a. The Order is based on unlawful violence, a credible threat ofviolence, 0r stalking. b. D The person in® is entitled to a fee waiver. ® Number of pages attached t0 [his Order, if any: Date: April 6, 2021 icialM! This is a Court Order. Civil Harassment Restraining Order After Hearing CH'130' P3994°f5 (CLETs-CHO) '9’ (Civil Harassment Prevention) ERIK S. JOHNSON Rev. March 15. 2019 Case Number: 21CHOO9811 Warn'ing 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 or try to buy, receive 0r try to receive, or otherwise get guns, other firearms, 0r ammunition while this Order is in effect. Ifyou d0, you can go tojail and pay a $1,000 fine. You must sell to 0r store with a licensed gun dealer, or tum in to a law enforcement agency, any guns or other firearms that you have 0r control as slated 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 proofofservice 0n 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 must enforce it. Violations 0f this Order are subject t0 criminal penalties. Start Date and End Date of Orders This Order starts on the date next to thejudge‘s signature on page 4 and ends on the expiration date in item®on page I. Arrest Required If Order ls Violated If an officer has probable cause to believe that the restrained person had notice ofthe order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701 (b).) A violation 0fthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged t0 enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine if the restrained person had notice ofthe order. Consider the restrained person “served" (given notice) if(Pen. Code, § 836(c)(2)): The officer sees a copy OfIhe ProofofScWice or confirms that the ProofofSewice is 0n file; 0r The restrained person was at the restraining order hearing 0r was informed OfIhe order by an officer. An officer can obtain infomlation about the contents ofthe order and proofof service in CARPOS. prroofofservice 0n the remained person cannot be ven‘fied and the restrained person was not present at the court hearing, the agency must advise the restrained person ofthe terms OfIhe order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents t0 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, § l37lO(b).) This is a Court Order. RWMa'ch‘svzo‘E’ Civil Harassment Restraining Order After Hearing CH'130u Page 50*5 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009811 Conflicting Orders-Priorities of Enforcement lf 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(11)(2), 6405(b).) l. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOI) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. . No-Conmc! 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 0r 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 0f the civil restraining order remain in effect and enforceable. 4. Family, Juvenile, 0r Civil Order: Ifmore than one family,juvenile, or other civil restraining 0r protective order has been issued, the one that was issued last must be enforced. Ix.) b.) Clerk's Certificate ‘ (Clerk willfill 0m this part.) [SGUU --Clerk's Certificate- I certify that this Civil Harassmenr Restraining OrderAfler Hearing is a true and correct copy 0fthe original on file in the court. Date; Clerk, by , Deputy This is a Court Order. “9“”3’3‘15'20‘9 Civil Harassment Restraining Order After Hearing CH-130n P3995“ (CLETs-CHO) (Civil Harassment Prevention)
