Notice New Hearing Date Order on ReissuanceCal. Super. - 6th Dist.January 13, 2021CH-1 16 Order on Request to Continue Hearing Complete items ® and® only. ® Protected Party: Kathyrn LaBarber ® Restrained Party: Claire McEvoy The court will complete the rest of this form © Next Court Date mea a.MWWWWWflXWWWMXW‘ (l) Any Temporary Restraining Order (form CH-l 10) already granted stays in full force and effect until the next court date. (2) Your court date is not rescheduled because: Clerk stamps date here when form ls filed. F I I- E L APR 1 6 2021 Clerk of the Court Supe ’ o! A County ol Santa Clara Fill in court name and street address: Superior Court of California. County of Santa Clara 191 N. lst St. San Jose, Ca. 95113 Fill in ease number. Case Number: 21CHOO9815 b. m The request to reschedule the coun date is granted. Your court date is rescheduled for the day and time listed below. See ® - for more information. Name and address of court, if different from above: New DatezwALZDZJ-Time: 1‘30 pm 191 N lst St-, San Jose, Ca Court Dept.:9___ Room: Date ® Temporary Restraining Order a. D There is no Temporary Restraining Order ('I‘RO) in this case until the next court date because: (1) D A TRO was not previously granted by the court. (2) D The court tenninates (cancels) the previously granted TRO because: b. WA Temporary Restraining Order (TRO) is in full force and effect because: Warning and Notice to (1)mummmixmmnmmmwmxm.msmwl - the Re_strained Party. p“(b It now expires on (date):W TW If (Db ‘5 Cheekeda a cw” (Ifno date is listed, the TRO expires at the end ofthe court date listed in 3b.) order has been issued (2) m The court changes the TRO previously granted and sign a new TRO (form CH-l 10). c. D Other (specifiz): harassment restraining against you. You must follow the orders until they expire. This is a Court Order. mfiflficz“o$o°fm%%“w Order on Request to Continue Hearing CH’HS' "9° 1 2':°°°‘°'c"""'°°'°‘""“2”“5”'° (Temporary Restraining Order) (CLETS-TCH) “CHE 1Em (Civll Harassment Prevention) Kathryn LaBarber Cm Number: 21CH009815 ® Reason Court Date ls Rescheduled a. m There is good cause to reschedule the court date (check one): (l) D The protected party has not served the restrained party. (2) m Other: in effect (with some modificarionq in the CHI!“ fj|ed bereujrh)andMWQWMLQQmmLmL WJmtm b. D This is the first time that the restrained party has asked for more time to prepare. c. D The court reschedules the court date on its own motion. Sewing (Giving) Order to Other Party The request to reschedule was made by the: a. m Protected party (l) D You do not have to serve the restrained party because they or their lawyer were at the court date or agreed to reschedule the court date. (2) D You must have the restrained b. L] Restrained party (l) D You do not have to serve the protected party because they or their lawyer were at the court date or agreed t0 reschedule the court date. (2) D You must have the protected c. D Court (l) D Further notice is not required. (2) D The court will mail a party personally sewed with a party personally served with a copy of this order to copy of this order and a copy copy of this order by all parties by of all documents listed on form (date): (date): CH-109 item (9 , by (date): (3)m You must serve the restrained (3)D You must serve the protected (3) D Other: party with a copy of this order. This can be done by party with a copy ofthis order. This can be done by mea mail. You must serve by mail. You must serve by (date): 5W:- (date): 04/20/2021 (4)m Othe (4)D Other: Ago sewe 5y email to opposmg counsel. glam This is a Court Order. Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) Kathryn LaBarber CH-116, Page 2 of 3 9 Case Number: 21CH009815 ® No Foo to Serve (Notify) Restrained Person D Ordered m Not Ordered The sheriff or marshal will serve this order for free because: a. D The order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in ® is entitled to a fee waiver. D Other Orders WJS.Q¢AM Date: April 16, 2020 Judicial Ofiicer Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available ifyou ask at least five days before the hearing. Contact the clerk’s office or go to www.courts.ca.gov/forms.htm for Requeslfor Accommodations by Persons With Disabilities and Response {form MQ-410L (Civ. Code, § 54.8.) Instructions to Clerk If the hearing is rescheduled and the court extended, modified, or terminated a temporary restraining order, then the court must enter this order into CLETS or send this order to law enforcement to enter into CLETS. This must be done within one business day from the day the order is made. --Clerk's Cerfificate- Clerk’s Certificate l certify that this Order on Request to Continue Hearing (Temporaly Restraining [seal] Order) (CLETS-K‘Ifl is a true and correct copy of the original on file in the court. Date:___ Clerk, by , Deputy This is a Court Order. Wm“’°°° Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TCH) (Clvll Harassment Prevention) CH-116, Page 3 of3 Kathryn LaBarber MEMDED e 5am ae eraw nonnisi CH-110 Temporary Restraining Omar cm ' p5“ h he f "ed Pcrwn in ® mus! complete items® ® and @only. F I I EProtected Person a. Your FullNamc: Kathryn M LaBarber APR 1 6 2021 Your Lawyer (zfyou have one for this case): Name: Robert R Powell Stale Bar NO.:15914_7___ Firm Name: Powell & Associates b. Your Address (Ifyou have a lawyer. give your lawyer's information. Ifyou do not have a lawyer and wan! Io kee your home address private, you may give a dlflerent mailing a dress instead. You d0 not Superior Court of California, County of Fill in court name and street address: have Io give telephone,fax, or e-mail.): Santa Clara ‘1 . 191 N. lst St.Address. 925 w Heddlna Street San Jose, CA 95113 City: San Jose Slalc:CAZip:9_5l26- Telephone: (408) 993-0201 Faxw E-Mail Address: 320 Coun r7175 m case number when tom» is rTIed. Restrained Person ca“ "“mb‘"21CH009815 Full Name: Claire MrEvoy Description: Sex:D M m F Height:m_- Weighl:W Dale of Birth: .unknom-____ Hair Color: Emm- Eyc Color:Hazel- Agc: 11-. Race: Caucasianlflhilze- Home Address (ifknown): 1651 Bellevi 119 Way Apt A City: Sunnvvale Stale: C‘A Zip: 94087 Relationship lo Protected Person: Friend ® m Additional Protected Persons In addition l0 the person named in (D , the following family 0r household members ol' lhal person are protected by lhe temporary orders indicated below: Full Name Sg Ag; Household Member? Relation l0 Protected Person Marianne K Hill F 50 mch DNO Mother Glen LaBarber M 51 m Yes DNO Father Grant- T.aRarber M 19 m Yes DNO Brother D Yes D N0 D Check here if there are additional persons. List them on an attached sheet ofpaper and wrile “Attachment 3- Additional Protected Persons" as a title. You may use form MC-025. Attachment. The court will complete the rest 0fthisform. Actual hearing date/fime Expiration Date 5/24/21 1:30 p.m., but 5/25/2I This Order expires at the end ofthe hearing scheduledfor the date and time below: at 5300 P-m- IS expiration- Dale: 5/25/2021 Timc: 5-00 Dam. Epm. This is a Court Order. fifificgfi'ggfmmfim“m Temporary Restraining Order (CLETS-TCH) CH-11o, Page 1 ore coaoucmwyocomm.»sz7.em527.s (Civil Harassment Prevention) 9 Approvod byDOJ CEB.\mm‘fironns- Glen LaBarber Case Number: 2 lCH 0 O 9 8 1 5 To the Person in 9: The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent t0 jail for up to one year, pay a fine of up to $1,000, 0r both. Personal Conduct Orders D Not Requested D Denied Until the Hearing meranted as Follows: a. You must not do the following things to the person in® m and to the other protected persons listed in@: (l) m Harass, intimidate, molest, attack, strike. stalk, threaten, assault (sexually 0r otherwise), hit, abuse, destroy personal property of. or disturb the peace 0f the person. (2) m Contact the person. either directly 0r indirectly. in any way, including, but not limited lo, 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) m 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 to make this order. (4) m Other (specify): DOIher personal conduct orders are attached at [he end 0f this Order 0n Attachment 5a(4). Must: stay 10 feet away from the protected person while mea attenjj Hg the same schcc] (Exception m Sta}! away Qrder See Ga 9) b. Peaceful written contact through a lawyer 0r a process server or other person for service of legal papers related t0 a court case is allowed and docs not violate this order. However, you may have your papers served by mail 0n [he person in @. ® Stay-Away OrderD Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least 10.0-- yards away from (check all that apply): (l) m The person in G) (7) D The place of child care 0f the children of (2) D Each person in® the person in ® (3) m The home of the person in CD (8) D The vehicle of the person in G) (4) m The job or workplace of the person (9) m Other (specify): in® mmmmmm- (5) D The school of the person in® lacrosse_£iald._ch.ang.ing_£acili1;iea._ (6) D Th6 SChOOl 0f [he Children Of [he and parki na 'Inf duri ng 'larrnqqe person in® aameq and prarrirpq b. This slay-away order does nol prevent you l'rom going to or from your home or place 0f 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, 0r ammunition. b. You must: (l) Sell t0 0r store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. This must he done within 24 hours 0f being served with this Order. This is a Court Order. Rev.Ma‘mn15.2me Tem ora Restrainin Order CLETS-TCH CH-11o, p 2 f5 Egg.m p f(yCivilHarassmegntPreverstlon) ) 39° °9Glen LaBarber Case Number: 2 lCHO O 9 8 1 5 (2) File a receipt with [he court within 48 hours of receiving this Order lhal proves lhal your guns or firearms have been turned in. sold, 0r stored. ( You may useform CH-800, Proof of Firearms Turned In, Sold, 0r Stored, for Ihe receipt. ) c. D The court has received information that you own 0r possess a firearm. Possession and Protection of Animals m Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given [he sole possession. care, and control 0f the animals listed below, which are owned, possessed, leased, kept. or held hy him 0r her, or reside in his or her household. (Identify animals by, e.g., type. breed, name, color, sex.) b. D The person in® must stay at least_ yards away from. and not lake, sell, transfer. encumber. conceal. molest, attack, strike, threaten. harm, or otherwise dispose of. [he animals listed above. ® Other Orders m Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end ul‘ this Order on Attachment 9. To the Person ino: 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. m The clerk will enter this Order and its proof-of-scrvicc form into CARPOS. h. D The clcrk will transmit this Order and its proof-of-scrvice form lo a law enforcement agency t0 he entered into CARPOS. c. D By the close of business on the dale that [his Order is made. [he person in @or his 0r her lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below lo enter into CARPOS: Name of Law Enforcement Agencv Address (Cm; State, Zigz D Additional law enforcement agencies arc lietcd at the cnd ofthis Order on Attachment 10. This is a Court Order. M.u._ms.2o19 Tem ora Restrainin Order CLETS-TCH CH-11o, p 3 g5 CEB p 70M! Harassmgnt Prever(mon) ) 396 09 cu... Em Glen LaBarber Case Number: 2 lCHO O 9 8 1 5 No Fee to Serve (Notify) Restrained Person DOrdered m Not Ordered The sheriff or marshal will serve this Order without charge because: a, D The Order is based on unlawful violence, a credible threat of violence. or stalking. b. D The person in® is entitled to a fee waiver. ® Number 0f pages attached lo [his Order, if any: D__- W} 6 . dvtM Judiviul ()ffiwr Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own, havc, possess. buy or try m buy. rcccivc ur try lo rcccivc. or otherwise gel guns. other firearms. or ammunition while this Order is in effect. If you do. you can g0 l0 jail and pay a $1 .000 fine. You must sell lo or store with a licensed gun dealer, 0r turn in l0 a law enforcement agency. any guns 0r other firearms that you have or control as Date: April 16, 2020 slated in item ® above. The court will require you I0 prove lhal you did so. Notice Regarding Nonappearance at Hearing and Service of Order ll' you have been personally served with lhis Temporary Restraining Order and form CH-109, Notice ofCourt Hearing. bul you do nol appear a1 lhc hearing either in person 0r by a lawyer, and a restraining order lhal is [he same as this Temporary Restraining Order except for the expiration dale is issued at lhc hearing, a copy of the order will be served 0n you by mail al lhe address in ilem®. [f this address is not correct or you wish Io verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change, 0r to find out lhc duration of the order, contact (he clerk 0f the court. After You Have Been Served With a Restraining Order - Obey all the orders. - Read form CH- l 20-INFO. How Can I Respond to a Requestfor Civil Harassment Restraining Orders ?. to learn how I0 respond lo this Order. - If you want [0 respond, fill out form CH-IZO, Response Io Requestfor Civil Harassment Restraining Orders. and file il wilh lhe court clerk. You d0 n01 have l0 pay any fee lo file your response if the Request claims lhal you inflicted or threatened violence against or stalked lhe person in® - You must have form CH-120 served by mail 0n lhc person in CD or that person’s attorney. You cannot do [his yourself. The person who docs the mailing should complete and sign form CH-250, ProofofSen/ice ofResponse by Mail. File the completed proof of service with the court clcrk before the hearing date 0r bring it with you lo the hearing. o In addition [0 the response, you may file and have declarations served. signed by you and other persons who have personal knowledge of the facts. You may use form MC-030. Declaration, for this purpose. II is available from the clerk's office at [he court shown on page l 0f this form or at www.courts.ca.gov/forms. If you do not know how lo prepare a declaration, you should see a lawyer. This is a Court Order. “?'“i'm‘s'm‘g Tern ora Restrainin Order CLETS-TCH CH-11o, P 4 rs (B;m p WCivil Harassmgnt Prevesnion) ) age 09 am... Em Glen LaBarber Case Number: 2 lCHO 0 9 8 l 5 - Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also g0 lo the hearing. o At the hearing, the judge can make restraining orders against you that last for up lo five years. Tell lhejudge why you disagree with the orders requested. Instructions for Law Enforcement 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, 0r 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 terms 0f the order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the dale ncxl lo the judge’s signature on page 4. The order ends on lhe expiration dale in ilcm @on page l. Arrest Required if Order ls Violated If an officer has probable cause lo believe that Lhe restrained person had notice 0f the order and has disobeyed [he order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation 0f the order may he a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. Notice/Proof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “served” (given notice) if (Pen. Code, § 836(c)(2)): o The officer secs a copy of [he Proof 0f Service or confirms [hat the Proof of Service is on file; 0r u The restrained person was informed 0f the order by an officer. An officer can obtain information about the contents 0f the order and proof of service in CARPOS. If proof of service on [he restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce il. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents lo contact with [he restrained person. [his 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 order can be changed only by another court order. (Pen. Code. § I37 l 0(b).) This is a Court Order. “f"‘Mi'WS-m‘g Temporary Restraining Order (CLETS-TCH) CH-11o, Page sore CH3}m (Civil Harassment Prevention) 9M‘ -- Glen LaBarber Case Number: 2 lCHO 0 9 8 l 5 Conflicting Orders-Priorities for Enforcement If 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(h)(2), 6405(h)); l. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOI) and is more restrictive 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-conlact 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 [he orders includes a no-contacl order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicling terms 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 willfill out this part.) Clerk’s Certificate -C|el’k's Certificate- [seal] [certify [hat [his Temporary Restraining Order is a true and correct copy of the original 0n file in the court. Dale:-- Clerk, by , Deputy This is a Court Order. nev.Ma.vcn1s.2o19 Tem ora Restrainin Order CLETS-TCH CH-110, P 6 f6 CH3 p [YCivll Harassmgnt PreveSItion) ) 39° °MEM Glen LaBarber