Order Temporary Restraining OrderCal. Super. - 6th Dist.January 13, 2021CH-1 1 0 Temporary Restraining Order MSWmmmm‘” Filed Person m ® mus! complete item:®H® and ®only. January 14, 2021 Protected Person Clerk of the Court a. Your Fun Name:mmmmmmmm- Superior Court of CA Your Lawyer (ifyou have onefor this case): county 0f santa Clara Name: State Bar N0:15314; 21 CH00981 5 Firm Name:Wociates By: knguyen b. Your Address (Ifyou have a lawyer, give your lawyer's information. . . , lfyou d0 not have a lawyer and wan! Io kce your home address HI" ow” ”8”” ”a "m" '0‘.” private, you may ive a diflerent mailing a drts: instead. You do no! SW01 Court of Camomll, County of haw Io give telep one. fax. or e-mail‘): Santa Clara . 191 N. First Street Address‘ 925 w dedu-m Street San Jose, CA 95113 City: San Jose Slalc1CLZip29§L Downtown Courthouse Tclcphonc:_L4_Q£J_553;QZQJ___ Fax:W E-MailAddrcss: mnuallflzmassociates com Counnasnmanmlmmnfiod. ® Restrained Person mumfi c H 00 98 15 Full Name: Claira Mommy Dcscriplion: Sex:D M m F Height: 5_'_fi_"_______._ Wcighl:W Dale of Binh: .unknnm- Hair Color: Em..- Eyc Color: HazeJ-_ Agc: 1‘7 Race: Whi te Home Address (:fknown): 1651 Bellevillp Way Apt A Cily: Sunnyvale Stale: CA __. _ Zip:9_4_0.81_ ., Relaliunship lo Protected Person: Fri 9nd ® m Additional Protected Persons ln addition lo lhc person named in ®. lhc l'ulluwing family ur household members of lhal person are prulccled by lhc lcmporary urdcrs indicated below: Full flame fl Ag; Household Member”! Relation Lg Megggg Egfigfl Marianne K Hill F 50 m ch DNo Mother-_ Glen LaBarher M 5.].- D Yes m Nu EatheL__._____ Grant LaBarhpr M 19 m Yes D No BLoLhez- D Yes D No D Check here if there are additional persons. Us! them on an anachrd sheet ofpaper and writ: “Attachment 3- Additional Protected Person: " as a rifle. You may useform M0025. Attachment. The coun will complete Ihe rest ofthixform. ® Expiration Date This Order expires at the end of the hearing scheduledfor the date and rim: below: Dale: 3') q lzo 2’ Tune. q :00 wmm. D p.m. This is a Court Order. mwgmy“” Temporary Restraining Order (CLETS-TCH) c3410. Pm ‘ ommumvmnwamun (Clvll Harassment Prevention) -)WWW (£3m Cm Numbon -2-1-9H-08-98-1-5- To the Person in 0: The court has granted the temporary orders checked as granted below. If you do not obey {hm orders, you can be arrested and charged with a crime. You may be sent lo jail fur up tu one year. pay a fine of up lo $1,000, or both. ® Personal Conduct OrdersD Not Requested D Denied Until the Hearing MGranted as FoIlows: a. You must not do the following things to lhc person in® m and m the other protected pcrsnns listed in®z (l) m Harass. intimidate. molesl. attack. strike. stalk. lhrcatcn. assault (sexually or otherwise). hil‘ abuse. destroy personal property 0f. 0r disturb the peace nf lhc person. (2) m Contact the person. either directly nr indirectly. in any way, including. but no! limited lo. in person. hy telephone. in writing. by public nr private mail. hy interoffice mail. by e-mail, by lcxl message. by fax. or by other electronic means. (3} m Takc any action to obtain the person's address or location. If this item (3) is nm checked. lhc court has found good cause no! lo make this order. (4) D Other (specify): D Other personal conduct orders arc attached at {he end 0f this Order on Allachmenl 53(4). h. Peaceful written contact through a lawyer nr a process server 0r other person for service of legal papers related tn a court case is allowed and docs nm violalc this nrdcr. However, you may have your papers served by mail 0n the person in® . ® Stay-Away OrderD Not Requested D Denied Until the Hearing P(J Granted as Follows: a. You must stay at least LD_L- yards away from (check all (ha! apply).- (l) m The person in® (7) D Thc place of child care of Ihc children of (2) m Each person in® lhc person in® (3) m The home of lhc person in® (8) m Thc vehicle of the person in® (4) m The job 0r workplace of lhc person (9) D Other (specify): in® (S) m The school oflhc person in® (6) D The school of the children of lhc person in® b. This slay-away order docs not prcvcm you from going lo or [mm your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own. possess. have, huy or try tn huy. receive ur try l0 receive. nr in any other way gel guns. other firearms. nr ammunition. b. You must: (l) Scll m or store with a licensed gun dealer. nr turn in m a law enforcement agency. any guns or other firearms in your immediate possession nr mnlml, This must hc done within 24 hnurs 0f being served with this Order. This is a Court Order. ”M '5' ’°" Temporary Restraining Order (CLETS-TCH) cn-no, Pug. 20:;(I3m (Clvll Harassment Preventlon) Case Number: 21cH009815 (2) File a receipt wilh lhc wun within 48 hours of receiving lhis Order lhal proves lhal your guns or firearms have bccn lumcd in. sold. or slorcd. (You may useform CH-800. Proof ol' Firearms Turned ln. Sold. or Slurcd. for the receipt. ) c. D The coun has received information lhal yuu own ur 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 lhc sulc posscssinn. care. and control of lhc animals listed below. which are owned. possessed, leased. kept. nr held hy him 0r her. 0r reside in his or hcr household. (Identify animal: by. e.g., type. breed. Immt. color, sex.) b. D Thc person in® must stay al least yards away from, and not take. sell. transfer. encumber. conceal. molest. attack. strike. threaten. harm. or otherwise dispose of. lhc animals listed above. Other Orders m Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders arc attached at lhc cnd of lhxs Order on Attachment 9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Ordcr must hc cntcrcd into lhc (‘alil‘nmia Restraining and Prnlccmc Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will cnlcr this Order and ils prmf-of-scrvicc form imn CARPOS. h. m The clerk will transmit this Order and its proof-of-scrvicc form u) a law enforcement agency m he entered imo CARPOS. c. D By lhc close of business on lhc dale that this Order is made. the person in (Dar his or her lawyer should deliver a copy 0f the Order and ils prmf-of-scrvicc form lo the law enforcement agency listed below to enter inln CARPOS: Egg of Law Entorccmcnt Agcngy Address (City, Slate, Zim D Additional law enforcement agencies arc listed ax lhc cnd of this Order on Attachment 10. This is a Court Order. “““W‘mm Temporarzénestraining Order (CLETS-TCH) CH-uo. 9.9.31;(EBEm lvll Harassment Preventlon) CmNufitHUo 98 15 No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. m The Order is based on unlawful violence. a credible threat of violence. or stalking. h. D Thc person in® is entitled lo a fcc waiver. Sng‘led 1/14f2021 10 05AM® Number of pages attached lo this Order. if any: 1-14-2021 C 0‘4 UC Wagon Judu'iul ()fflm’r Date: CAROL OVERTON Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own. have. possess. buy nr try m huy. rcccivc 0r try m rcccxvc. or otherwise gcl guns. other firearms. or ammunition while this Order is in effect. If yuu do. yuu can go mjail and pay a Sl .000 finc. You must sell lo or store with a licensed gun dcalcr, or [urn in Io a law enforcement agency. any guns 0r other firearms that you have or control as stated in ilcm ® abmc. Thc court will rcquirc you lo prove lhal you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with lhis Tcmpurary Restraining Order and farm CH-l()9. Nome ofCoun Hearing. bul you do nut appear a1 lhc hearing either in person 0r by a luwycr. and a reslraining order lhal is lhc same as this Temporary Restraining Order excepl for lhc cxpiraliun dale is issued ul lhc hearing. a cupy 0f lhc order will be served 0n you by mail al lhc address in ilcm®. 1f this address is nm correct or you wish m vcn'fy lhal lhc Tcmpnrury Restraining Order was convened into a restraining order al the hearing without substantive change. nr lo find nut thc duration of lhc order. conlact lhc clerk 0f lhc court. After You Have Been Served With a Restraining Order o Obey all the orders. o Read form CH-l 20-INFO. How Can I Respond to a Requesrfor Civil Harassment Restraining Orders ?. lo Icam how lo respond lo lhis Order. - ll' you wanl lo rcspond. fill oul form CH-IZO. Response Io Requestfor Chi] Harassment Restraining Orders. and filc il with lhc coun clerk. You do no! havc lo pay any {cc lu file ynur response if lhc chucsl claims lhat you inflicted or threatened violence against or stalked lhc person in®. - You must havc form CH-IZO served hy mail nn lhc person in ® nr that person’s attorney. You cannot do this yourself. Thc person who docs lhc mailing should complete and sign form CH-250. Proof ofSnw'ce ofResponse by Mail. File lhc completed proof of service with lhc court clerk before lhc hcan'ng dale or bring il with you m lhc hcan'ng. - In addition lo lhc response. you may filc and havc declarations served signed by you and other persons who have personal knowledge of the facts. You may usc form MC-OSO. Declaration. for this purpose. [I is available from lhc clerk's office al lhc coun shoum on page l of this form 0r at wuw.couns.ca.gm[fonns. If you do not know how lo prepare a declaration, you should scc a lawyer. This is a Court Order. MM'S-m Tern ora Restrainin Order CLETS-TCH CH-HO- P 0' “(12“; Erma p ?Clvll Harassmgnt Prevegtlon) ) .9“ 96 Case Nun”W815- - Whether nr not you file a response. you should aucnd lhc hearing. If ynu have any witnesses. lhcy must also go to lhc hearing. - At the hearing. the judge can make restraining orders against you that last for up lo five years. Tell the judge 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 lhc order. or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has nol received proof of service on the restrained person. the agency must advise the restrained person of the terms of 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 next lo lhe judge's signature on page 4. The order ends on lhe cxpiraliun dale in item ®0n page l. Arrest Required if Order ls Violated [f an officer has probable cause lo believe that the restrained person had notice 0f the order and has disobcyed the order. (hc officer must arrcsl thc restrained person. (Pen. Code. §§ 836(c)( l). 1370|(h).) A violation 0f the order may he a vinlalion of Penal Code section [66 or 273.6. Agencies are encouraged t0 cmcr violation messages into CARPOS. NoticelProol of Service The law enforcement agency must first determine if the restrained person had notice of [he order. Consider the restrained person "served“ (given notice) if (Pen. Code. § 836(c)(2)): o The officer sees a copy of [he Proof of Service or confirms lhat the Proof 0f Service is on file; or o The restrained pcrsnn was informed nf the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified, the agency must advise lhc 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 lhc restrained person. this order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting lo contact with the restrained person. The order can be changed only by another coun order. (Pen. Code. § 13710(b).) This is a Court Order. M-m‘5~2°‘° Temporary Restraining Order (CLETS-TCH) CH-no, Pages? (£3 1m (Clvll Harassment Prevention) °‘“‘“’"“"2'1cnoc19815 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(b)): l. EPO: If one of thc orders is an Emergency Protectivc 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-Conlac! Order: If there is n0 EPO. a no-conlacl order that is included in a restraining or protective ordcr has precedence over any other restraining or protective order. 3. Criminal Order: If none of the orders includes a no-conlacl order. a domestic violence protective order issued in a criminal case lakes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. Juvenile, or Civil Order: If more than onc family. juvenile. or other civil restraining or protective order has been issued. the one that was issued last must be enforced. (Clerk willfill ou! this part.) Clerk's Certificate -Clerk's Certificate- [seal] Icertify that this Temporary Restraining Order is a lruc and correct copy of the original 0n file in thc coun. Date: Clerk, by ,Dcputy This is a Court Order. MM" ‘5' ’°" Temporary Restraining Order (CLETS-TCH) eH-no. Page a o4 o(Bm Clvll Harassment Prevention)
