Order Temporary Restraining OrderCal. Super. - 6th Dist.January 19, 2021. CH-1 10 Temporary Restraining Order cmmmd'mm ""‘Mmm‘m FILED Person in ® must complete items ® .® . and® only. 01 /1 9/2021 Protected PersorLL . 2 Clerk of The Courta. Your Full Name; V)W éotmoa 049’“ Superior Court of CA Your Lawyer (ifyou have onefor this case): County Of Santa Clara Name; se'f'Re resented State Bar No.3 21 CH00981 6 Firm Name: m“ By: knguyen b. Your Address (vaou have u lawyer. giveyour lawyer‘s information. . A I lfyou d0 not have a lawyer and wan! Io kee your home address Fm m mun Mme ”d sm‘”m” private. you may ive a dlfleren! mailing a dress instead You d0 no! Superior Court of Califomla. County of have t0 I've tele one, ax, or e-mail. . Addres: 64‘! é) Utffmn‘k 4) {- p 93' 3_ ?Qa1ntficFliagg Street City: San jOJ'e. Smtealipzm ggxgbggsaitgesqfia Telephone: Fax Civil Couhhouse - ms E-Mail Address: Court fills in case number when form is lied. Q) Restrained Person c.“ Nummznl c H 00 98 1 6 Full Name:WW r Description: Sex:D M a F Height:L Weight:L_ Date ofBi h: L "’m Hair Color: JibC-k- EyeColorzgflL Age:g Race: (?‘(CCh \ Home Address (ifknown): City: State: Zip: Relationship to Protected Person: amp w Additional Protected Persons ln addition to the person named in® . the following family or household members ofthat person are protected by the temporary orders indicated below: full Na e gs; Ag; Household Member? Relatio to Prot t d on M(a ?DCC I n vT-l’a‘ F 3L m Yes D No Em. ‘Zfl'D Yes D No D Yes D No a Check here ifthere arc additional persons. List them on an attached sheet ofpaper and wrile “Attachment 3-- Addilional Protected Persons " as a title. You may useform MC-025. Attachment. The court will complete Illa res! oflhisform. G Expiration Date This Order expires a! the end afthe hearing scheduledfor the date and time below: Date: 3 17!Zozl Time:iL- Wam. me. This is a Court Order. mm“c"°"“..' m“”3“” Tempora Restraining Order (CLETS-TCH) CH-11o. 9.991 tsmmmgozgg'n 521.0 ":52” 7Civil Harassment Prevention) ROHCI I ] PVERNO')WWW mama92am” 1 LLgIW" I To the Person in 0: The court has granted the temporary orders checked as granted below. Ifyou do not obey these orders, you can be arruted 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. Personal Conduct Orders D Not Requested DDenied Until the Hearing @Granted as Follows: a. You must not do the following things to the person in® and to the other protected persons listed in ®z (I) E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise). hit. abuse, destroy personal property of, or disturb the peace of the person. (2) a Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by telephone, in writing, by public or private mail. by interomce 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. lfthis item (3) is not checked. the court has found good cause not to make this order. (4) D Other (specify): DOther personal conduct orders are attached at the end of this Order on Attachment 53(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court ewe is allowed and does not violate this order. However. you may have your papers served by mail on the person in CD . Stay-Away Order D Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least 1-- yards away from (check all that apply): (l) The person in G) (7) D The place ofchild care ofthe children of (2) Each person in© the person in ® (3) The home ofthe person in (D (8) m The vehicle ofthe person in® (4) The job or workplace ofthe person (9) D Other (specify): in® (5) D The school ofthe person in® (6) D The school ofthe children of the person in® b. This stay-away order does not prevent you from going to or from your home or place ofemployment. 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, or ammunition. b. You must: (l) Sell to or 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 be done within 24 hours ofbeing served with this Order. _ Thus is a Court Order. quMMWmmW‘“ Tem ora Restrainin Order CLETs-TCH crmom 2 w I p r(yClvllHarassmgntPreveIStlon) ) age 09‘- {11w |VISB Nullluel. I (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may useform CH-800, Proofof Firearms Turned In, Sold, or Stored,for the receipt.) c. D The coun has received information that you own or possess a firearm. Possession and Protection of Animals fl Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D 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 hcr, or reside in his or her household. (Identifi' animals by, e.g., type, breed, name. color, sex.) b. L_l The person in® must stay at least yards away from, and not take. sell, transfer, encumber, conceal, molest, attack. strike, threaten, harm. or otherwise dispose of, the animals listed above. Other Orders w Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end ot'this ()rdcr on Attachment 9. To the Person in o: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be emered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-service form into CARPOS. b. E 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 of business on the date that this Order is made, the person in ®or his or her lawyer should deliver a copy ofthe Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cim State, Zigz D Additional law enforcement agencies are listed at the end ofthis Order on Attachment 10. This is a Court Order. nmm1.m17.mrm Tem ora Restrainin Order CLETS-TCH CH-11o, p 3 '5 ‘ p f(yCivil HarassmgntPreveSItion) ) 398 0-)LB ELL"! L--'9-1-P:H-Hfi-984-°-' No Fee to Serve (Notify) Restrained Person MOrdered 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 ofviolencc, or stalking. b. D The person in® is entitled to a fee waiver. ® Number of pages attached to this Order, if any: 5'9"“ 1"19'2021 ow p” 1-19-2021 C 04/1 LK. (gyfém Judicial ()flicvr CAROL OVERTON Warnings and Notices to the Restrained Person in Q You Cannot Have Guns or Firearms You cannot own, have. possess, buy or try to buy. receive or try lo receive. or otherwise get guns, other firearms. or ammunition while this Order is in effect. lfyou do, you can go tojail and pay a Sl .000 fine. You must sell to or store with a licensed gun dealer, or tum in to a law enforcement agency. any guns or other firearms that you have or control as stated in item ® above. The court will require you to prove that you did so. Date: Notlce Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining Order and form CH-109, Notice ofCour! Hearing, but you do not appear at thc hearing either in person or by a lawyer. and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing. a copy of the order will be served on you by mail at the address in item ®. lfthis address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change. or to find out the duration of the order, contact the clerk ofthe court. After You Have Been Served With a Restralnlng Order o Obey all the orders. o Read form CH-lZO-INFO. How Can I Respond ro a Requeslfor Civil Harassment Restraining 0rders?, to learn how to respond to this Order. - lfyou want to respond, fill out form CH-l 20. Response Io Requestfor Civil Harassment Restraining Orders, and file it with the court clerk. You do not have to pay any fee to file your response ifthe Request claims that you inflicted or threatened violence against or stalked the person in ®. o You must have form CH-l 20 served by mail on the person in ® or that person‘s anomey. You cannot do this yourself. The person who does the mailing should complete and sign form CH-ZSO, ProofofService ofResponse by Mail. File the completed proofofservice with the court clerk before the hearing date or bring it with you to the hearing. - In addition to 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. It is available from the clerk's office at the coun shown on page l of this form or at uww.courts.ca.gov/forms. lfyou do not know how to prepare a declaration. you should see a lawyer. This is a Court Order. "WM'-’°”WM Tem ora Restrainin Order CLETS-TCH CH-11o. P 16m kW p WCMI Harassmgent Prevo(ntlon) ) ”“09un-film gawk - Whether or not you file a response. you should attend the hearing. If you have any witnesses. they must also go to the hearing. t At the hearing. thejudge can make restraining orders against you that last for up to five years. Tell thejudge why you disame 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 lhe order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proofof service on the restrained person. the agency must advise the restrained person ofthe terms ofthe 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 date next to thejudge‘s signature on page 4. The order ends on the expiration date in item ®on page l. Arrest Required lf Order ls Violated If an officer has probable cause to believe that the restrained person had notice ofthe order and has disobeyed the order. the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ). l370|(b).) A violation ofthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticeIProof 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)): o The officer sees a copy ofthe Proofof Service or confirms that the Proofof Service is on file; or o The restrained person was informed ofthe order by an officer. An officer can obtain infonmtion about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified, me agency must advise the restrained person ofthe terms ofthc order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents lo contact with the restrained person. this order remains in efTect 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. § l37l0(b).) This is a Court Order. mmmmmmrm Tam ora Restrainin Order CLETS-TCH CH4“. p 5 f6 l p WCMIHarassmgentPreantlon) ) ago 0-, ‘- Em In,”?TbH009816 | Conflicting Orders-Priorities for Enforcement If more than one restraining order has been Issued. the orders must be enforced according to the following priorities (sec Pen. Code, § I362; Fam. Code. §§ 6383(hx2), 6405(b)): 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. . No Contact 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 or protective order. f4 3. 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 of the civil restraining order remain in effect and enforceable. 4. Family, Juvenile. or 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- Clerk's Certificate I certify that this Temporary Restraining Order is a true and correct copy of the [seal] original on file in the court. Date:___-_. Clerk. by . Deputy This is a Court Order. RMJM1 zen ms” Tem ora Restrainin Order CLETs.1-CH cm”. P e {a | p WON" HarassmgentPreantlon) ) ago o“Em
