Order Restraining Order After HearingCal. Super. - 6th Dist.January 21, 2021CH 130 Civil Harassment Restraining Clem stamps dare here whenrormis filed. Order After Hearing G) l’wzmn m ‘31 mm! cnmp/utc irwm®.®. um]© only. Protected Person a. Your Full Name: Brianna Yooko Proost Your Lawyer (ifyou hare onvfnr this case) Name: State Bar No.: Firm Name: b. Your Address (Ilium hare a lawyer. giwyuurlawyer's iutbrmarirm. Ifyou (In no! haw u lawyer and wan! I0 keep your home uddrms private. you may give u difllwcnl mailing address inslmd. You do no! Fill in court name and street addiess: Superior Court of California. County of haw m give tvlvphmzctfln', 0r c-mail.) Santa Clam Address: I919 Georgetta Drive Civil Division City: San Jose Suite; CA Zip: 95125 191 Nonh Flrst Street San Jose, CA 95] l3 Telephone: Fax: E-Mail Address: Cour! fills in case number when form is filed. Restrained Person Case Number: Full Name: Glenn Barry Gonzalez 21CH009819 Description: Sex: E M D F Height: 6'0 Weight: 170 Date of Birth: Aug 28. I964 Hair Color: grax/brown Eye Color: hazel Age: 56 Race: Trinidadian Home Address (U'knmrn): 1595 Edmond Court City: San Jose State: CA Zip: 95l25 Relationship t0 Protected Person: Uncle G) D Additional Protected Persons In addition to the person named in© the following family or household members ofthal person are protected by the orders indicated below: Full Name §e._x Ag; Lives with vou‘.’ How are they related to vou'.’ D Yes D No D Yes D No D Yes D No D Yes D No D Chcck here ifllwre are additional persons. List them (m (m attached sheet ()fpuper and write “Allachmenr 3- Atidilimml Protected Persons " as a title. You may uscjbrm M0025, Attachment. Expiration Date This Order. exceprjbr any award oflmvyer ’s fees. expires at Time: [fig z D a.m. firm}. D midnighton (duly); 3/]1 /Z,OL’£ I I lfno expiration dale is written here. this ()rdcr cxpirm Ihrcc years from the date of issuance. This is a Court Order. $332533?§3fga‘Lifi'daammFg‘?,g"‘“9°” Civil Harassment Restraining Order After Hearing CH-130. Page 1 of6 Cod 040v: I , n Approvedbylgoojoduo §§52763 65279 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 2 1 CH0098 1 9 Heafing a. There was a hearing on (dale): Mar 16, 2021 at (lime): 9:00 AM in Dept; 4 Room: (Name ijmliciul Qflicer): Comm. Erik Johnson made the orders at the hearing. b. These people were at the hearing: (l)fl The person in@. (3) D The lawyer for the person in G) (name): (2) D The person in@. (4) D The lawyer for the person in® (name).- D Additional persons present are listed at the end ot‘this Order on Attachment 5. c. D The hearing is continued. The parties must rclum lo court on (date): at (time): To the Person inQ: 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. E] Personal Conduct Orders a. You must not do the following things to the person named in® D and t0 the other protected persons listed in @z (l) E Harass, intimidate. molest. attack, stn'ke, stalk. threaten, assault (sexually or otherwise). hit. abuse, destroy personal property of, or disturb the peace of the person. (2) E Contact the person, either directly or indirectly, in any way, including, but not limited lo, in person, by telephone, in writing. by public or private mail. by intcroffice mail, by e-mail, by text message, by fax, or by other electronic means. (3) E Take any action to obtain the person‘s address 0r location. 1f this item (3) is not checked, the court has found good cause not t0 make this order. (4) D Other (specify): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful written contact through a lawyer or process server or other person for service of legal papers related to a court case is allowed and does not violate this Order. ® E Stay-Away Orders 3- You must stay at least 300 yards away from (check all rim! apply): (l) E The person in CD . (7) D The place ofchild care ofthe children 0f (2) D Each person in@. the Person in® - (3) E The home ofthe person in® . (8) E The vehicle of the person in@. (4) E The_iob or workplace of the person (9) D Other (wwm’: in (D ' ' (5) D The school ofthe person in G). (6) D The school ofthe children ofthe person in G) b. This stay-away order does not prcvcnl you from going t0 0r from your home or place of employment. This is a Court Order. “Www‘m‘g Civil Harassment Restraining Order After Hearing CH-130v P8992 0'6 (CLETS-CHO) -> (Civil Harassment Prevention) Case Number: 2 l CH0098 l9 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, or ammunition. b. If you have not already done so. you must: . Within 24 hours of being served with this Order. sell Io or store with a licensed gun dealer. or turn in to a law enforcement agency. any guns or other firearms in your immediate possession 0r control. o 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 uniform CH-80l), Proof of Firearms Turned 1n, Sold, or Stored,f0r the receipt.) O . D The court has received information thal you own 0r possess a firearm. d_ D The court has made the necessary findings and applies the firearm relinquishment exemption under Code of 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 Q/i/ircurm(s)): The firearm must be in his 0r her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even ifexempt under California law, the person in® may be subject t0 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: Item Amount lte Amount S $ D Additional items and amounts are attached at the end 0f this Order on Attachment 9. D Possession and Protection of Animals a. D The person in @is given the sole possession, care, and control of the animals listed below, which are owned, possessed, leased, kept, or held by him 0r her, 0r reside in his or her household. (Identifi' animals by. e.g.. type, breed. name. color, sex.) b. D The person in® must stay at least yards away from, and not take, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, 0r otherwise dispose of, the animals listed above. ® D Other Orders (spectfi'): D Additional orders are attached at the cnd of this ()rdcr 0n Attachment 1 l. Rev March 15. 2019 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETS-CHO) (Civil Harassment Prevention) CH-130. Page 3 of6 9 Case Number: 21CH0098 1 9 To the Person in O: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining 21nd Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. E 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 ofbusiness on the date that this Order is made, the person in® or his or her lawyer should deliver a copy 0f the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (C111; Stage. 2in D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. D The person in® personally attended the hearing. No other proof of service is needed. b. 8The person in® did not attend the hearing. (1) K Proof of service of form CH-l IO. Temporary Restraining Order. was presented to the court. The judge‘s orders in this fonn are the same as in fonn CH-l 10 except for the expiration date. The person in must be served with this Order. Service may be by mail. (2) U Thejudge‘s orders in this form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® 0r@-must personally serve a copy of this Order on the person in®. m E No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. E The Order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in (D is entitled t0 a fee waiver. @ Number of pages attached to this Order, if any: Date: March l6, 2021 W: .lm ()mu'r ERIK S JOHNSON This is a Court Order. R" “m" ”2°” Civil Harassment Restraining Order After Hearing CH4”. P399 4 °'6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CHOOQR I 9 arning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item 8d is checked. you cannot own. haw, possess. buy 0r try Io buy, receive or try to receive, 0r otherwise get guns. other fircanns. or ammunition while this Order is in effect. lt‘you d0, you can go to jail and pay a SLOOO 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. Thc court will require you Io 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 on the Califomia Restraining and Protective Order System (CARPOS). lflhe law enforcement agency has not received proof ofsen’icc on the restrained person. and the restrained person was not present at the court hearing. the agency must advise the restrained person ol‘the Icnns oflhe Order and then must enforce it. Violations of this Order arc subject Io criminal penalties. Start Date and End Date of Orders This Order smrrx 0n the date next t0 Ihcjudge's signature on page 4 and ends on the expiration date in item@on page 1. Arrest Required If Order ls Violated Ifan officer has probable cause to believe that (he restrained person had notice 0fthe order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( I ). l3701(b).) A violation ofthe order may be a violation of Penal Codc section I66 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof of Service The law enforccmcm 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)): The officer sees a copy of the Pruq/‘Q/‘Scn'ivc or confinns that the PmQ/‘QfSen'icc is on file; or The restrained person was at the restraining order hearing or was informed ofthe order by an officer. An officer can obtain infonnmion about the comcms ot' the ordcr and proofofsen'ice in CARPOS. lfproofofservice on the restrained person cannot be verified and the restrained person was not present at the court hearing. the agency must advise the restrained person of the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents t0 contact with Ihc restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting 0r consenting t0 contact with the restrained person. The orders can be changed only by another court order. (Pen. Code. § I3710(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page 5 of6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15. 2019 Case Number: 2 1 CH0098 l9 Conflicting Orders-Priorities of Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code. § 136.3; Fum. Coda. M 6383/12;(2). 6405(h/./ l. EPO: If one ofthe orders is an Enwrgvnqv Pmn'rliw Order (form EPO-OO] ) and is more restrictive than other restraining 0r protective orders. it has precedence in enforcement over all other orders. 7. Nu-C'mmu'! Onlvr: Ifthere 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. 3. Criminal Ordw': [f 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 coun order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. Juvenile). 0r Civil Order: Ifmore than onc family. juvenile, or other civil restraining 0r protective order has been issued, the one that was issued last must be enforced. Clerk 's Certificate (Clerk willfill (m! this part.) [seal] -Clerk's Certificate- I certify that this Civil Humm'mcn! Rusrmining Order After Hearing is a true and correct copy ofthe original on file in the court. Date: Clerk. by , Deputy This is a Court Order. R“ “3“”‘5'2m9 Civil Harassment Restraining Order After Hearing CH'130. P3966“ (CLETS-CHO) (Civil Harassment Prevention)
