Order Temporary Restraining OrderCal. Super. - 6th Dist.January 21, 2021CH-‘I 1 0 Temporary Restraining Order WWW"mm"m" ””5““ Filed Person m C1) mus! complete items® .® am] C3) anly January 22, 2021 Protected Person - Clerk of the Court a. Your Full Name: r Superior Court of CA Your Lawyer (if) ou haw onefor this case). County 0f Santa Clara Name §glf-Represented slate Bar No; _____ 21 CHoogazo Finn Name:AML- By: knguyen b. Your Address (ljyou haw a lawr'cr gin your [anger 's information. lfyou do no! have a [W)er and mm! lo kee vour home addrc :5 primate mu ma) inc a diflk'ren! mailing a dress instead. You d0 nor Superior Court o! Califomla. County of have to giw Ielep (meld: or\-mail.):k‘ Santa Clara Address: 2 g > hr» 191 N. First Street FIJI in court name and strul address . ‘ \ , 1 7 .. fl f l 191 N. First Street0" _ \ 5“"?AZ'P__ San Jose, CA 95113 Telephone: Civil Courthouse - DTS E_Ma“ Address; - 1" w- ‘ " Cour? fills m case number when form IsM Cu-fldbfiflflo 98 20Restrained Person _ I ¥\\t® Funmme: WA \ny‘cbm C}. x Description: Sex:D M E F Height: ‘ Weight. .’,;( >. ___ Date ofBiYg: $-12 ' l i i 7 Hair Color: ’\ Eye Color: Age: Race: l .49LQ‘fiL Home Address lifknown): If \1[ [- ' wk - KR \x A ' (_ \ I v W _ I (j , City: ' a L\ lezfl Relationship to Protected Person: C Oi D Additional Protected Persons In addition to the person named in® the following family or household members ofthat person arc protected by the tcmpotary orders indicated below: Eull Name Sfi Ag; Household Member? Relalign 10 fiogggtgg £55m D Yes D No D Yes D No _____-_ D Yes D \‘o ___-._, D Check here Iflhere are additional persons l,isl them on an attached sheet ofpaper and wriIe “Anachmenl 3- Additional Protected Persons' as a Iitle. You ma) useform MC -025. Attachment. The court will complete (he rest ofthisform. Q) Expiration Date This Order expires at the end ofthe Imm'ng scheduledfor (ht dale and time below: Date: 3 I 9 w 2" '1 nmc:J_‘QL. gum. D pm. ““m,,,°°"‘°‘°'°""“..-"',.f°':;“'°' Tem ora Restralnln Order CLETS-TCH c3410.? momuka-Jun p ?ClvllHarassmegntPrevorstlon) ) ROHCI [IPV‘EOORN9WWW (13m “METHOD 98 20 To the Person in 0: The court Ins granted the temporary orders checked as granted below. lfyou do not obey these orders. you cal be "rested Ind charged with I crime. You nuy be sent lo jail fur up lo one )car. pay a fine of up lo $1.000. or both. Personal Conduct Orders D Not Requested DDenled Untll the Hearing mcranted as Follows: a. You must not do the following things to thc person in (D and to the other protected persons listed in® : (l) m Harass, intimidate. molest, attack, strike, stalk. threaten, assault (sexually or otherwise). hit. abuse. destroy personal property of, or disturb me peace of the person. (2) Contact the person. either directly or indirectly, in any way, including. but not Iimitcd to. in person. by telephone. in writing. by public or private mail. by interofficc mail. by e-mail. by text message. by fax, or by other electronic means. (3) Take any action to obtain the person‘s address or localion. lf this item (3) is not checked, the court has found good cause not to make this order. (4) D Olhtr (specifi'): DOlhcr personal conduct orders arc attached at the cnd of this Order on Attachment 53(4). b. Peaceful written contact through a lawyct or a process server or other person for service of legal papers related to a court case is allowcd and does not violate this order. However. you may have your papers served by mail on the person in® . Stay-Away Order D Not Requested D Denied Untll the Hearing m Granted as Follows: a‘ You must slay at leastM- yards away from (cha‘k all (ha! apply)- (l) The person in CD (7) D The place ofchild care ofthc children of (2) Each person in© the person in ® (3) m The home ofthe person in® (8) m 111: vehicle of the person in® (4) m The job or workplace ofthc person (9) D Other (sperm): m6) (5) D 'nic school ofthe person in (D (6) D The school ofthc children oflhe 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 my other way get guns. other firearms. or ammunition. b. You must: (l) Sell lo or store with a licensed gun dealer, or tum in to a law enforcement agency, any guns or other firearms in your immediate possession or control. This must be done wimin 24 hours ofbcing served with :his Order. This is a Court Order.Wm ‘-’°"WM Temmm%Restralnlng Order (CLETS-TCH) cu-no, maul;QB gig Ml Harassment Prevention) CasoNum:cH00 98 20 (2) File a receipt with the court within 48 hours ofrccciwing this Order that proves that your guns or firearms have been tumed in, sold, or stored. (You may uscform ('H-800, Proofof Firearms Tumcd 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 Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in (D is given the sole possession, carc. and control ofthe animals listed below. which arc owned. possessed. leased. kept. or held by him or her. or reside in his or her household. (Identify animals by. e.g., type, breed, name, color, sex.) b. D The person in® must slay 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 ofthis Order on Attachment 9. To the Person in o: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Califomia 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. m 111: clerk will transmit this Order and its proof-of-scrvicc 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 (Der 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: Ewe 9fQw Enforcement Agencv Address (Citv, State, Zia; D Additional law enforcement agencies are listed al the end of this Order on Attachment 10. This is a Court Order. “'“JWM’W‘“m‘” Temporary Restraining Order (CLETS-TCH) cn-uo. pagans (JB' 5w (Civil Harassment Prevention) ‘EWWMMU ' ® No Fee to Serve (Notify) Restrained Person mOrdered D Not Ordered 'HIe 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. b. D 1h: person in® is entitled to a fee waiver. smed 1/22/2021 11:04 AM ® Number of pages attached to this Order. if any: -_C) (AW § Date: Judicial ()jficer Carol Overton Warnings and Notices to the Restrained Person in O You Cannot Have Guns or Firearms You cannot own. have. possess, buy or tr) to buy, rccciwc or try m receive, or otherwise get guns. other firearms, or ammunition while this Order is in efiect. lfyou do. you can go tojail and pay a $1.000 fine. You must sell to or store with a licensed gun dcalcr. or turn in to a law enforcement agency. any guns or other firearms that you have or control Is slated in item ® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order [fyou have been personally served with this Temporary Restraining Order and form CH-IO9, Notice ofCourt Hearing, but you do not appear at the 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 lhc hearing. a copy of the order will be scn’cd 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 convened into a restraining order at lhc hearing without substantive change, or to find out thc duration of the order, contact the clerk ofthe court. After You Have Been Served Wlth a Restralnlng Order - Obey all the orders. v Read form CH-120~INFO. How Can [Respond to u Requestfor 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 fce to filc your response ifthc Request claims that you inflicted or threatened violence against or staiked the person in @. - You must have form CH-IZO served by mail on the person in ® or that person‘s attorney. You cannot do this yourself. The pcmn who does the mailing should complete and sign form CH-ZSO. ProofofService ofResponse by Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you lo the hearing. - In addition to the response, you may file and have declarations served. signed by you and other persons who have personal knowledge oflhc facts. You may use form MC-030. Declaration. for this purpose. It is available from the clerk's office at the court shown on page l of this form or at www.courtx.ca.gov/forms. Ifyou do not know how to prepare a declaration. you should see a lawyer. This is a Court Order. “WM' ””ow'" Tam ra Restrainin Order CLETS-TCH cumo. P (IB‘m p0 WCIVII Harassmgent Preve‘nflon) ) ”“01;‘-Em Case Number. - Whether or nol you file a response. you should attend the hearing. lfyou have any witnesses. they must also go to the hearing. o At 01c hearing, the judge can make restraining orders against you that last for up to 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 the order. or has verified its existence on thc California Restraining and Protective Ordcrs System (CARPOS). lflhe law enforcement agency has not received proof ofservice on the restrained person. the agency must advise the restrained person of the terms of the order and then must enforce il. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the dale next to thejudgc‘s signature on page 4. The order end: on the expiration date in item @on page l. Arrest Required if Order Is Violated lfan ofiicer has probable cause to believe that lhc restrained person had notice ofthe order and has disobeyed the order. the oflicer must arrest the restrained person. (Pcn‘ Code. §§ 836(c)(1). 1370103).) A violation ofthc order may be a violation of Penal Code section l66 or 273.6, Agencies arc encouraged t0 enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine irthe restrained person had notice ofthc order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)): o The officer secs a copy of the Proofof Service or confinns that the ProofofScrvicc is on file; or o The restrained person was informed ofthe order by an officer. An officer can obtain infomation about the contents ofthe order and proof of service in CARPOS. If proof of service on lhc restrained person cannot be verified. the agency must advise the restrained person of the terms ofthc order and then enforce it. If the Protected Person Contacts the Restralned Person Even if the protected person invites or consents to contact with the 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 court order. (Pen. Code, § 137l0(b).) This is a Court Order. ”M‘m’”°"'“‘°""'“ Tern ora Restrainin Order CLETS-TCH CH-11o. p39.(m 8"“ p WCMI Harassmgent Preve(ntlon) ) 50196d.- {am WWW Conflicting Orders-Prlorltles for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (sec Pen. Code. § 06.2; Fam. Codc. §§ 6383(hx2). 640503)): l. EPO. Ifonc ofthe orders is an Emergency l’mlvm’re Order (form EPO-OOI) and is more restrictive than other restraining or prolccfivc orders, it has precedence in cn forcemcnt ovcr all other orders. IJ . No Contact Order If there is no EPO, a no-conlacl order that is included in a restraining or protective order has precedence over any other restmining or protcctivc order, 3. Criminal Order: lf none ofthe orders includes a no contact order. a domesfic violence protective order issued in a criminal case lakes precedence in cnforccmcnt m'cr any conflicting civil coun order. Any nonconflicling terms of the civil restraining order remain in effect and enforceable. 4‘ Family. Juvenile, or Cari! Order: If morc than one family, juvenile. or other civil restraining or proxccfive order has been issued. the one that was issued last must be enforced. (Clerk willfill nu! (his pan.) -C|erk's Certificate- Clerk's Certificate [certify that this Temporan' Restraining Order is a true and correct copy of the [seal] original on file in lhc coun. Date:______ Clcrk by _-_________ .Deputy This is a Court Order. MW"’°""""""" Temporary Restraining Order (CLETS-TCH) CH-11o. mews(mm (Clvll Harassment Prevention)
