Order Temporary Restraining OrderCal. Super. - 6th Dist.January 25, 2021C H-1 1 0 Temporary Restraining Order cm “lam”“M”m" '°”" '3"N Flled Perm" in ® mus! complete items® ,,® and @only. January 25: 2021 Protected Person Clerk of the Court a. Your Full Name: be \OS M C S superior Court Of CA Your Lawyer (ifyou have onefor this case): ‘ county 0f santa C|ara ame: §elf-Represented gm Ba, No; 21 CH009323 Firm Name: Self-Represgmgd By; knguyen b. Your Address (lfyou have a Imnwer give your lawyer 3 information. lfyuu do no! have a laW) er and mm! (a kee your home address private ) ou may I've a difleren! mailing a drevs ins.tead You do nor Superior Court of Californla. County o! have lo give rele one far, or e-mail Santa Clara Fill in court name and street lddnss: Address; 191 N. First Street City; 191 N. First Sttreet San Jose, CA 95113 T°"Ph°“‘1- Civil Courthouse- DTS E‘Mail Address: Cour? fills in case number when ban is find c .® Restrained Persono’el 1 a" Nenm H 00 98 Z 3 Full Name: v I hw‘ 3aWe g Description: Scx:D M F Height: Weight:%cezDale ofBirth: _ ill; 7/6é.Hair Color:LE olor:lgfifwlfij. V‘CXlCQ Y‘ Home Ad ss”(if awn): (I N«C5101 C, #L/ City: L U6 State:fl- . __ ij: II‘ Relationship to”Protected Person: D . A H‘ Additional Protected Persons [n addition to the person named in Q) , the following family or household members of that person are protected by the temporary orders indicated below: I FulIName _ _S'_e‘>_( fig; Household Member? Relationto Protected Pang- , - . _ , 1Yes ONO _ t _____ Yes a No D Yes D No D Check here Ifthere are additional persons. List (hem on an attached sheet ofpaper and write "Allachment 3- Addin’ona! Protected Persons " as a title. Yau may useform MC-025. Attachment. The court will complete the res! oflhisform. Expiration Date This Order expires a! the end ofthe hearing scheduledfar the date and time below: Date: 3 ’8 ZQ 7 l Timc‘Mg am. D p.m. This is a Court Order. “,M,,°°""°'°‘“"T,~m“'m ”“3“” Tem ora Restrainin Order CLETS-TCH CH-11o. momuéflmhmufim p ?CivilHarassmgntPrevergtion) ) ROHCI I) N9 W“"°°’ .mgEM CmN ?TEH009823 To the Person in 0: The court has granted the temporary orders checked as granted below. lfyou do not obey these orders. you cnn be arrested and charged with a crime. You may be sent to jaiI for up to one year, pay a fine of up to $1.000, or both. Personal Conduct Orders . D Not Requested DDenied Until the Hearing meranted as Follows: a. You mus( not do the following things lo the person in® LJ and to the other protected persons listed in @z (l) E Harass, intimidate, molest. attack. strike. stalk, threaten, assault (sexually or otherwise). hit, abuse, estroy personal property of, or disturb (he peace of the person. (2) Contact the person, either directly or indirectly, in any way, including. but not limited to, in person. by telephone, in writing. by public or private mail. by interofficc mail, by e-mail, by text message. by fax, or by other electronic means. (3) D Take any action to obtain the person‘s address or location. lfthis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specify).- DOther personal conduct orders are attached at the end of this Order on Attachment 53(4). b. Peaceful written conmct through a lawyer or a process server or other person for service of legal papers related to a coun case is allowed and does not violate this order. However. you may have your papers served by mail on the person in (D . Stay-Away Order D Not Requested D Denied Untll the Hearing m Granted as Follows: a. You must stay at least _$ 6'0 * _.. yards away from (check all (ha! apply): (l) The person in® (7) D The place ofchild care ofthe children of (2) J Each person in© the person in ® (3) WThc home of the person in® (8) D’I‘he vehicle of the person in® (4) a Thcjob or workplace ofthe person (9) D Other (jpemfi): in® l]t"" M qw‘" c’ ' (5) D 111a school ofthe person in® Lam '04 1"" H Ina r01 (“(A1 alga (6) D 111C school ofthe children ofthc person in (D b. This stay-away order does not prevent you from going to or from your home or place ofemployment. ® No Guns or Other Flreanns and Ammunition a. You canno! ovm. 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 tum in to a law enforcement agency. any guns or other firearms in your immediate possession or control. This must bc done within 24 hours of being served with this Order. This is a Court Order. wmnnumm Tem ora Restrainin Order CLETs-TCH cu-11o.P 20M GB i m p 76M] Harassmegnt PreverStion) ) .9. 9 3. l' (2) File a receipt m'th the court within 48 hours ofrcceiving this Order that proves that )our guns or firearms have becn turned in, sold. or stored. (You may uscform ("H-800, Proofof Fireanm Turned In. Sold. or Slorcd.fnr the receipt.) c. D The coun has received information that )ou 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® is given the sole possession, care, and control ofthc animals listed below, which Ire owned. possessed, leased. kept. or held by him or her‘ or rcsidc in his or her household. (ldcnlifl' animals by, e.g., type, breed, name, color, sat.) b‘ D 111: person in® must stay at least )ards a“ a_v from, and no! take, sell. transfer, encumber. conceal, molest. attack. strike. threaten. harm. or otherwise dispose of. the animals listed above. Other Orders h Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end ut‘lhis ()rdcr on Attachment 9. To the Person in o: Mandatory Entry of Order Into CARPos Through CLETs This Order must bc entered into the California Restraimng and Protective Order System (CARPOS) through the California Law Enforccmcnt Telecommunications System (CLETS) (Check one).- a. D The clerk will enter this Order and its proof-of-service fotm into CARPOS. b. m The clerk will transmit this Order and its proof-of-scn icc form to a law enforcement agency to bc entered into CARPOS. c. D By the close of business on the date that this Ordcr is made. the person in @or his or her lawyer should deliver a copy of the Order and its proof-of-scrvicc form (o the law enforcement agency listed below to enter into CARPOS: Name ofLaw EnfgrcememAgencx ss " ' Stat i D Additional law enforcement agcncics arc listcd a1 lhc end ufthis Order on Altachmcnl 10. This is a Court Order. 'W‘““‘""’°"“""""""“ Tempora Restralnln Order CLETS-TCH cn-m, meson GB u.“ f(yCMI Harassmgnt Prevesmon) ) '9‘- mm Can Number: 91QH009823 ® No Fee to Serve (Notify) Restrained Person mowered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. m 111C Order is based on unlawful violence, a credible threat ofviolcncc, or stalking. b. D The person in® is entitled to a fee waiver. ® Number of pages attached to this Order, ifany: . Slow h252021 02 25 PM um. C(Mai COMFKOVI Judicial (”flaw CAROL OVERTON Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot mm. haw. possess, buy or tr) to buy. receive or try to receive, or othemise get guns. other firearms. or ammunition while this Order is in effect. lfyou do, you can go tojail and pay a 5| .000 fine. You must sell to or store with a licensed gun dealer. or turn in to a law enforcement agency. any guns or other firearms that you have or control as stated in item ® above. 111C court will require you to provc that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Ordcr and form CH-109, Notice ofCourt Hearing, but you do nol 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 issucd at thc hearing. a copy ofthc order will bc sencd on you by mail at lhc address in item ®. If this address is nol 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 of the coun. After You Have Been Served With a Restraining Order - Obey all the orders. - Read form CH-llO-INFO. How Can l Respond I0 u Requestfor ('1‘le Harassment Restraining Ordeal“, to Icam how to respond to this Order. - If you “am lo respond. fill out form CH-l20. Response lo Requeslfor Civil Harassment Restraining Orders. and file it with the court clerk. You do not have to pay any fcc lo file your response ifthc Request claims that you inflicmd or threatened \‘iolcncc against or stalked the person in® - You must have form CH-l 20 served by mail on the person in ® or that person‘s anomcy. You cannot do this yourself. 11w person who docs the mailing should complete and sign form CH-ZSO. ProofofSen'ice ofResponse by Mail. File the completed proof of service m‘th the court clerk before the hearing date or bring it with you to the hearing. - In addition lo ‘hc response. you may file and have declarations served. signed by you and other persons who have personal knowledge ofthe facts. You may use form MC-030. Declaration. for this purpose. It is available fiom the clerk's office at the court shown on page l of this form or at w»w.cour!s.ca.gov/forms. Ifyou do not know how to prepare a declaration, you should sec a lawyer, This is a Court Order. "WM‘WW'" Tem ora Restralnln Order CLETS-TCH cumo. moo «aQB u.“ p ?Clvfl Harassmgent Preve‘ntlon) ) ‘ ‘9.m- Em Case Number: ZICHOU 9823 0 Whether or not you file a response. you should attend the hearing, Ifyou have any witnesses. they must also go to the hearing. o At the hearing. lhejudge can make restraining orders against you that last for up to five years. Tell thejudge why you disagrcc 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 the California Restraining and Protective Orders System (CARPOS). Ifthe law enforcement agency has not received proof of service on the rcstraincd person. the agency must advise the restrained person oflhc 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 date next to thejudgc's signature on page 4. The order ends on the expiraflon date in item ®on page 1. Arrest Required if Order ls Violated [fan officer has probable cause to believe that the restrained person had notice oflhe order and has disobeyed the order. the officer must arrest the restrained person. (Pen. Code. §§ 836(c)(1). l370|(b).) A violation ofthc order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine iflhe restrained person had notice of the order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)): o The officer sees a copy ofthc Proofof Service or confirms that !hc Proofof Service is on filc; or o The restrained person was infommed ofthc order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. lfproofofservice on the restrained person cannot be verified. the agency must advise the restrained person of the terms of the ordcr and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthc 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 to contact with the restrained person. "nlc order can be changed only by another court order. (Pen. Code, § I3710(b),) This is a Court Order. “MMm‘-’°"“"“"°'"°"“ Tem ora Restrainin Order CLETs-TCH cu41o, p sou (I3W p WCivil Harassmgent Preve(nt|on) ) 39° ‘9¢- P3” CuoNumbonzchoo98 23 Conflicting Orders-Prlormes for Enforcement If more than one testraining order has been Issued, the orders must be enforced according to the following priorities (see Pen. Code. § 136.2; Pam. Code. §§ 6383(hx2). 6405(b)): I. EPO: lfonc ofthc orders is an Emergency Proievlive 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 nwontact order {hat is included in a restraining or protective order has precedence over any other restraining or protective order. 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 morc Khan onc family,juvcnile, or other civil restraining or protective order has bccn issued. the onc that was issued last must be enforced. Clerk's Certificate [seal] wmmon Winnm‘m‘- '1” (Clerk willfill ou! (his pan.) Clerk's Certificate- I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date:____ Clerk. by_____ ,Deputy This is a Court Order. Temporary Restraining Order (CLETS-TCH) cu-no. moods (Clvll Harassment Prevention)
