Order Restraining Order After HearingCal. Super. - 6th Dist.January 27, 2021CH 130 Civil Harassment Restraining Clerk stamps date here when formis filed. Order After Hearing G) G) [’w'mn m \L mm! L'ump/etc iwmx® ..® und© (ml): Protected Person l L Ea. Your Full Name: Phuong Nguyen Your Lawyer (Ifyou have onefor this case) JUN _ 2021 Name: State Bar No.: Firm Name: b. Your Address (Ifyou have a lawyer. gi\'c_\'0ur lawyer '5 filibrmution. Ifyou do nor have a lawyer (md mm! t0 keep your home address Fill in court name and s IQ! address: private. you may give a different mailing address inxlvad. You do nor . t Superior Court of California, County of haw m giro telephone, far, 0r e-muzl.) Santa Clara Address: R31 Spindrift Ave Civil Division City; San jose State: CA Zip: 95134 191 North First Street San Jose. CA 95] l3 Telephone: Fax: E-Mail Address: Cour? fills in case number when form is filed. Restrained Person Case Number: FullNamc: JizhiPan 31CH009834 Description: Sex: E M D F Height: 5'4 Weight: I40 Date ofBinh: unk Hair Color: Gray Eye Color: Brown Age: 7O Race: Chinese Home Address (ifknown): 83l Spindrift Ave City: San Jose State: CA Zip: 95134 Relationship t0 Protected Person: None E Additional Protected Persons In addition to the person named in® the following family or household members of that person are protected by the orders indicated below: Eull Name Q Ag; Lives with you? How are they related tg ygu'.’ Vu Luu M 42 E Yes D No Spouse Luna D Luu F IO E Yes D No Daughter Yen Nguyen F 68 E Yes D N0 Mom E Yes D No D Check hcrc [fthere are additional persons. List them 0n an attached sheet ofpaper and write ”Attachment 3- Addin'mml Pratc'ctcd Persons " us a rifle. You may uscfbrm MC-025. Attachment. Expiration Date This Order. exceptfor any award oflawyer‘s fees. expires at Time: [2 :{E D a.m. Xpm. B midnighlon (duty); (fl /LO Lyv I lf n0 expiration date is written here. this ()rdcr expires thrcc ycurs from the date 0f issuance. This is a Court Order. :jcgflug'ggg'mg‘mgmmw Civil Harassment Restraining Order After Hearing CH-130- P399 1 0'5 VI r . n 7goggidobylgrofiwue §§5276: 652 9 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009824 ® Hearing a. There was a hearing on (date): Jun 1 2021 at (time): 2:00 PM in Dept.: 4 Room: (Name ofjudicial officer): Comm. Erik Johnson made the orders at the hearing, b. These people were at the hearing: (1) he person in®. (3) D The lawyer for the person in CD (name): (2) The person in®- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end of this Order on Attachment 5. c. D The hearing is continued. The parties must retum to court 0n (date): at (time): To the Person in 9: 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 d0 the following things to the person named in (D E and t0 the other protected persons listed in ©z (1) 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) E 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 interoffice 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 or location. If this item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specifi'): 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 a~ You must stay at least 300 yards away from (check all that apply): (1) E The person in G) . (7) E The place of child care of the children of (2) E Each person in @. the Person ind) - (3) D The home of the person in® . (8) E The vehicle of the person in®. (4) [a The job or workplace of the person (9) E Other (specifi); 1n® Exception: You must stay at least 2 yards away from (5) E The school ofthe person in ® persons in 1 & 3 and their vehicles and their property (6) [XI The school ofthe children ofthe at the baCk “the house‘ person in G) . b. This stay-away order does not prevent you from going to or from your home 0r place of employment. This is a Court Order. R" “3”" ”2°19 Civil Harassment Restraining Order After Hearing CH-130, Page 2 °f5 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 l CH009824 No Guns or Other Firearms and Ammunition a. You cannot own. possess, have. buy or try to buy. receive or try t0 receive, or in any other way get guns, other firearms. or ammunition. b. Ifyou have not already done so, you must: . Within 24 hours ofbeing served with this Order, sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns 0r other fireanns in your immediate possession or control. - File a receipt with the court within 48 hours ofrcceiving this Order that proves that your guns or firearms have been turned in. sold. 0r stored. (You may uxcfbrm CH-800, Proof of Firearms Turned In, Sold, or Storeder the receipt.) O . D The court has received information that you own or possess a firearm. d. D The court has made the necessary findings and applies the firearm relinquishmenl exemption under Code of Civil Procedure section 527.9(0. Under California law, thc person in® is not required to relinquish this firearm (specify make. model. and Syria! number (4/:Iircurm(s)): The firearm must be in his or 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 [he person in _ the following amounts for D lawyer‘s fees D costs: [[Qm m um Ite Amgun; $ S D Additional items and amounts arc attached at the end ofthis Order on Attachment 9. D Possession and Protection of Animals a. D The erson in is iven the sole ossession. care. and control ofthe animals listed below, which areP g P owned. possessed, leased. kept, 0r held by him or her, or reside in his or her household. (Identifi' animals by. e.g.. type. hrevd, name. color. sax.) b. D 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. ® D Other Orders (specify): D Addifional orders are attached at thc cnd 0t‘this ()rdcr on Attachment l l. Rev Mach 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: 21CH009824 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and 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 fonn 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 G) 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 Addre§§ (gig. State, Zigzz D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a.flu The person in® personally attended the hearing. No other proof of service is needed. b. D The person in® did not attend the hearing. (1) D Proofof service of form CH-l 10, Temporary Restraining Order. was presented to the court. The judge's orders in this fonn are the same as in form CH-l 10 except for the expiration date. The person in must be served with this Order. Service may be by mail. (2) D Thejudge‘s orders in this form are different from the :emporary restraining orders in form CH-l 10. Someone-but not anyone in® or @--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 [his 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® is entitled to a fee waiver. ® Number of pages attached to this Order, if any: Date: June l, 2021 .lm/Iclu 0(qu ER|K S JOHNSON This is a Court Order. R"”"°"‘5'2°’9 Civil Harassment Restraining Order After Hearing CH‘130v 9399““ (CLETs-CHO) '9 (Civil Harassment Prevention) Case Number: 21CH009824 arning and Notice to the Restrained Person in 0: You Cannot Have Guns or Firearms Unless item Rd is checked, you cannot own, have, possess, buy or try t0 buy, receive or try to receive, or otherwise get guns. other firearms, or ammunition while this Order is in effect. Ifyou d0, you can go lojail and pay a $1,000 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. Thc court will require you I0 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 California Restraining and Protective Order System (CARPOS). lfthe law enforcement agency has not received proofof service 0n the restrained person. and the restrained person was not present at the court hearing, the agency must advise the restrained person 0f the tenns of the Order and then must enforce it. Violations of this Order are subject Io criminal penalties. Start Date and End Date of Orders This Order Starts 0n the date next to the judge's signature on page 4 and ends on the expiration date in item@on page l. Arrest Required If Order Is Violated 1f an officer has probable cause t0 believe that the restrained person had notice of the order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ), l3701(b).) A violation ofthe order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged Io enter violation messages into CARPOS. Notice/Proof of Service The law enforcement agency must first determine if [he 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 PronQfSen'icc 0r confinns that the ProqfofSen‘ice is on file; 0r The restrained person was at the restraining order hearing 0r was informed of the order by an officer. An officer can obtain information about the contents ot'the order and proof ofsen'ice in CARPOS. lfproof of service 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 0f the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents to contact with lhc restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting 0r consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code. § 137 l 0(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. PageSofG (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15‘ 2019 Case Number: 2 l CH009824 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. § 136.2; Fum. Code. §§ 6383(h)(2). 6405(b).) l. EPO: If onc of the orders is an Emergvnqr Protective Order (fonn EPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No-Cmnact Order: If there is no EPO, a no-contact order that is included in a restraining 0r 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 coun order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family, Juvenile, 0r 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 's Certificate (Clerk u'illflll (m! this part.) [seal] -Clerk's Certificate- I cenify that this Civil Humsxmwnl Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk. by , Deputy This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. PageGofG (CLETS-CHO) (Civil Harassment Prevention) Rev March 15, 20 19