Order Restraining Order After Hearing

Cal. Super. - 6th Dist.January 27, 2021

CH 1 30 Civ" Harassment ReStraining Clem stamps date here when form is filed. Order After Hearing I’w-wn in (3/ must complete itcms®.@. and© only. I L EQ) Protected Person ‘ a. Y F llN me: La loniJole eR ama“ a y " “g MAR 1 6 2021 of th Court CA Your Lawyer (tfyou have onefor (his case) Name: State Bar No.: Firm Name: BY b. Your Address (Ifyou have a lawyer. giveyuur laugwr's in_fbrmation. [fyou do not have a lawyer and want to keep your home address private. you may give a different mailing address instead. You d0 not hare t0 give telephone. fax. 0r e-mail.) Fill in court name and street address: Superior Court of California, County of Santa Clara Address: 5843 El Dori Dr Civil Division City: San Jose State: CA Zip: 95123 191 North FlrSt Street San Jose, CA 951 13 Telephone: Fax: E'Mail Address: Cour? fills in case number when form is filed. ® Restrained Person Case Number: Full Name: Jared Hernandez 21CH009825 Description: Sex: E M B F Height: 5'10 Weight: 285 Date ofBirth: Dec 4, 1999 Hair Color: Brown Eye Color: Brown Age: 21 Race: Hispanic Home Address (ifknown): 229 Blossom Hill Rd City: San Jose State: CA Zip: 95123 Relationship to Protected Person: Former Friend ® E Additional Protected Persons In addition 10 the person named in®, the following family 0r household members of that person are protected by the orders indicated below: Full Name m Ag: Lives with you? How are they related to you? £4 Robert Rugama M 38 E Yes D No Father ant--‘- ““41.“ Chew“ F :7 Q YaEmWu“ F i4 E? ‘x’cbfr N0 Lonsinf E Check here (fthere are additional persons. List them 0n an attached sheet ofpaper and wrile “A(tachment 3- Addiriunul Protected Persons " as a title. You may uscform MC-025. Attachment. Expiration Date This Order. exceptfor any award aflawyer 'sfees. expires at Time: H 35 'l D a.m. E p.m. D midnight 0n (date): f 3/{C/ZflZ-yI Ifno expiration date is written here. this ()rdcr expires Ihrcc years from the date ofissuance. This is a Court Order. $$F:Lfi%“?§f'Ségf'flfié‘mfim“9°” Civil Harassment Restraining Order After Hearing CH'130. Page 1 of6 C fCIVI P r _ n 7 “0:603” DVIngedue §§ 52763 c152 9 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 2 l CH009825 ® Hearing a. There was a hearing on (dare): Mar l6 2021 at (time): 2:00 PM in Dept.: 4 Room: (Name ij'udicial (gf/icer): Comm. Erik Johnson made the orders at the hean'ng. b. These people were at the hearing: (l)fl The person in@. (3) D The lawyer for the person in ® (name): (2) w The Person in®- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the cnd ofthis Order on Attachment 5. c. D The hearing is continued. The parties must rctum t0 court on (dale): 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 do the following things to the person named in (D E and to the other protected persons listed in ®z (l) 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 0r indirectly. in any way, including, but not limited lo, 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 t0 obtain the person‘s address or location. If this item (3) is not checked, the court has found good cause not I0 make this order. (4) D Other (.s’pccifi'): 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 coun 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): (l) E The person in@ . (7) D The place of child care ofthe children of (2) E Each person in@. the Person in® - (3) E The home ofthe person in® . (8) E The vehicle ofthe person in®. (4) E The job or workplace of the person (9) D Other (Specifi): in (D. (5) D The school ofthe person in (D. (6) D The school ofthe children ofthe person i110). ‘ b. This stay-away order does not prevent you from going to 0r from your home or place of employment. This is a Court Order. R°'-"'a’°“‘5vz°‘9 Civil Harassment Restraining Order After Hearing CH4“: P3992“ (CLETS-CHO) '9 (Civil Harassment Prevention) Case Number: 2 l CH009825 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. If you have not already done so. you must: o Within 24 hours of being served with this Order. sell to or store with a licensed gun dealer, or tum in to a law enforcement agency. any guns 0r other firearms in your immediate possession or control. o File a receipt with the court within 48 hours ofreceiving this Order that proves that your guns or firearms have been tumed in, sold, or stored. ( You may usujbrm CH-8()(), Proof of Firearms Turned In. Sold, or Storeder (he receipt. ) c. D The coun has received information that you own or 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 lo relinquish this firearm (.vpucg'fj‘ make. model. and serial number Q/j/ircarmm»: 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 0f 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: L&m Amgunt lte Amggm S $ D Additional items and amounts are attached at the end of this Order on Attachment 9. E Possession and Protection of Animals a. E 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 her, or reside in his or her household. (Idunufi‘ animals by, e.g.. type. brew]. numv. color, sex.) Peanut - Chihuahua - Brown & White - Male b. E The person in® must stay at least 300 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 (specim: D Additional orders are a(tached at Ihc end of [his ()rdcr 0n Attachment 1 l. Rev March 15, 20‘9 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETs-CHO) (Civil Harassment Prevention) CH-1 30. Page 3 of 6 a Case Number: 21CH009825 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered imo 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 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. U By the close ofbusiness on the date that this Order is made, the person in® or his 0r 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 (Cim State, Zip: D Additional law enforcement agencies are listed at the end 0f this Order on Attachment 12. ® Service of Order on Restrained Person a.p 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 Proof of service 0f form CH-l 10, Temporary Restraining Order, was presented to the court. The judge's orders in this form 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 temporary 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 ®. 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® is entitled Io a fee waiver. ® Number of pages attached to this Order, if any: Date: March l6, 2021 l ERIK S. JOHNSON This is a Court Order. Civil Harassment Restraining Order After Hearing CH4”: 939640‘6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15. 2019 Case Number: 2 l CH009825 arning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item 8d is checked. you cannot own. have, possess. buy or try to buy, receive or try to receive, or otherwise get guns, other fireanns. or ammunition while this Order is in effect. lt'you do, you can go tojail 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 slated in item above. Thc court will rcquirc 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 ils existence 0n the California Restraining and Protective Order System (CARPOS). lfthe law enforcement agency has not received proof of service on the restrained person. and the restrained person was not present at the court hearing. the agency must advise the restrained person ofthe Icnns ofthe Order and then must enforce it. Violations of this Order are subject Io criminal penalties. Start Date and End Date of Orders This Order 3mm on 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 ls Violated If an officer has probable cause to 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 ). l370](b).) A violation ofthe order may be a violation of Penal Code section 166 0r 273.6. Agencies are encouraged t0 enter violation messages into CARPOS. Notice/Proof of Service The law enforcement 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 Proqf‘QI'Scn'icc or confirms that the ProqquSen'ice is on file; or The restrained person was at the restraining order hearing or was informed 0f the order by an officer. An officer can obtain information about the contents of [he order and proofofsen'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 of 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 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. The orders can be changed only by another court order. (Pen. Code. § l3710(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page 50f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15. 2019 Case Number: 21CH009825 Conflicting Orders-Priorities of Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (Sec Pen. Code. § 136.2; Fum. Code. §§ 63830:)(2). 640502).) l. EPO: Ifonc 0fthe orders is an Enuv'gcnqv Prmmiw Onlcr (form EPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No-Conmcl 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. 3. Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case lakes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. Jm-enilc. 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. Ix) Clerk 's Certificate (Clerk willfill (m! (hix part.) [seal] -Clerk's Certificate- I certify that this Civil Humxxnwm Rustruining Order After Hearing is a true and correct copy 0fthe original on file in the court. Date: Clerk. by , Deputy This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. P3966°f6 (CLETS-CHO) (Civil Harassment Prevention) Rev March 15. 2019 MC-025 SHORT TITLE: CASE NUMBER;_ Rugama VS Hernandez 2|CH009825 ATTACHMENT (Number): 3 (This Attachment may be used with any Judicial Council form.) Full Name Sex Age Household Member Relationship to Protected Party 05 (If the item that this Attachmen! concerns is made under penalty of perjury. all statemenls in this Page of Attachment are made under penalty ofpequry.) (Add pages as required) Form Approved Io: 091w Use ATTACHMENT mm 099wWaICouncnldCdrfotma . . .uco2s [Rev My 1‘ zoos) to JudICIal Councnl Form