Order Temporary Restraining OrderCal. Super. - 6th Dist.January 27, 2021Clerk slamps dalehm when (01m is lied. CH-110 Temporary Restraining Order Filed ® Person in ® nmst complete items Q,®, and ®0nly. January 28, 2021 Protected Person I/-> Clerk of the Court a. Your Fun Name: M (O/‘e+7?W Superior Court of CA Your Lawyer (ifyou have onefor this case). County Of santa Clara Name: self'Re resented State Bar No.:- 21 CH009826 Firm Name: SGIMnted By: knguyen b. Your Address (lfyou have a lawy,e) give your lmvyer's information lfyou do no! have a lawyer and “ant to key?your home address private, you may ivc a diflerem mailing a dress instead You do nol Superior Court of California, County of havero givenrel ?re,g, or e-mailx) rq+ Santa Clara Fifl in court name and street address: Address: 0 ‘ 1g} N. Eirs; agree: - . 05¢ - . 5 a Irs reecny. Z‘P- San Jose, CA 95113 TchPhOM Fax------ Civil Courthouse- DTS E-Mail Address. Coutt fills in case number when form is filed. ®FRuelflg222ed ngon 2 a gm?m! cm??? H 0 0 9 8 2 6 Description: Sexmm! D F Height: Weight: Date ofBinhA' Hair Color. \ Race: J!DA f; q Home AddresfilfknooxéfibL1: 02 ll #QJO‘O City: Q Q n ‘ - State:Q- Zip: 9 @Y‘Relauonshxp lo Protected Person: L V‘N v v, D Additional Protected Persons In addition to the person named In G), the following family or household members ofthat person are protected by the temporary orders indicated below: Full Name SQ; figs Household Member? Relation to Protected Person D ch D No D Yes D No D Yes D No D Check here {flhere are additional persons. List them on an altached sheet ofpaper and write "Atlachmen! 3- Additional Prolecred Persons " as a IiIIe. You may useform MC-025, Attachment. The coun will complete the res! ofthisfarm. Expiration Date Tln‘s Order expires at (lie end ofthe hearing scheduledfor flue date aml time below: Date: 03/16/2021 Time: __2;flfl- D am. m p.m. ”This 'ls a Court'Orde’r.‘ T‘mw ““m‘m“?$'°” Tem ora Restralnln Order CLETs-TCH cu-11o.nage1oee 2..“33..32£3173?u“1..w‘"m. p ?'cwu Harassmgn: Preverguon) ) none; [1 PVERN9”WWW CEBIMEm"; l‘aflm‘fifi: 'U U 9 8 3 f“ The court has granted the temporary orders checked as granted below. Ifyou 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. W :Tié .t‘hle‘ Personnigi Personal Conduct Orders D Not Requested DDenied Until the Hearing mGranted as Follows: a. You must not do the following things to the person in® Q and to the other protected persons listed in @z (I) E Harass, intimidate. molest, attack, strike. stalk. threaten, assault (sexually or otherwise), hit. abuse, destroy personal property of, or disturb the peace of thc 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 interofi'xcc mail, by c-mail, by tcxt message, by fax, or by other electronic means. (3) m Take any action to obtain the person's address or location. Ifthis item (3) is not checked, thc coun has I _ I found good cause not to make this order. .(4)' '._ Other (Specifi): i . . . 30th:; pers‘on_al conflict prders arg attached 3t lhe end of Lhis Order‘qn Attachmeg; Sa‘(4). __’ You are not prohibited from engagirig .in required duties a5 landlord 'so long as conducted in lawful ndfl-harassing manner b. Pcaccfixl written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the person in (D . ‘1 ® Stay-Away Order .D Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least m_- yards away from (check aII that apply): (l) m The person in® (7) D '111e place ofchild care ofthe children of (2) D Each pchOn in® the person in ® (3)m The home ofthc person in® (8) m The vehicle ofthe person in® (4) w ncjob or workplace ofthe person (9)E Other (specify).- So|e exception to 300-yard stay away in® orders in this section is that you must stay at least 15 (5) m The school 0mm person in (D feet a'v'vay from the protepted person ip (1 ) thile engaging (6) a me school 0mm children 0mm In legitimate landlord duties at the resudentlal property where , She Currently reSlGeS. person m® ‘ b. This slay-away order does not prevent you from going to or fiom your home or place of employment. 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 any other way ‘ge! guns, other firearms, or, ammunition. b. You must: (l) Sell to or store with a licensed gun dcaIer, or turn in to a Iaw enforcement agency, any guns or othct firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. ' ‘ Inis'is‘a court order. ““m'm‘“ ”"~“"‘“'°"‘°"" Tempora%Restraining Order (CLETS-TCH) came. page 2 oi;CEB'1W |le Harassment Prevention) Case N‘gmberzf‘i _ g {v rLLUHQHQQ? Ha _-- Q‘» (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns or fircamls have been turned in, sold, or stored. (You may useform CH-800, Proof of Firearms Turned In, Sold, or Stored,for the receipt.) c. D The court has received information that you own or possess a firearm. oePossession and Protection of Animals fl Not Requested D Denied Until the HearingD Granted as Follows (specify): a. -Thc person in® xs given the sole possession, care. and control ofthe animals listed below, which are owned, possessed, leased, kept, or held by him or hcr, or reside in his or her household. (Identificgnimals by, e.g., type, breed, name. color, sex.)fl mm ' b. D The person in® must stay al least LLB _ ,ards away from, and not take, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm. or otherwise dispose of, the animals listed above. ® Other Orders ENot Requested D Denied Until the Hearing ID Granted as Follows (specify): v 1 I :4. -.&..‘“ ‘ - - n'nv u” ‘- D Additional orders are attached at the end Ofthis Order on Attachment 9. 1:9 _the PerSén ino Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the Califomin Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-servicc form into CARPOS. b. a 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 ®or his or her lawyer should deliver a copy of the Order and its proof-of-service form to the law cnforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agencx Address (Citv, Slate. Zia) D Additional law enforcement agencies are listed at the cnd of this Order on Attachment 10. This is a c'ourt Ot'der‘. """“"'“"”-’°”-“"‘""’°"" Tem ora Restrainin Order CLETS-TCH cn-11o, p a ts CEB’W p ?cwil Harassmgn: Preveation) ) 39a 0-) m... mm": 2 6- ® No Fee to Serve (Notify) Restrained Person m0rdered D Not Ordered The sherifi or marshal will serve this Order without charge because: a. m fie Order is based on unlawfixl violence, a credible threat of violence, or stalking. b. D 'Ihc person in® is entitled to a fee waiver. 5.9m mmom 1o 43 AM® Number of pages attached to this Order, ifany:- 1-28-2021 C 044 (ftW fog Judicial Officer Date: CAROL OVERTON ‘ Warbings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try to buy, rcccivc or try (o receive, or otherwise get guns, other firearms, or ammunition while this Order is in efiect. Ifyou do, 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. The court will require you to prove that you did so. Notlce Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Order and form CH-109, Notice ofCour! Hearing. but you do not appear at the hearing either in person or by a lawyer, an_d a {gsi'raining ordcrjhat-is the same as this Temporary Restraining Order except for the expiration dale is issued at the hearing, a copy of the ordcrflwill be .siervedton you by mail at lhc address in item®. ' lfthis address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order a! the hearing without substantive change, or to find out the duration ofthc order, contact the clcrk ofthc court. After You Have Been Served With a Restraining Order o Obey all the orders. ~ Read form CH-lZO-INFO, How Can 1 Respond lo a Requesrfor Civil Harassment Restraining 0rders?, to learn how to respond to this Order. - Ifyou wanl to re5pond, fill out form CH-IZO, ReSponse Io Requestfor Civil Harassment Restraining Orders, and file it with the coun clerk. You do not have to pay any fee to file your response if the Request claims that you inflicted or threatened violence against or stalked the person in (D. - You must have form CH-IZO served by mail oh the person in ® or that person‘s attorney. You cannot do this yourself. The person who does the mailing should complen and sign form CH-ZSO, ProofofService ochsponse by Mail. File the completed proofof service with the court clerk before the hearing date or bring it with you to the hearing. - In addifion to the response, you may file and have declarations served. signed by you and other persons who have personal knowledge of the facts. You may use form MC-030, Declaration. for this purpose. l! is available fmm the clerk‘s office at the court shown on page 1 of this former at mnv.caur!s.cagov/farms. lfyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. “""‘""“""'°""‘”"'°"'°"‘ Tem ora Restrainln Order CLETS-TCH CH-11o, p 4am GB I mm“ p r¥Clvll Harassmgcnt Preve(ntion) ) age 9ohm EM P‘xly. easefihienbnuuygz 6 I - Whether or not you filc a response, you should attend the hearing. Ifyou have any witnesses, they must also go to the hearing. - Al the hearing. thejudgc can make restraining orders against you that last for up to five years. Tell lhejudge why you disagree with the orders requested. Instructions for Law Enforcement Enforcing the Restrainlng Order This order is enforceable by any law enforcement agency that has received the order, is shown a copy ofthe brdcr. or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the 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 start: on thc date next 10 thejudge’s signature on page 4. The order end: on the expiration date in item ®on page l. Arrest Required if Order ls Vlolated _ Ifan officer has probable cause lo believe that the restrained person had notice ofthe order and hu disobcyed the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), l3701(b).) A violation ofthe or'der may be a violation of Penal Code section 166 or 273.6. Agencies arc encouraged to enter violation mességes into CARPOS. NoticeIProof of Service The law enforcement agency must first determine ifthc restrained person had notice ofthe order. Consider the restrained ‘ person "served" (given notice) if (Pen. Code, § 836(c)(2)): o The officer sees a copy of the Proofof Service or confirms that the Proofof Service is on file; or o The restrained person was informed of thc order by an officer. An officer can obtain information about thc contents of the order and proofofservice in CARPOS. prroofofservice on the restrained person cannot be verified, the agency must advise the restrained person of the terms ofthe order and then enforce it. lf 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 order can be changed only by another court order. (Pen. Code, § 13710(b).) Thls ls a Court Order. "'““""‘""’°"'“““""‘°“" Tem ora Restrainin Order CLETs-TCH cum» s rsfilm p WCiVllHarassmgent Preve(ntlon) ) 39° 29 warm’i £5- Confllctlng Orders-Priorities for Enforcement lf more than one restraining order has been issued, the orders must be enforced according to the following priorities (see Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2), 6405(b)): V 1. EPO: 1f one of the orders is an Emergency Protective Order (form EPO-OOI) and is more restrictive than other restraining or protective orders, it has prccedence in enforcement over all other orders. 2. No Contact Order: Ifthere is no EPO, a no-conlact order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: Ifnone 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. Faniily, Juvenile, or 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 willflll our (his part.) -Clerk's Certificate- Clerk's Cernficale I certify that this Temporary Restraining Order is a true and correct co y of theP [seal] original on file 'm the court. Date:__-_ Clerk, by-I-_ , Deputy Rmmm‘Y‘-’°"'“W'W’°"" ' Tem ora Restrainin Order CLETS-TCH CH-11o. P Sofa cmlfifix p WCivilHarassmgcntPreve(ntion) ) age