Order Temporary Restraining OrderCal. Super. - 6th Dist.January 28, 2021C!erk stamps date here when form Is filed. Temporary Restraining Order Filed Person in ® mus! complete ilems® .® and® only. March 29 2021 Protected Person Clerk 0f the Court a. Your Full Name: Harris Lee Winns Superior Court Of CA Your Lawyer (ifyau have onefor this case): County 0f Santa Clara Name: State Bar No.: 21 CH009831 Firm Name: By: msorum b. Your Address (Uyou have a lawyer, give your lawyer's information. [fyou do not have a lawyer and want Io keepyow- home address Fm in court name and street address: private. you may give a difi'eren! mailing address instead. You d0 nor Superior Court of California, County of have (o give rekphone, far, or e-maii.): Sflfm CM AddWSSi 1320 Foxdale Loop #202 Superior Court. City: sanJosc Slate: gA_ Zip: 95122 191 N. First Street Telephone: 403.836.3563 Fax: San Josm CA 95113 E-Mail Address: hwinn5@gman_com Com fins In case number when form is fired. ® Restrained Person caseflumbe" FullName: Sinue Torres QWJAOU (\%3\ Description: Sex: E M D F Height: 5'9 Weight: 350 Date ofBirth: Hair Color: blk ‘ Eye Color: brown Age: 35 Race: Mr Home Address (ifknown): 1320 Foxdalc Loop #201 City. San Jose Slate: CA Zip? 95122 RelatiODShiP [0 Pmtecmd P850113 No personal rclationsip. however, he is my neighbor. Additional Protected Persons In addition lo the person named in @, the following family or household members of that person are protected by the temporal}! orders indicated bciow: FullNamc Sgt Age Household Member? Rclationto Protected Person Annalissa Winns F 47 Yes D No SpOusc Sean Gene Portus M 27 E YES D N0 SLED Son Dheston Winns M l7 Yes D No son Dhevsean Winns M l7 YCS D N0 Son E Check here Jtlzerc are additional persons. Lis! them on an attached sheet ofpaper and write "Attachment 3- Additr'anal Prolected Persons ” ax a title. You may useform MC~025, Attachment. . Th ' court t Jill com I I (he r 'sr rh's orm. Expiration Date L ‘ P e e ‘ 0f. ‘ f This Order expires a! the end ofthe hearing scheduledfor rite dale and time below: Date: MAY 1 8 2021 Time: Q'. 00 [:1 am. E p.m. This is a CourtOrder. fiéfiafifgfg‘f‘f”“fijflmw Temporary Restraining Order (CLETS-TCH) CH-110, Page1 of6 Coda arczva Prmeoura.§§szteandsm (Civil Harassment Prevention) 9 Awwved by DOJ Case Number: ’9.\Q_\\<30‘\Q3\ " .He- P_ejr'son. me :' _ The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may be sent t0 jail for up t0 one year, pay a fine of up to $1,000, or both. Personal Conduct Orders D Not Requested {:1 Denied Until the Hearing X] Granted as Follows: a_ You must not do the following things to the person named in® E and to the other protected persons listed in ©z (l) m Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f, 0r disturb the peace 0f the person. (2) m Contact the person, either directly 0r indirectly, in any way, including, but not limited t0, in person, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, 0r by other electronic means. (3) g Take any action to obtain the person‘s address 0r location. Ifthis item (3) is not checked, the court has found good cause not Io make this order. (4) D Other (speczjj'): D Other personal conduct orders are attached at the cnd 0f this Order 0n Attachment 53(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is a110Wed and does not violate this order. However,- you may have your papers served by mail on the person in (D ® Stay-Away Order B Not Requested D Denied Untilthe Hearing E Granted as Follows: a. You must stay at least SO yards away from (check all that apply): (1) E The person in ® (7) D The place of child care ofthc children of (2) Q, Each person in ® [he Person in® (3) m The home ofthe person in ® (8) E The vehicle ofthc person in G) (4) D Thejob 0r workplace of the person (9) D Other (specify; in ® ' (5) D The school ofthe person in ® . (6) fl The school ofthe children ofthe person in ® b. This stay-away order docs not prcvcnt you from going to or from your homc or place of employment. No Guns or Other Firearms and Ammunition a. You cannotlown, 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: (1) Sell to or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. This must be done within 24 hours ofbeing served with this Order. RWWWSM Temporary Restraining Order (CLETS-TCH) CH'110- P399 20'6 (Civil Harassment Prevention) ’9 Case Number: QAQADQCWzA (2) File a receipt with the coun within 48 hours ofreceiving this Order that proves that your guns 0r firearms have been turned in, sold, or stored. (You may uxeform CH-SOO, Proof ofFirearms Turned In, Sold, 0r Stored,far the receipt.) c. D The court has received information that you own or possess a firearm. . Possession and Protection of Animals fl Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in®is given the solc possassion, care, and control ofthe animals listed below, which arc owned, possessed, leased, kept, 0r thd by him or her, or reside in his or her household. (Menu)? animals by, e.g., type, breed, name, color, set.) b. D The person in®must stay at least yards away from, and not Lake, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, 0r otherwise diSposc of, [hc animals listed above. ® Other Orders fl Not Requested D Denied Until the Hearing D Granted as Follows (specifiz): D Additional orders are attached at the end of this Order on Attachmcnt 9. To the Person in0: 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. D The clerk will enter this Order and its proof-of-service form into CARPOS. b.fl The 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 ofbusiness 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-servicc form to the law enforcement agency listed below to enter into CARPOS: Name ofLaw EnforcementAgencv A dres C' I t re i D Additional law enforcement agencies are listed at [he end ofthis Order on Attachment 10. This is a Coim Order. Temporary Restraining Order (CLETS-TCH) CH-‘HO. Page 3 of6 (Civil Harassment Prevention) 9 Rev. March 15, 2019 Case Number: gauuw CW 3\ No Fee to Serve (Notify) Restrained Person E Ordered D Not Ordered Thc sheriff or marshal will serve this Order without charge because: a. m The Order is based on unlawful violence, a credible threat ofviolence, or stalking. b. D The person in @s entitled t0 a fee waiver. Signed: 3/25/2021 03:13 PM Number 0f pages attached to this Order, if any:® -- C 044 (A CQerfon Date: 3-28-2021 Judicial Oflicer Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy 0r Lry to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. Ifyou do, you can go tojail and pay a $1,000 finc. You must sell to or store with a licensed gun dealer, or turn in to a law cnforccmcnt 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. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Order and form CH-l 09, Notice ofCourt Hearing, but you d0 not appear at lhe hearing either‘in person 0r by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing, a copy 0fthe order will be served on you by mail at the address in itcm®. Iflhis address is not correct or you wish t0 verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change, or lo find out the duration 0f [he order, contact the clerk of the court. After You Have Been Served With a Restraining Order ' Obey all Lhc orders. ' Read form CH-lZO-INFO, How Can I Respond Io a Requestfor Civil Harassment Restraining 0rders?, to learn how t0 respond to this Order. ' If you want to respond, fill out form CH-IZO, Respmwe to Requestfor Civil Harassment Restraining Orders. and file it with the court 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@. You must have form CH-120 served by mail 0n the person in @or that person’s attorney. You cannot do this yourself. The person 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 t0 the hearing. - In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge 0fthe facts. You may use form M0030, Declaration, for this purpose. It is available from the clerk‘s office at the coun shown on page I of this form or at www.courts.ca.gov{forms. Ifyou do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order. RW'W‘s-m Temporary Restraining Order (CLETS-TCH) CH-WJ, Page 4 0'6 (Civil Harassment Prevention) 9 Case Number: 1\Q\\ m) CW 3\ ' Whether or not you file a response, you should amend Lhc hearing. Ifyou have any witnesses, they must also go to the hearing. - At the hearing, the judge can make restraining orders against you that last for up t0 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 ofthe order, 0r has verified its existence on the California Restraining and Protective Orders System (CARPOS). Ifthc law enforcement agency has not r&ccived proofofservice on the restrained person, the agency must advise the restrained person ofthe terms 0fthe order and then must enforce it. Violations ofthis order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the date ncxt to thcjudge's signature on page 4. The order ends on the expiration date in item @ on page 1. Arrest Required if Order ls Violated If an officer has probable cause t0 believe that the restrained person had notice ofthe order and has disobeyed the order, the officer must arrest the restrained person. (Pen‘ Code, §§ 836(c)(1), 1370 l (b).) A violation ofthc order may bc 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 ifthe restrained person had notice 0f the order. Consider the restrained person “served“ (given notice) if(Pcn. Code, § 836(c)(2)): - The officer sees a copy ofthc Proofof Service or confirms that the ProofofScrvice is on file; or ' The restrained person was informed ofthe order by an officcr‘ An officer can obtain information about the contents of the order and proofof service in CARPOS. prroofofscrvicc on thc restrained person cannot be verified, the agency must advise [he 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 wiLh the restrained person, this order remains in effect and must bc enforced. The protected person cannot bc arrested for inviting 0r consenting to contact with thc restrained person. The order can be changed only by another court order. (Pen. Code, § l3710(b).) lgis is a Court Order.- RW-“RWS-m Temporary Restraining Order (CLETS-TCH) CH-“Du P398 5 0'6 (Civil Harassment Prevention) 9 Case Number: QAQv‘oo “LEA Conflicting Orders-Priorities for 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; Fam. Code, §§ 6383(h)(2), 6405(b)): l. EPO: If one 0f the orders is an Emergency Protective 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 no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: Ifnone OfIhe 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. or Civil Order: lfmorc than one family, juvenile. 0r other civil restraining or protective order has been issued, the one [hat was issued last must be enforced. (Clerk willfill out this part.) Clerk's Certificate ~-Clerk'5 Certificate- [Seal] I certify that this Temporary Restraining Order is :1 true and correct copy ofthe original on file in the coun. Date: Clerk, by , Deputy This is a Court Order. RWAMW‘W‘Q Temporary Restraining Order (CLETS-TCH) CH'WJ- Page 5 0'5 (Civil Harassment Prevention) forydluj ptotacflqn apd ppvacy, pIéasgo‘pmss the Clear P113 Form bugoh‘ aflpryog ha'V'tln‘fnrihted the form. ‘ ‘ , ;w _ LA “" L1 "I‘F ’r I H'LA,» ITFFPSntzthiEFWI li‘Save’ ibis‘form l MC-OZS SHORT TITLE:_ Embers «o xwvmaea CzSE NUMEER’ @ mcxoomzm ATTACHMENT (Number).- 3 (Tnis Attachment may be used with any Judicia! Councii form.) Full Name Sex Age Household Member Relationshjp Io Protected Parry "Dhfis-fiflfl \Q‘MQS '~ F “box\\§h'kep (If me item ma! this Anachrnenr concerns is made under pena/ry ofperjum ail statements in this Page or Attachment are made under penalty ofperjury} (Add pages as required) pom. gamma: 0:5ch Use ATTACHMENT Juc'nal CWOfCakforrua ' I nonstanmy 1.2M] to Judzctal Council Form rmmwmagw
