Order Temporary Restraining OrderCal. Super. - 6th Dist.January 28, 2021CH-1 1 0 Temporary Restraining Order Person in (D must complete items® .® and® only. Protected Person a. Your Full Name: Harris Lee Winns Your Lawyer (ifyou have onefor this case): Name: State Bar No.: Firm Name: Clerk stamps date here when form is filed Filed January 29, 2021 Clerk 0fthe Court Superior Court of CA County of Santa Clara 21 CH009831 By: msorum b. Your Address (Ifyou have a lawyer, givcyour lawyer's information. [fyou d0 no! have a lawyer and wan! :0 keep your home address private. you may give a difl'eren! mailing address instead You do no! Fill in court name and stree: address: Superior Court of California. County of have to give telephone, fat. 0r e-mail.): Address: 1320 Foxdalc Loop #202 02, Superior Court City? San Josc Telephone: 408.836.8563 Fax: State: CA ZingMi- Civil Division 191 N. First St. San Jose. CA 951 1 3 E-Mail Address: hwinns@gmail.com Court fills in case number when form i5 fl/ad. ® Restrained Person CaseNumytchoogezl FUIlNam01 SinucTorrcs Description: . Sex: [3} M D F Heighx: 5'9 weight: 350 DateofBinh: HDKVIUW HairColor: blk Eye Col'or: brOWn Age: 35 Race: M ’ Horne Address (rfknown): 1320 Foxdalc Loop #20] City: Sanjosc Slate: CA Zip: 95122 RelationShiP [0 Prometed Person: No personal relationsip, howuver, hc is my neighbor. Additional Protected Persons In dirion lo the person named in ®, the following family 0r household members ofthat person arc protected by the temporary orders indicated below: Age Household Member? Relation t0 Protected PersonFull Name S£( Annalissa Winns F 47 Sean Gene Portus M 27 Dhcston Winns M l7 Dhcvsean Winns M l7 E Yes D No Spouse E Yes D No Step Son E Yes D No Son Yes D N0 Son E Check here (flirerc are additional persons. List them on an aflachcd sheet ofpaper and write “Anac/Jmem 3- Additiorm! Protccmd Persons " as a rifle. You may useform MC-025. Armchment. Expiration Date The court will complete lhc- rcst ofthisform. This Order expires at the end ofme hearing schedulcdfor the date and time below: 39.5Date: 2021 Time: 9:09 lymmm, This is a Court Order. wdmddwmmvmumwv RunathSJmll-ladsza-m CodadCMPWmfimfimmflWWW Temporary Restraining Order (CLETS-TCH) (Civil Harassment Prevention) CH-110, Page1 ole a Case Number:www.1- To the Person inG: 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 t0 jail for up to one year, pay a fine 0f up to $1,000, or both. ® Personal Conduct Orders D Not Requested D Denied Untilthe Hearing m Granted as Follows: a Y u must not do thc following things t0 the person named In ® figand to the other protected persons listed in ©z (l) Harass, intimidate, molest attack, strike stalk, threaten, assault (sexually or otherwise) hit abuse, destroy personal property of, or disrurb the peace ofthe person. (2)fi Contact the person either directly or indirectly, m any u. ay, including, but not limited to, in person, bytelephone in writing, by public or private mail, by interoffice mail, by c- mail by cht message, by fax, or by other electronic means. (3) Take any action to obtain the person’s address or location. Ifthis item (3) is not checked. the court has found good cause not to make this order. (4)? Other (Spamm- I Other personal conucx o dcrs arc attached at thc cnd of this Order o Attachment 53(4. b. Peaceful writtcn contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and docs not violate this order. I-Iowaver. you may have your papers served by mail on the person in G). ® Stay-Away Order D Not Requested D Denied Until the Hearing w Granted as Follows: a. You must stay at least 3g ) yards away from (check all (hat apply): (I) fl The person in ® (7) D The place ofchild care oflhc children 0f (2) a Each person in© [he Person i“ (D (3) Thc homo of' the person in ® (8) MThc vchiclc ofthc person in ® (4) The job 0r workplace of the person (9) D Other (specify.- in G) (5) D The school ofthc person in CD (6) K1112 school of the children oflhc person in b‘ This stay-away order docs not prevent you from going to or from your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try Io buy, rcccivc 0r try to receive, or in any other way gel guns, other firearms, or ammunition. b. You must: (1) Sell to or store with a licensed gun dealer, 0r turn in Io a law enforcement agency, any guns or other firearms in your immediate possession or control. This must be done within 24 hours ofbcing served with this Order. This is a Count Order. mm‘s-m‘g Temporary Restraining Order (CLETS-TCH) CH-“U- P398 2 0'6 (Civil Harassment Prevention) '9 Case Number: 01 “@9831LIIIIHE (2) File a receipt with the court within 48 hours ofrccciving this Order that proves that your guns 0r firearms have been turned in, sold, or stored. (You may usefonn CH-SOO, ProofofFircarms Turned In, Sold, or Stored,far the receipt.) c. D The court has received information that you owu or possess a firearm. Possession and Protection of Animals fl Not Requested D Denied Until the Hearing a Granted as Follows (specify): a. D Thc person in®is given the sole possession, care, and control ofthe animals listed bclow, which arc OWncd, possessed, leased, kept, or held by him or hcr, or residc in his 0r hcr household. (Identify animals by, e.g., type, breed, name, color, sex.) b. B The person in®must stay at least yards away from. and not Lake, scll, transfer, encumber, conceal, molest, attack, stn'ke, threaten, harm, or otherwise dispose of, thc animals listed above. ® Other Orders Wot Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end ofthis Ordcr on Attachment 9. To the Person ino: Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc entered into the Caiifomia Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will cntcr this Order and its proof-of-scrvicc form into CARPOS. b. mm: clerk will transmit this Order and its proof-of-scrvicc form lo a law enforcement agency to bc cntcrcd mto CARPOS. c. D By the close ofbusincss on the date that this Order is made, Lhc person in® or his or her lawyer should dclivcr a copy ofthe Order and its proof-of-scrvicc form to thc law enforcement agency listed below to cnlcr into CARPOS: Name of Law Enforcement Aacncv Addgfig (Q1113, Siggg Zia) D Additional law enforcement agencies arc listed at the end of this Order on Attachment 10. his is a Court Order. Temporary Restraining Order (CLETS-TCH) CH'110- Page 3 0‘5 (Civil Harassment Prevention) -> Rmn Msrm 15. 2039 ‘Cas No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered The sheriffor marshal will serve this Order without charge because: a. fl The Order is based on unlawful violence, a credible threat ofviolence, or stalking. b. D The person in @s entitled to a fce waiver. Signed: ”29,2021 10:04AM ® Number ofpagcs attached lo Lhis Order, ifany: CW (XL WOVI Dam: 1-29-2021 Judicial Officer Warnings and Notices to the Restrained Person in9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, 0r ammunition while this Order is in effect. Ifyou d0, you can go to jail and pay a Sl ,000 finc. You must scll to or store with a licensed gun dealer, or tum 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. Notice Regarding Nonappearance at Hearing and Service of Order [fyou have been personally served with [his Temporary Restraining Order and form CH~109, Nolice ofCourt Hearing, ‘ but you do not appear al the hearing either in person or by a lawyer, and a rcSLraining order that is the same as this Temporary Restraining Order except for Ihc expiration date is issued at the hearing, a copy ofthe order will be served 0n you by mail at the address in itcm®. Iflhis address is not correct or you wish to verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change, or to find out the duration ofthc order, conlact the clerk ofthc court. After You Have Been Served With a Restraining Order - Obey all the orders. ° Read form CH-l ZO-TNFO, How Can I Respond lo a Requesrfor Civil Harassment Restraining Orders?, to learn how t0 respond lo this Order. - If you want to respond, fill out form CH-l20, Response (o Requeslfor Civil Harassment Restraining Orders, and file it with tho court clerk. You do not have lo pay any fee to file your response ifthe Request claims that you inflicted or threatened violence against or stalked the person in®. - You must have form CH-120 servad by mail on 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-250. ProofofServr'ce ofResponse by Mail. File the completed proof ofservice with [he court clerk before the hearing date or bring it with you to the hearing. - In addition [o [he 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-O30, Declaration. for this purpose. It is available from the clerk’s office at the court shown on page 1 of this fonn or at www.courts.ca.gov{forms. Ifyou d0 not know how to prepare a declaration, you should see a lawyer. This is a Court Order. R“"'3'”“5-2°1° Temporary Restraining Order (CLETS-TCH) CH-HO. Page 4 0‘5 (Civil Harassment Prevention) "'9 Case Number: 21CH009B31 - Whether or not you file a mSponsc, you should attcnd thc hearing. Ifyou have any witnesses, they must also go to thc hearing. ° At the hearing, the judge can make restraining orders against you that last for up to five years. Tell thejudge why you disagree with the orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is cnforccablc by any law enforcement agency that has received the order, is shown a copy ofthe order, or has verified its existence 0n the California Restraining and Protective Orders System (CARPOS). Ifthe law enforcement agency has not received proofof Service on the restrained person, the agency must advise the restrained person Oflhc terms ofthe order and then must enforce it. Violations ofthis order arc subject to cn'mina! penalties. Start Date and End Date of Orders This order starts on the date next to the judge’s signature on page 4. The order end: on Lhc expiration date in item @ on page l. Arrest Required if Order Is Violated Ifan officer has probable cause t0 believe that the restrained person had notice ofthc order and has disobcyed the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(l ), [3701 (b).) A violation ofthe order may bc a violation OfPenal Code section 166 0r 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof 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(Pcn. Code, § 836(c)(2)): ‘ The officer sees a copy 0fthc ProofofSen/icc 0r confirms that thc Proofof Service is on file; or - The restrained person was informed 0fthe order by an officer. An officer can obtain information about the contents ofthe order and proofofservice in CARPOS. prroofofservicc on the restrained person cannot be ven'fied, the agency must advise the restrained person othe terms ofthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthe protected person invites or consents to contact with the restrained person, this order remains in effect and must bc enforced. Thc protected person cannot bc arrested for inviting or consenting to contact with the restrained person. Thc order can bc changed only by another court order. (Pen. Code, § 1371 0(b).) This is a Court Order. Rw-“mws-m” Temporary Restraining Order (CLETS-TCH) CH-“U. Page 5 0‘5 (Civil Harassment Prevention) 9 CaseNgnfeétHooga 31 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, §§ 6383000), 6405(b)): l. EPO: Ifonc ofthe orders is an Emergency Protective Order (form EPO-OOI) 21nd is more restrictive than other restraining or protective orders, it has precedence in enforcement ovcr all other orders. . No Contact Order: Ifthere is no EPO, a no-contact order that is included in a restraining or protective order has prcccdencc over any other restraining 0r protective order. 3. Criminal Order: Ifnone ofthc 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: lfmorc than onc family, juvenile, or other civil restraining or protective order has been issued, the onc that was issued last must bc enforced. [\J (Clerk willfiz'l out this part) Clerk's Certificare HClerk'S Certificate- [5901] I ccnify [hat this Tempormy Restraining Order is a true and correct copy of the original 0n filo in tho court. Date: Clerk, by , Deputy his is a Court Order. R"-”a‘°"‘5-’°‘° Temporary Restraining Order (CLETS-TCH) CH'110- 939950” (Civil Harassment Prevention) Ear your prolucdon and privacyi please press the Clea Iafofinb‘uubn'afleryoupavqumedwerom '. r] [miwnuhimsronngl {Savemsroml 0Winform 2 1 C H 00 98 31 ADDITIONAL PROTECTED PERSONS - CH-no Check here if there are additional persons. List them 0n an attached sheet 0f paper and write “Attachment 3 Additional Protected Persons from Form CH 110 Temporary Restraining Order Dhestiny Winns Sex-F AgeM MemberofHouseholszES Relationship:Daughter
