Order Restraining Order After HearingCal. Super. - 6th Dist.January 28, 2021l CH 130 CIVII Harassment Restraining Clerk stamps date here when formis filed. Order After Hearing Pcrxmz 1'11 3: mus! c'mnpletc iicmx®.®. um]® only. I L E® Protected Person a. Your Full Name: Gabriela Lorena Velazquez MAR 2 3 2021 le of the Court Your Lawyer (ifyou hare onefor (his case) Name: State Bar No.2 Firm Name: Bys b. Your Address (Ifyou have a lawyer, giufimur lawyer 's informalion. Ifyou do nor have a lawyer and want I0 keep your home address private. you may give a d(fleren! mailing address instead. You do rm! have to give telephone. fax, 0r e-mail.) V Fill in cmfiame and street address: Superior Court of California, County of Santa Clara Address: 3047 Peppermint Dr Civil Division City; San Jose State; CA Zip: 95148 191 North Flrst Street San Jose, CA 951 l3 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. ® Restrained Person Case Number: FullName: Emily Slone 21CH009833 Description: Sex: D M E F Height: 5'0 Weight: 150 Date of Birth: unknown Hair Color: brown Eye Color: brown Age: 35 Race: Vietnamese Home Address ({fknown): 3047 Peppermint Dr City: San Jose State: CA Zip: 95148 Relationship to Protected Person: Neighbor Additional Protected Persons [n addition to the person named in®, the following family or household members 0f that person are protected by the orders indicated below: Full Name E Ag; Lives with vou'.’ How are thev related to vou? [ Yes D N0 D Yes D No E Yes D No D Yes D No D Check here ifthere are additional persons. List them 0n an attached sheer ofpaper and write “Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment. G) Expiration Date This Order, exceptfor any award aflawyer ’sfees, expires at Time:_ [l -5[7 _ D a.m. Wm. D midnighton (dare); 09/23/31))! If no expiration date is written here, this Order expires thrcc years from the date of issuance. This is a Court Order. $$°5Lfii"?§f‘§é3‘fi2§gmggm6"9°“ Civil Harassment Restraining Order After Hearing CH-130. Page 1 of6 C I IVI r. n Mozgsegbylgroojedue §§527Ga d5279 (CLETS-CHo) 9 (Civil Harassment Prevention) Case Number: 2 I CH009833 ® Hearing a. There was a hearing on (date): Mar 23, 2021 at (time): 9:00 AM in Dept.: 4 Room: (Name (gfjudiciul officer): Comm. Rebeca Esquivel-Pedroza made the orders at the hearing, b. These people were at the hearing: (Ugfhe person in@. (3) D The lawyer for the person in G) (name): (2) D The Person in®- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end ot’Ihis Order on Attachment 5. c. D The hearing is continued. The parties must return m court on (date): at (time): To the Person in 6: 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 t0 the person named in® E and to 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 0r 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 to make this order. (4) D Other (xpccifi‘): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful written contact through a lawyer 0r process server or other person for service 0f legal papers related to a court case is allowed and does not violate this Order. ® E Stay-Away Orders 3- You must stay at least 300 yards away from (check all (hat apply): (l) E The person in® . (7) D The place ofchild care ofthe children of (2) D Each person in@. [he Person in@ - (3) E The home 0fthe person in® . (8) E The vehicle ofthe person in®. (4) E The job or workplace of the person (9) E Other (spwifi); in® Exception: 5 ft stay away while in the same complex. (5) D The school of the person in CD. (6) E The school of the children of the person in@. b. This stay-away order does not prevent you t'rom going to or from your home or place of employment. This is a Court Order. R" “am" 152°” Civil Harassment Restraining Order After Hearing “+130: Page 2 0‘5 (CLETS-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CHOO9833 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy 0r try t0 buy, receive 0r try t0 receive. 0r 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 t0 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. - File a receipt with the coun within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. ( You may uscfbrm CH-800. Proof of Firearms Turned In, Sold, or Storeder the receipt.) . D The court has received information that you own or possess a firearm.O d. D The coun has made the necessary findings and applies the firearm relinquishment exemption under Code 0f Civil Procedure section 527.9(0. Under Califomia law, the person in® is not required t0 relinquish this firearm (spccg'fi‘ make, model, and serial number Q/_'fireurm(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 Io federal prosecution for possessing or controlling a firearm. D Lawyer's Fees and Costs The person in _ must pay Io the person in _ the following amounts for D lawyer'sfees D costs: Item Amount ltgm Amggn; $ S $ S D Additional items and amounts are attached at the end of this Order on Attachment 9. D Possession and Protection of Animals a. D The person in @is given the sole possession, care, and control of the animals listed below, which are owned. possessed, leased, kept, 0r held by him or her, or reside in his 0r her household. ([dentg'fi' animals by. e.g., type, breed. name. color. sex.) 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 (specifi): D Additional orders are attached at the end of this ()rdcr on Attachment 1 l. This is a Court Order. R“ ”m" ‘52” Civil Harassment Restraining Order After Hearing CH-130» P399 3 0'6 (CLETS-CHO) ‘9 (Civil Harassment Prevention) Case Number: 21CH009833 To the Person in O: ® 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 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. D By the close of business on the date (hat 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 enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cm; Stare. 2in D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. D The person in® personally attended the hearing. No other proof of service is needed. b.gThe person in® did not attend the hearing. (l) U Proot‘of service of form CH-l 10, Tempormjr 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. (DEER judge's orders in this form are different from the temporary restraining orders in form CH-l 10. omeone-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 23, 2021 I .Iml'ic'iu/ Ohu’r HM Pram. Equnv’d.- Palm?» This is a Court Order. Civil Harassment Restraining Order After Hearing CH4”: P39°4°f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev. March 15. 2019 Case Number: 2 1 CHOOQR33 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 0r try t0 buy, receive 0r try to receive, or otherwise get guns. other fircanns. 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 0r store with a licensed gun dealer. or tum in x0 a law enforcement agency, any guns or other firearms that you have or control as stated in item above. The coun will require you t0 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 ofthe Order, or has verified its existence on the California Restraining and Protective Order System (CARPOS). lfthe law enforcement agency has not received proof ofsen'ice 0n the restrained person. and the restrained person was not present at the court hearing. the agency must advise the restrained person of‘the terms ofthe Order and then must enforce it. Violations of this Order arc subject I0 criminal penalties. Start Date and End Date of Orders This Order starts on the date next to thejudge's signature on page 4 and ends 0n the expiration date in item@on page l. Arrest Required If Order Is Violated [fan officer has probable cause to believe that the restrained person had notice 0f 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 ochnal Code section 166 or 273.6. Agencies are encouraged lo 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 ProqfofSen‘icc or confinns that the Proq/‘Q/‘Scrvice is 0n file; or The restrained person was at the restraining ordcr hearing or was informed of the order by an officer. An officer can obtain information about the contents of thc order and proofofservice in CARPOS. lfproofofservice 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 thcn enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents t0 contact with thc restrained person, this Order remains in effect and must be enforced. The protected person cannot bc arrested for inviting 0r consenting t0 contact with the restrained person. The orders can be changed only by another court ordcr. (Pcn. Codc. § 137 l 0(b).) This is a Court Order. R“ ”"6" ”2°” Civil Harassment Restraining Order After Hearing CH-130» P3995“ (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009833 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 Pm. Code. § 136.2; Fam. Coda, §§ 6383(h)(2), 6405(b).) l. EPO: If one of the orders is an Enwrgcmw Prolvcrirc Order (form EPO-OOI) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. 2. No-Contuc! 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 court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. 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 's Certificate (Clerk u'illflll our (his part.) [seal] -Clerk's Certificate- l certify that this Civil Haru.s‘.s‘nzmt Restraining Order Afler Hearing is a true and correct copy 0f the original on file in the court. Date: Clerk. by , Deputy This is a Court Order. “Wm“‘w‘g Civil Harassment Restraining Order After Hearing CH'130v P8966“ (CLETS-CHO) (Civil Harassment Prevention)
