Order Temporary Restraining OrderCal. Super. - 6th Dist.February 1, 2021CH-1 10 Temporary Restraining Order CM “ampsmm”Wis” ® CD FILED P ' 1\ mus! ' m lete items 1 , , and only.ersrm m C/ 5 <0 P O ® © - 02/01/2021 ProéecrtggnPNearzgn “dd R Tm” I Clerk of The Court a- 0“ - ' ‘ Superior Court of CA Your Lawyer (ifyou have onefor this case): County of Santa Clara Name: State Bar No.: 21 CH009839 Firm Name: By: knguyen b. Your Address (lfyou have a lawyer. give your lawyer’s information. lfyou do not have a lawyer and wan! to keep your home address Fm in coun name and street address: private, you may give a diflerent mailing address instead. You do not Superiorgourt of C Ifomla. County of have to give telepho e. fax. or e-mail.).' AN M Address: 63$ gwqufly“ 5+ Clljvpllcbngiscioonug City: Sun Joy, U State: {Q ZipzflSHL 191 N.HfSISt.San Jose. CA$113 Telephone: HM 5’” ,Og’flfl Fax; E-Mail Address: ’T“ a Hfl luv . [M Com fills in case number when form ls filed. Restralne Person ' ' Case Nu r: 9 FunName: vuflus Elm“); (‘wkmf ?ICH00983 Description ' ' ‘ - ' ‘ HiWM v ..... _ I Sex: m M D F Height: ”'0 Weight: ‘2 “2) Date ofBirth: J_L HairColor. bmtll Eye Color: hill“ Age: HS Race: ___ Homc Address (ifknown): [7)q Rand“) D(\\/l_ MC; g] City; 8‘“ Jog" State: 6A . Zip: 451“ Relationshipto Protected Person: M km )L U11- hubm D Additional Protected Persons In addition to the person named in @, the following family or household members of that person are protected by the temporary orders indicated below: FullName S£( Age Household Member? Relationlo Protected Person D Yes D No D Yes D No D Yes D No D Yes D No D Check here ifthere are additional persons. List (hem 0n an attached sheet ofpaper and write "Attachment 3- Addilional Protected Persons " as a title. You may useform MC-025. Attachment. The court will complete the rest nfthisform. Expiration Date This Order expires at the end ofthe hearing scheduledfor the date and n'me below: Date: ma 2 3 2921 Timc; 91a) mam. D p.m. This is a Court Order. mfijgw"1;"“4” Temporary Restraining Order (CLETS-TCH) CH4“, Pm 1 0'5mumm. 5! 5216w 527.9 (Civil Harassment Prevention) 9WWW CaseNunzech0098 39 To the Person ine: The court has granted the temporary orders checked as granted below. lf you 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 of up to $1,000. or both. Personal Conduct Orders D Not Requested D Denied Untilthe Hearing a Granted as Follows: a, You must not do the following things to the person named in (D D and 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 disturb the peace of the 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 interoffice mail, by e-mail, by text message, by fax, or by other electronic means. (3) Take any action to obtain the person‘s address or location. If this item (3) is not checked, the court has ound good cause not to make this order. (4) D Other (specify): D Other personal conduct orders are attached at the end of this Order on Attachment 5a(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 allowed and does not violate this order. However, you may have your papers served by mail on the person in (1). © Stay-Away OrderD NotRequested U Denied Untilthe Hearing Granted as Follows: a. You must stay at least yards away from (check all that apply): (1) E/The person in (f a (7) D The place of child care ofthe children of (2) D Each person in® the person in (D (3) W e home 0fthc person in ® (8) D The vehicle oflhe person in CI) (4) :fhe job or workplace ofthc person (9) o‘her (Specify):m© 0 'ld-, It‘nuv (5) D The schoolofthcpcrsonin G) J, ,‘ ; H , 1 (6) U The school ofthe children ofthe , ’ ‘ v I ,- 1 9 “k L'- personin® 11.. _ l- ' 3;: b. This stay-away order does not prevent you from going to or from your home or place of employment. ® No Guns or Other Firearms and Ammunition a. You cannot ovm, possess. have, buy or try to buy. receive or try to receive. or in any other way get guns, other fireanns, or ammunition. b. You must: (1) Scll to or store with a licensed gun dealer, or tum in to a law enforcement agency, any guns or other firearms in your immediate possession or control‘ This must be done within 24 hours of being sewed with this Order. This is a Court Order. “'"W ‘5' 1°" Temporary Restraining Order (CLETS-TCH) CH-"O- "9° 2 0' 3 (Civil Harassment Prevention) 9 Case Number: #9434359- (2) 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 muy usejbrm ('H-80l). Proofol‘ Firearms Turned In, Sold, or Stored,jbr the receipt.) c. D The court has received information that you own or possess a firearm. Possession and Protection of Animals N Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in®is given lhc sole possession, cure, and control of the animals listed below, which are owned, possessed, leased, kept. or held by him or her. or reside in his or her household. (Idenlijfv 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 0f. the animals listed above. Other Orders g Not Reque ted D Denied Untilthe Hearing D Granted as Follows (specify):cmung m Mt} usmfl p(vpefn m haliu-Lmd fan's. D Additional orders are attached at the end of this Order on Attachment 9. To the Person ino: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into thc Califomia Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Ordcr and its proof-of-scrvicc form into CARPOS. b. Thc clerk will transmit this Order and its proof-of-scrvicc form to a law enforcement agency to be entered into CARPOS. c. U By thc close of business on the date that this Order is made, thc person in® or his or her lawyer should deliver a copy of the Order and its proof-of-scrvicc form to the law enforcement agency listed below to enter into CARPOS: u MMCi ' 5MB Zi ‘ D Additional law enforcement agencies arc listed at thc end 0f this Order on Attachment IO. This is a Court Order. MW‘W" Temporary Restraining Order (CLETS-TCH) CH'"°v P39” 3 0'5 (Civil Harassment Prevention) 9 “""z'rcnoo 98 5‘7 No Fee to Serve (Notify) Restralned Person a Ordered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. fl The Order is based on unlawful violence. a credible threat of violence. or stalking. b. D The person in @s entitled to a fee waiver. Slgled: 2/1/2021 04:23 PM Number of pages attached to this Order. if any: C® - (Mat Wafm Date: 2-1 -2021 Judicial ()[lia’r Carol Overton Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or tr) lu buy. rccexve or tr) m receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do. you can go to jail 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 rcquirc you m prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with this Temporary Rcslmining Order and fonn CH- 109, Notice ofCourI Hearing. but you do not appcar at thc hearing either in person or by a lawyer. and a restraining order that is lhc samc as this Temporary Restraining Order except for thc expiration date is issued at lhc hearing. a copy of (he order will be served on you by mail at the address in ilem®. lf this address is not correct or you wish to verify that the Temporary Restraining Order was convcncd into a restraining order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the coun. After You Have Been Served With a Resttaining Order ° Obey all the orders. ° Read form CH- l 20-INFO, How Can l Respond Io a Requesljbr Civil Harassment Restraining 0rders?. to learn how to respond to this Order. ' 1f you want to respond. fill out form C H- l 20. Response 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 agains! or stalked the person in . - You must have form CH-IZO served by mail on thc 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 lhc court clerk before lhc hearing date or bring it with you to the hearing. - 1n addition to the response. you may file and havc declarations served. signed by you and olhcr persons who have personal knowledge of the facts. You may use form M0030. Declaration. for this purpose. lt is available fi’om the clerk‘s office at the coun shown on page l of this form or at nmwrnurls.m.gov/forms. If you do not know how to prepare a decimation, you should sec a lawyer. This is a Court Order. “"m "-‘m Temporary Restraining Order (CLETS-TCH) CH-11o. Pogo 4 of 6 (Civil Harassment Prevention) '9 CaseNumfir-l cflooga 39 - Whether or not you file a response. you should attend (he hearing lt‘you have any witnesses. they must also g0 lo the hearing ° At the hearing. the judge can make restraining orders against you that last for up to five years. Tcll the judge why you disagree with lhc 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 of the order. or has verified its cxislcncc 0n thc California Restraining and Protective Orders System (CARPOS). lf lhc law enforcement agency has not received proof of service on lhc rcslmincd person. thc agency must advise lhc restrained person of the terms ofthc order and then must enforce it. Violations of this order arc subject to criminal penalties. Start Date and End Date of Orders This order starts on the date next to the judge‘s signalurc on page 4. Thc order ends on the expiration date in itcm ® on page l. Arrest Required If Order ls Violated [f an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order. the officer must arms: the restrained person. (Pen. Code, §§ 836(c}( l ). l370|(b).) A violation oflhe order may be a violation of Penal Code section 166 or 273.6. Agencies arc encouraged lo cntcr violation messages into CARPOS. NoticoIProof of Service me law enforcement agency must first dclcrminc if Lhc restrained person had notice of the ordcr. Consider the restrained person “served“ (given notice) if(Pcn. Code. § 836(c)(2)): - The officer secs a copy of the Proof of Service or confirms that the Proof of Service is on file; or ' The restrained person was informed ofthc order by an othccr. An officer can obtain information about thc contents of the ordcr and proof of service in CARPOS. lf proofof service on the restrained person cannot be verified, the agency must advise thc restrained person of thc terms of thc order and then enforce it. If tho Protected Parson Contacts the Restrained Person Even if the protected person invites or consents to contact with lhc rcstraincd person. this order remains in effect and must bc enforced. 111C protected person cannot bc arrested for im iling or consenting to contact with thc restrained person. Thc order can be changed only by another coun order. (Pcn. (‘odc. § 137 l 0(b).) his is a Court Order. ""W “~ 1°" Temporary Restraining Order (CLETS-TCH) CH-"O. Poo- 5 d 6 (Civil Harassment Prevention) ‘9 “?WWUMBSV Conflicting Orders-Priorities for 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; Fam. Codc‘ §§ 6383(h)(2), 6405(b)): l. EPO: [f om: of thc orders is an Emergency Protective Order ( form EPO-OOl) 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: 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 coun order. Any nonconflicting terms of the civil restraining order remain in ctcht and enforceable. 4. Family, Juvenile. or Civil Order: [f 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 willfill oul this part.) Clerk's Certificate -Clerk's Certificate- [59011 I cenify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date: Clerk. by . Deputy This is a Court Order. "" ""' ‘5‘” Temporary Restraining Order (CLETS-TCH) CH-‘HO. Pace 6 d6 (Civil Harassment Prevention)