Order Temporary Restraining OrderCal. Super. - 6th Dist.February 2, 20211 CH_1 1 o Temporary Restraining order Clerk stamps dalehere when IormISfiled. Filed Person in ®nmst complete items ®, ®, and© only. February 2' 2021 Protected Person - . Clerk of the Court a. Your Full Name: Superior Court of CA Your Lawyer (ifyou have onefor this case): County Of Santa Clara Name: _S_elf'Re;_resented State Bar No.2_____ 21 CH009841 Firm Name: SGIf-Renffiented By: knguyen b. Your Address (Ifyou have a Iawyet, give your lawyer's information. lfyou do nal have a lawyer and wan! (o kee your hornedaddress private you ma) have Io give ele iiove a diflerenl mailing a dress insre go no! Superior Court of California. County of 0”“ “x °"‘".'f"1)’ 5a&‘)’é Santa Clara Addrcs . 3 q :81 R}. Eirs: Egreeg.égg 03g .. Irs reeC'W- - Z‘P- San Jose, CA 95113 Telepm’w‘ Fax; Civil Courthouse- DTS E-Mail Address: Court fills in case number when form Is filed. Fill in court name and street address. Case Number: ®Restralned P rson ®Full Name: (fir ‘ Era; A {a (1A4 . 1 Description: Scxza Mm F He' ht:5L Weight:gm-E- Date ofBirth: H! S¢E Hair Color: Eye C l LkaceHEWL- Home Address (ifknown) City:‘ML , : JA-2mm Relationship Io Protected Person: " I ’ g 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: ' FullNm _Se_x fiaH-bhold Member? Relation to Protecte Pers nmfifl HY“ DNo D Yes D No a Yes D No ______-_ D Check here [/‘rlzere are additional persons. List them on an attached sheet ofpaper and write "Altachmenl 3- Addin‘onal Protected Persons " as a title. You may useform MC-025. Attachment. The court will complete the res! afthisform. ® Expiration Date Tlu's Order expires at (Ire end aflhe hearing scheduledfar (Ire date am! time below: Date: 3’2%"ZL Time: _Z_;'_D___ Dam. mpm. This is a Court Order. ‘WMWWW'm-MW" Tem ora Restrainin Order CLETS-TCH CH-11o.P om mfiéfifiéfihfimfifls p ?Elvn Harassmegmpreverguon) ) ROHCI [1 PvageRheWWWJ “Essential CaseNumberz 51 .r‘Hinge fx x .5 u: 70 L231. 1v. J ,d-To the Person in 0: The court has granted the temporary orders checked as granted be|ow. lfyou do not obey these orders, you can be arrested and charged with a crime. You may bc sent lo jnil for up to one year, pay a fine of up to 51,000, or both. Personal Conduct Orders D Not Requested DDenied Until the Hearing meranted as Follows: a. You must not do the following things to thc person in® E and lo the other protected persons listed in ®z (l) E Harass. intimidate, molest, attack, strike, stalk, threaten. assault (sexually or otherwise), hit. abuSe, destroy personal property of, or disturb the peace of lhc person. (2)3 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 inlerofi'lcc mail, by c-mail, by text message. by fax, or by other electronic means. (DE 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) D Other (speafi'): 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 docs not violate this order. However, you may havc your papers served by mail on the person in® . ® Stay-Away OrderD Not Requested a Denied Until the Hearing m Granted as Follows: a. You must stay at leastfl. yards a_way from (check all that apply): (1) EThe person in (D H (7), B .1116 place of child care ofthe children of (ZMEach person in© the person in ® (”Bflw home ofthc person in® (8) XThc vehicle ofthe person in G) (dfiThejob or workplace of the person (9) D Other (speCIfi): in (D (5) D The school ofthc person in® (6) Q 'neschool orthe children orme -:' _ f = f .- personin® v": ' “ ' ‘- ‘vl b. This stay-away order docs not prevent you from going to or from your home or place ofemployment. No Guns or Other Firearms and Ammunition a. You cannot own. possess, have, buy o: try to buy. receive or try lo receive. or in any other way get guns. other firearms. or ammunition. b. You must: (l) Sell 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 ofbeing served with this Order. , , Thls Is a Court Order. “"““"‘“"‘-"’"-”‘“"”'"°"" Tem ora Restrainin Order CLETS-TCH cu-11o. p 2m CEBI5mm” p r(yClvll Harassmgnt Prevet‘ttlon) ) '9' 9 Casf‘flurfiil. E? r .3) ’13:) 8i La?) (2) File a receipt with the court within 48 hours ofreceiving this Order that proves that your guns or firearms have been turned in. sold, or stored. (You may useform CH-800, Proofof Firearms Turned In, Sold. or Slored.for the receipt.) c. a The court has received infomation that you own or possess a firearm. Possession and Protection of Animals M Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given the sole possession, care, 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. (Idenlifi 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. G) Other Orders Q Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end of this Order on Attachment 9. To the Person in o: 0 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 wiIl enter this Order and its proof-of-service form into CARPOS. b. Q 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 ofbusiness on the date that this Order is made, the person in ®or his or hcr lawyer should deliver a copy ofthe Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency I Address (Cim Stare, Zigl D Additional law enforcement agencies are listed at the end ofthis Order on Attachment IO. This is a Court Order. "“““"°"'"°"“""‘°"'°"‘ Tem ora Restrainin Order CLETS-TCH 014-110.? we Caglgfim p 70M!HarassmgntpreveSulon) ) age '9 Case Number: 9‘!‘ nrl II III*- No Fee to Serve (Notify) Restrained Person mOrdered D Not Ordered The sherifior 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 111C person in® is entitled to a fcc waiver. MD 1E:- :uJ Sigma 222021 01 06 PM® Number of pages attached to this Order, ifany: z 2-2-2021 CWO< (gunfgon Judicial Oflicer CAROL OVERTON Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own. have, possess, buy or try to buy, receive or try x0 receive, or otherwise get guns, other firearms, or ammunition while this Order is in efi'ect. lfyou do, you can go tojail 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 coun will require you to prove that you did so. Date Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Order and form CH-109, Notice ofCow-t Hearing. but you do no! appear at the hearing either in person or by a lawyer. and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued a! the hearing, a copy ofthc order will be served on you by mail at thc address in item© Ifthis address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court. After You Have Been Served With a Restraining Order - Obey alI thc orders. - Read form CH-120-INFO, How Can I Respond Io a Requeslfor Civil Harassment Restraining 0rders?, to leam how to respond to this Order. - Ifyou want to respond, fill out form CH-IZO, Response Io Requeslfor Civil Harassment Restraining Orders. and file .it with the court clerk. You do not have to pay any fee to file your response ifthc Request claims that you inflicted or threatened violence against or stalked the person in G). - You must have form CH-lZO served by mail on the person in ® or that person's anomey. You cannot do this yourself. 11m person who docs the mailing should complete and sign form CH-250, ProofofSerw'ce ofResponse by Mail. File the completed proofofservice with the court clerk before the hearing date or bring it with you to the hearing. o ln addition X0 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. It is available from the clerk's office at the court shown on page l ofthis fomLor at www.courts.ca.gov/forms. lfyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. “W‘““‘"‘-’°"-W'°’” Tem ora Restrainin Order CLETS-TCH CH-m, p 4m CH}!W p WCMI Harassmgent Preve(ntlon) ) m 9umEM S~ '1'""i"?’?1‘1. n n 9 9 2;.b L -_J O - Whether or not you file a response. you should attend the hearing. Ifyou have any witncsscs, ‘hcy must also go to thc hearing. - AL the hearing, thejudge can make rcsuaining 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 enforceable by any law enforcement agency that has received the order, is shown a copy ofthc order. 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 ofthc terms ofthe order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order slam on the date next to the judge’s signature on page 4. The order ends on the expiration date in item ®on page l. Arrest Required if Order ls Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobcyed the order, (he officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 1370l(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticeIProof 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)): o The officer sees a copy ofthe ProofofService or confirms that the Proofof Service is on file; or o The restrained person was informed of the order by an officer. An officer can obtain information about the contents ofthe order and proofof service in CARPOS. lf proofofservice on the restrained person cannot be verified, the agency must advise the restrained person ofthe terms ofthe order and then enforce it. lf the Protected Person Contacts the Restrained Person Even ifthe protected person invites or consents to contact with thc 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, § l3710(b).) This is a Court Order. "“4"“ '~ ”‘7‘ ““"m’ '°"" Temporary Restraining Order (CLETS-TCH) CH4 to, Page 5 of e 5’2"“ (Civil Harassment Prevention) ' 9ohm Efl Case Number: Q 'h I 2..) 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 of thc orders is an Emergency Protective Order (form EPO-OO l) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No Contact Order: lf there is no EPO, a no-contnct order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: lf none ofthe 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. Famil); Juvenile, or Civil Order: If morc 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 Cerrijicale [seal] Rum“ January |. 2017.Mam ham 'EsseMH“Em (Clerk willflll om (hi: part.) -Clerk's Certificate- I certify that (his Temporary Restraining Order Is a true and correct copy of the original on file m the coun. Date:____ Clerk. by___-. . Deputy This is a Court Order. Temporary Restraining Order (CLETS-TCH) cu-11o. mews (Clvll Harassment Prevention)