Request to Continue Reissue TRO HRCal. Super. - 6th Dist.February 4, 2021i . . Clerk stamps date here when form is filed. CH-1 1 6 O|rder on Request to Continue Hearing . . Complete items Cl) and ®!0nly. Viv G) Protected Party: FERDINAND CUARESMA ® Restrained Party: VICTOR HAGADA BUNNOL., JR. The courtlwill complete the rest of this form Fill In court namyand street address:® NBXt Court Date Superior Court of California, County of a. U The request to relschedule the court date is denied. Santa Clara Your count date i‘s: 191 N' FirSt Street San Jose, CA 951 13 (1) Any Temporary Restraining Ordei' (fonn CH-l 10) already granted stays in filll force and effect until the next coun date. (2) Your coufi déte is not rescheduled because: Fill in case number:v g A Case Number: i 21CH009845 b. I The lequest to reschedule the court date ls granted. YouI court date ls lescheduled f01 the day and time listed below. See@-®0 for mme information Name and address of coufi, if different from above: New Date:OZ/03/2022 Time:8:30AM (3:21: Dept.:74 ._ Room= G) Temporary Restraining Order a D There'1s no Temporary Restraining Order (TRO) m this case until the next court date because; (1) D A TRO was not previously granted by the court. w (2) D The court terminates (cancels) the previously granted TRO because: i . b. I A Temporary Réstraining Order (TRO) is still in full force and effect because: warning and Notice t0 (1).I The coun extends the TRO previously glanted on (date): 02/04/2021 the REStmined Party: It now expilels on (date): 02/03/2022 If® b is checked, a civil harassment restraining (Ifno date Is:listed, the TRO expil es at the end 0fthe com t date listed m 3b.) order has been issued against you. You must (2) D The court ch‘anges the TRO pleviously granted and signs a new TRO (form xfonow the orders until CH'I 10) they expire. c. U Other (specz'fiz): This is a Court Order. fa‘é‘fgib‘i‘é‘éfli'y":?fgégnfiémfi‘éé‘f‘g” Order on Request to Continue Hearing f CH-1 1 6, Page 1 of 3 CodeowaIIPracedure.§§ 527.6 and 527.9 (Temporary Restraining Order) (CLETS-TCH) a (Civil Harassment Prevention) Case Number: 21CH009845 Revised January 1, 2020 <5) Reason Court Date ls Rescheduled alI Thele ls good cause to Ieschedule the coult date (check one). (1) D The plotected palty has not served the lestxained party. (2) IOthel: Stahm (“l'mf‘erenoe held nn 0017071 ' hm This is the first time that the restrained paltyvhas asked for more time to prepare. c.D The court reschedules the court date on its own motion. ® Serving (Giving) Order to Other Party' The request to reschedule was made by the: a. Protected party’ I (1) You do not have to serve the restrained pafly because they or their lawyer were at the coult date 01' agreed to reschedule the coun date. (2) D You must have‘ the restrained party personally sewed with a copy ofthis oréler and a copy of all documents listed on fonn CH-109 , "item© , by (date): (3) D You must have the restrained pafly sewed with a copy of this order. This jean be done by mail. You mpst sewe by (date): : I x I (4) D Other: i b. Restrained party (1) You do not have to serve the protected palty because they or their lawyer were at the couxt date or agreed to reschedule the court date. (2)D You must have the protected party personally served with a copy ofthis order by (date): (3)D You must have the protected palty sewed with a copy of this order. Thiscan be done by mail. You must sewe by (date): (4) D Other: This is a Court Order. Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) c. D Court (1)D Further notice is not required. (2) D The court will mail a copy of this order t0' all parties by (date): (3) D Other: CH-1 1 6, Page 2 of 3 9 Case Number: 21CH009845 1' . 2 ® No Fee to Serve (eNotify) Restrained Person D Ordered D Not Ordered v1 The sherifi‘ or marshal} will sewe this order for free because: 3 l . a. D The order is ba§ed on unlawful Violence, a credible threat of violence, or stalking. b. D The person in CD is entitled to -a fee waiver. D Other OrdersE Date: (1'74“ ' ~ gAV V Judicial Officer t_gu'DGE BROOKE BLECHER Request ‘for Acc‘ommodations Assistive listening systems, computer-assisted real-time captioning, or sign language intexpreter services are available ifyou ask at least five days before the hearing. Contact the clerk’s 'office or go to www.cou11§.ca.gov/f011ns.htm for Requestfor Accommodations by Persons With Disabilities and Response (form Mc-410). (Civ. Code, § 54.8.) E , A Instructions to Clerk _ If the hearing is rescheduled and {he couxt extended, modified, or terminated a temporary restraining order, then the court must enter this order into CLETS 01' send this order to law enforcement to enter into CLETS. This must be done within one business day from the day the order is made. -Clerk's Certificate- c]el-k’s Certificate I celtify that this Order on Request to Continue Hearing (Temporary Restraining [ 1] :Order) (CLETS-TCH) is a tme and correct copy of the original on file in the court. sea Date: Clerk, by , Deputyi J This is a Court Order. RevisedJanuary1,2ozo ‘ Order on Request to Continue Hearing CH-“S- Page 3 °f3 (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) .1 Clem stamps data halo when Ionn is filad_ Temporary Restraining Order , _ : I , 7 I I .Filed Iumnm anuslcmnp LIL IIunxL),®, am @un). February 4' 2021 ® Protected Person Clerk of the Court n. Your Ful! Name: FERDINAND CUARESMA Superior Court of CA Your [.myycr ([fyun hm'c nnufur Iln'x case): County of Santa Clara Nflmci $clf-chrcscnlcd Slnlc Bur Nu; 21 CH009845 .. I _ . l Inn Nanlu. By_ knguyen b. Your Address (Ifyrm lun-c u qu'yvr. givuynur lrnr_wr‘s I/g/hrnmlinn. lfyou (lo Um! huru u qu;wr uml mm! Ia kucp'rmn- lmmc mlslrL-n H: m mutt nama nnd slum address prirulc, yoll may give (I tlifli'rcnl mailing ac/zlruxs inxlcm/ Hm (/u nu! superior court o! California coumy o! hm-c Io gilvclelephmw. fax m-c-muil.): Sunm Clam Address: 1624 yoswmc [)r I91 N. l‘irsl SlruclH.-_._,_ y \ ( Cily Miipims Slaw: CA Zip: 95035 Snnln Clnrn. LA )5! IJ 'lclcphonIc: 4033983345 Fax: [i- Mail A'ddrcss' Com! hlls m casa numberu-hcn lam: ls fu'ed ® Restrained Person ca“ ”mm“ lull Namc: VICIOR HAOMM DUNNOL. JR 2 1 C H 00 98 4 5 Description: Sex: E M [:1 F Height: 5'4 Weight: I'll Dale of'Bith: Unknown Hair Color: 'Black __ EYL‘jCOIOr: Black Age: 44 Race: Filipino ® I'lonic Addrqw (if/muwu): 1864 Shenandoah Ave. _________ cu): Milpi’m 3mm: CA Zip: 95035 Rc'm‘onsmp [0 PTO'L‘C'Cd Person Iricnd Boxfriend. "Ii\'c-'4n Nanny" ofl’roteclcd l’am' s \Vilc E] Additional Protected Persons In addition lo lhc person named In (D Ihc following fmnily ur lmuschnld members ul'lhnl person arc protected hy the lcmpnmry orders indicated below: - i FullNamc Lu); Age l-louschold Mcmbcr'.’ Rululiunlol’roleclcdl’crson [sz-l-‘loyd Quarasmn M T E Yes D No gin Ziomara Cun'rcsmn F 5 Yes [:1 No Daughlcr [j Yes D No D ('Iruck [mu ifllw/‘c urc m/(Iilinnul ficrsrms. List Ilwm rm uu uIquIIL-(lJ/zuc! quu/wr um! H'I'ilu "AIIac/mwn! 3-- :ld‘liliumll Prulvclcd I’crxrms " m a II'IIc. Mm may qufnrm AK '-()25. nlllac'lum'm 'I'llu court will L‘mnpluh' I/u' rust ql'lhisfiu'm. Explratlon Date T/lls Order ex'plrm uI mu em] ajlhe Iwnrlng vclquIm/for rlw (lulu um! lime hclnw: Dnlc: _ ' MAR _ 3 2021 Time: 10:00 m mm. [j .p.m. This is a Court Order. :ijimfigmugfigfi'w Temporary Restralnlng Order (CLETS-TCH) CH‘110- Pm ‘ °‘3 cmacmmm- mmmsm (Civil Harassmgnt Prevenllon) '91mm D100: Case Nfimber: 210H00981+5 “IO the Person in9 ': 'l‘hc court has gra ntcd lhc temporary orders checked as granted below. lfyou do nol obey these orders, you can bc arrested and charged wllh a crlmc. You may bc scnl tanll for up lo one year. pay a flne ofup to $1,000. or both. @ PersonalConductOrders D NotRiequested D Denied UntlltheHearlng E Granted as Follows: n, You mus’l nut do lhe following things lo the person named in® a and 'Io lhe other prolccted persons listed in (l) m Hamss, inlimidale, molest. nunck. suike. stalk. lhrealcn. assaull (sexually or olherwise), hil. abuse. fieslroy personal properiy of. or disturb the peace oflhe person. (2) m iConlact thc person, cilher directly or indirectly, in any way. including. bu! not limited lo. in person, by Ilclcphonc, in writing. by public or private mall. by inlerofficc mail. by e-mail, by text message, by fax. or by other clcclronlc means. ' (3) E Take any action to obtain the person's address or location. lflhis ilem (v3) is nol checked. the coun has found good cause nol lo make lhis order. (4) m Other (xpecifiv); m Other personal conduct orders are attached at lhc end of lhis Order on Attachment 5a(4). To the e'xtent there are any Family Court orders issued after the date of this Order concerning . custody. visfiatlon, and/or exchange of the minor childrenWsted as Additional Protected Persons--which Family Court orders conflict wnn the Personaltfonduct Orders In thus section, the Family Court orders shall control. b. Reuccfulwrlncn contact through a lawyer or a process scrvcr or other person for scrvucc of legal papers rclme Io a court case is allowed and docs nol violale this order. However. you may have your papers served by mail on thc pémon In Cl). . Stay-Away Order D Not Requested D Denied Untll the Hearing B Granted as Follows: n. You mus} slay at least 300 yards away f‘rOm (check all Iha/ apply): (l) The person in ® _ (7) Thc place ofchlld care oflhe children of (2) Each person In@ ‘he Perm” i"® (3) 1111c home ol'thc person in (D (8) E The vehicle oflhe person in ® (4) The job or workplace oflhc person (9) m 0mm. (specw), l;n ® To the extem “mtg am any Eamily (29nd chens issued after the date (5) D '11": school oflhc person in ® of (his Order concerning custody, visitation. and/or exchange of the ‘ . minor children listed as Additional Protected Persons--w,hich Family (6) E T2: selloobonhe Chlldmn om": Court ordersconflict with lhe‘ Stay-Away Orders in this s'ection. the p 0n n Family Court orders shall control. b. This stny-nwny ordcr does net prcvcnl you from going to or from your home or place of cmploymcnl. ® _No Guns or Other Firearms and Ammunition a. You cannot own, possess. have, buy or lry Io buy. receive or lry lo receive. or in any olher way gel guns. olhcr firearms. or ammunition. - ,2 ‘ b. You must: (l) Sell :10 or slore with n licensed gun dealer. or tum in lo a law enforcemcnl agency. any guns or olhcr firearms in your immcdiulc possession or conlml. This must be done within 24 hours of being served with this 'omr. 4 ‘ i Tlns is a Court Order. M“ ”M" ‘-’°"-""“"°‘7"“"‘ Temporary Rastralnlng Order (CLETS-TCH) _ CH4”: 9'9" 2 °'° (Clvll Harassment Pravantlon) _ '9 Case Number: CH009845 (2) File n receipt with lhc court within 43 hours ofrccciving lhis Order that proves lhal your guns or firearms have bccn lurncd'm. sold or stored. (l’rm may :ueform CH-800. ProofofFircarms Turned In, Sold'. or Stored .farlhelccelpl.) " c. D The court has received infonnalion lhal you own or possess a fircann. | l Possesslén and Protection of Anlmals E] Not Requested D Denied Until the Hearing E] Granted as Follows (specify): l . a. D Thc p'crson in®is given lhc sole possession. care. and control oflhe animals Iislcd below. which are owned, possessed. leased. kept. or held by him or hcr. or reside in his or hcr household. (ldemify animals by. c.g.. lypa. breed, name, co'lor, sex.) b. D The person in®musl slay n: least yards away from. nnd not take, sell. lmnsfer. encumber. conceal. molcsit. attack. strike, threaten. harm, or olhenvisc diSposc of. the animals lislcd above. Other Ordgrs B NotRejquested D Denied Untllfhe Hearing D Granted as Follows (specify): l 1 i I y D Additional orders arc attached ax lhc end ofthis Order on Attachment 9. i To Ihe PetSpn ino: .®Mandatory, Entry of Order Into CARPOS Through CLETS This Order m'usl bc cntcrcd'xnlo lhc California Restraining and Pro‘cclive Order System (CAR POS) through the California Laiw Enforcement Telecommunications S) stem (CLETS). (Check one): .D 11m clerk will enter this Order and hs proof-of--scrvice form into CARPOS. | bafl'l‘he clerk will transmit this Order and its proof-of-~scrvicc form to a law enforcemenl agency lo be enlcred into CARPOS c. D By lhc' close ofbusincss on lhc dale lhal lhis Order is made, lhe person in G) or his or her lawyer should deliver a copy oflhe Order and lls proof-of-scrvicc form to Ihc law enforcement agency listed below (o enter into CARPOS: NamuflmflnhmmsnLAgmx WM D Addill‘onal law enforcement agencies arc listed u! lhe end ofthis Order on Allaclimcnt l0. This is a Cdurt Order. "'“"‘“"""“°"-"‘“"°"'°“ Temporary Restraining Order (CLETS-TCH) CH-"O. Pane 3M8 (Clvll Harassment Prevention) '9 Cane Number: l 210H009845 ® No Fee lo Serve (Notlfy) Restrained Person K] Ordered D Not Ordered 11w sheriff or marshal will serve lhis Order without charge because: n5 m Thc C rdcr is based on unlawful violence. a credible threat ofviolcnce. or stalking. b. D Thc person in @s cntillcd lo u fcc waiver. ngned‘ ?JJQOE‘I 03'55 PM ® Number of pages attached lo this Order. if any: Dale: 24:1'2021 _ fl CUMU’C Wh‘gon Judicial OMcur Carol Overfon "11:1Y‘Jérfiihg?Labé'-.N°ti¢9s.$1¢>§fihé.sRe§fiai'ned Persb’fln .9 You Cannot Have Guns or Firearms You cannot own. have. possess, buy or try lo buy. receive or try to rcccivc or otherwise get guns. olhcr firearms, or ammunition while this Order"Is in en‘ecl. lfyou do. you can go tojail and pa) a SI .000 fine. You must scll Io or slon: with a licensed gun! dealer, or turn in lo u law enforcement agency, any guns or other fircanns lhal you have or control as stated in hem® npove. The court wlll require you lo prove Ihat you did so. Nogtlce Regarding Nonappearance at Hearing and Servlce of Order Ifyou have been personally served \vilh this Temporary Restraining Order and form CH- IO9. Nallce ofConr! Hearing, bul you do not appear n! Isle hearing either in person or by a lawyer, nnd n rcslmining order that'Is thc same as this Tempomry Restraining Ordcr except for lhc expiration date Is issued n! the hearing. a copy ohhe order will be sewed on you by mail al lhc address In ilcm®. H‘this address'Is not correct or you wish lo verify lhal lhe Temporary Restraining Order was convened into a reslraining ordcr nl Ihc hcaringiwilhout subsmnlivc change. or lo find oul lhc durnlion oflhc order, conlacl lhe clerk oflhe coun. l After You Have Been Served With a Restraining Order ' Obey ull the orders. ' Read form CH- l20-INFO, How Can l chpandlo a Requestfor Chill Ha/ussmcm Remaining Orders? to lenm how to respond lo lhis Order. ' lfyou wan! lo reispond. fill oul form CH- [20. Responxc Io Requeslfor Civil Harassmunl Restraining Orders. and filc il \vilh lhc coun clerk. You do not have to pay any fee to file your response iflhc Request claims that you infliclcd or lhrealcned violence against or slnlked Ihe person in - You musl have form CH- l20 scrvcd by mail on lhe person in @or llml pcrson‘ s attorney. You cannot do this yourself. The pc‘rson who does lhe mailing should complete and sign form CH-250. ProafofServlce ofResponse by Mall. File lhc completed proofofscrvicc with lhc courl clerk before lhc hearing date or bring u wilh you to the hearing. i ' ' In addition io (he response, you may filo and lmvc declarations served signed b) you and other persons who have personal knowledge 0f the facts. You may usc form MC 030, Declaration. for lhis purpose. lt'I's available from the clerk's office atllhc court shown on page I of Ihls form or at www.camls. ca gov/fomu. H‘you do no! know how lo prepare a declaration, you should see a lawyer. This is a' Cdurt Orde'r. A "““W"’°"'“‘“"""°"“ Temporary Restraining Order (CLETS-TCH) j CH-"D- P8904“ (Clvll Harassment Prevention) ‘ '9 { Case NUé-niorc [H 00 98 ll 5 - Whether or nol ydu file_a response, you should allcnd the hearing. lfyou have any witnesses. [hey mus! also go Io the hearing. I - Al the hearing, [he judge can make restraining ordcm against you that lnsl for up lo five years. Tell Ihe judge why you_ disngréc with ll e orders requested. Ih'ssrfdctrqns’ fdf'Law‘ Ehfcém’e‘méht .. Enforclng the [Restraining Order 'This order is enforécablc by any law enforcamcnl agency lhal has received the order. is shown a copy of lhe ordcr, or has verified its existence on the California Restraining and Protective Orders System (CA RPOS). If lhe law enforcement agency has nol rece ived pruqf ofscrvicc on Ihc restrained person, the agency musl advise lhc resimincd person or lhc lcrms of lhe order and then must enforce il. Violations of lhig order arc subject lo criminal penalties. u Start Data and End Dale of Orders This order start: or the dale nexl lo lhe judge‘s signature on page 4. The order end: on thc expiralion dale in item @ on page I. Arrest Requlred if Order ls Vlolated lfan officer has pr9bable cause (o believe lhal (he reslrained person had notice of the order and has disobeycd the order, Ihc officer must arrest the restrained person. (Pen. Code, §§ 836(c)( I ). l370l(b).) A violalion oflhe order may bé a violalion ol‘Penal Qode section 166 or 273.6. Agencies are encouraged lo enter violation messages into CARPOS. v NoticelProof of Service The law enforccmcinl agency mus! first chCrminc ifihc rcslraincd person had nolicc oflhc order. Consider the restrained person "served“ (given nolice) if(Pen. Code. §836(c)(2)): - The officer sees n copy oflhe ProofofScrvice or confimfi lhal lhc ProofofService is on fllc; or ' The mtmincd person was infonncd oflhc order by an officer. An officer can obla‘in information about the comcnls orthe order and proofofscrvicc'm CARPOS lfproofofservice on Ihc restrained person cannot be verified. the agency mus! advise lhe reslmincd person of‘ the terms ofihc order nnd lhcn enforce it. lf the Protactec Person Contacts the Restrained Person ‘ Even ifthc protected person invites or consents lo contact with lhe rcslraincd person. lhis order remains in clTecl and must be enforced. Thc pmlcctcd person cannol bc arrested for Inviting or conscnling to contact wilh Ihe restrained person. The ordcr can be Chang.d only by anolher court ordcr. (Pen. Codc. § [3710(b).) v This is a Conrt'Order. "°M“W‘-’°"-" I'm“ Temporary Restraining Order (CLETS-TCH) i 0H-11o. Pagaaom (Clvll Harassment Prevention) a Case Nugbje-rh H 00 98 4 5 f Conflicting Orders-Prlorltles for Enforcement If more than' ot1e restralnlng order has been Issued, the orders must be enforced according to the following prloritle‘s (see Pen. Codc,§ I362; Pam. Code, §§ 6383(h)(2). 640503)): l. EPO; If om- oflhe orders is nn Emergency I’rolccllve Order (form EPO-OOl) nnd Is more feslriclive than other restraining 2. No Conlacl or protective orders, it has precedence in enforcemcnl over ull olhcr orders. Order: lflhere'Is no EPO a n0
