Order Temporary Restraining OrderCal. Super. - 6th Dist.February 4, 2021CH-1 1 0 Temporary Restraining Order CMumsmmwmmnw Filed Purwn m G) mus! complete items® .® . and© only, February 4, 2021® Protected Person Clerk of the Court a. Your Fun Name: w- Superior Court of CA Your Lawycr (ifyou hare one for [his case): county Of santa Clara Name: State Bar No;-_ 21 CH009846 Firm Name:ME By: knguyen b. Your Address Ilfyou haw a lawyer. give your lawyer‘s information Ifyou do no! haw u lawyer and mm! lo Ree your hume address private. you may ivc u daferenl mulling a drexs imlwd You dn m)! Superior Coun o! Callfomla. County of Fr! n court name and wool adorns have l0 give lele qne.:/a\', qr e-muil): Santa Clara Address: \Qétfl TV \ 05m w 64 ‘ :3: u. Firs: ggree:-. EDD “233 .‘ -.g§“ . irs reeC'W' 5"”$7” San Jose, CA 95113 T°“Ph°“°3 F“: Civil Courthouse - DTS E-Mail Address: ’- Coun Ms n case number when form a flod Cu. r- 6® Restrained Person ?Tbc H 00 98 1‘ Full Name: .- Description: Sex;D M m F Height:ib- Wcigm: 48L..- Date orBinh:fl- Hair Color: Eye Color:m Age: Race: ‘MM_- Home Address (if/mowmz ‘ City: State:¥ Zip:_ 3%}Ayn\ ‘ l \Relationship to Prolcctcd Person: Qja\{§f\&1(\6 h 11X“ fixAQ UI a Additional Protected Persons ln addition lo the person named in® . the following family or household members of that person arc protected by the temporary orders indicated below: Mame. ' 22.x Ass 3W5 0 d V 7MWm: _.______L. _A_. m Yes D No _______&n.1__- ___ __ D Yes D No -____ D Yes D No __________.______ D Check here if(here are Witionalpersons. List them on an attached sheet ofpaper and write "Allachlnenl 3- Addm'onal Protected Persons " as a n'tle. You may uscform MC-OZS. Al(achmem. The court will complete Ihz' res! oflhisfarm Q) Expiration Date This Order expires at III: end oftlu hearing scheduledfar III: date and rim: below: Daze: MAR 3 0 $21 Time A_gjflL gum. me. WM'ZW,“ "fl“‘w Tem ora Restrainin Order CLETS-TCH cu-11o,» mamm$hfifxm. p ram"Harassmegmpreverfiuon) ) ROHCI ”waneWWW g meg' "" Ww’tcuoomp To the Person in 0: The court bu granted the tcmpornry orders checked u granted below‘ "you do not obey these orders. you cal be arrested and charged with n crime. You may be sent lo jail for up lo one year, ply I fine ofup to H.000. or both. Personal Conduct Orders D Not Requested DDenied Until the Hearing PQGranted as Follows: a. You must lot do the following things to the person in ® and to the olhcr protected persons listed in® : 11) m Harass. intimidate. molest. attack. strike. stalk. threaten. assault (sexually or otherwise). hit. abuse. dcslroy personal propcny of, or disturb the peace oflhc person. (2) m Contact lhe person. either directly 0r indirectl). in Iny way. including. but not limited to. in pcrson. by telephone. in writing. by public or private mail. by inleroffice mail. by e-mail. by lexl message. by fax. or b} other electronic means. (3) a Take an) action to obtain lhc person‘s address or location. lflhis item (3) is not checked, the coun has found good cause no! lo make this order. (4) D Other (specify): DOthcr personal conduct mdcrs arc anachcd at the end of this Order on Attachment 58(4). b. Peaceful written contact through a laW) cr or a process server or other person for service of legal papers related to n coun case is allowed and does not violate this order. However. you ma) have your papcrs scn ed b) mail on Lhe person in CD . Stay-Away Order D Not Requested D Denied Untll the Hearing m Granted as Follows: a. You must stay at lcas! 4.00- yards away from (check ull that apply)" (I) a 111: pcrson in (D (7) m The place ofchild care oflhc children of (2) m Each person in@ the person in ® (3) m Thc home ofthc person in ® (8) m The vehicle oflhe person in® (4) m The job or workplace oflhc person (9) D Other (specify); in® (5) D 111: school ofthe person in CD (6) m The school oflhe children ofthc person in® b. This stay-away 0rdcr docs not prevent you from going to or from your home or place ofcmploymcnt‘ No Guns or Other Firearms and Ammunition n. You cannot own. possess. hm c‘ buy or try to buy. receive or try lo receive. or in any o(het way get guns. other firearms. or ammunition. b. You must: (l) Sell to or store with a liccnscd gun dealer. or turn in to a law enforcement agency. any guns or other firearms in your immediate possession or control Thus must be done within 24 hours ofbeing served with this Order. This ls a Court Order. ummt 2wWM Temmra%Restraining Order (CLETS-TCH) CH-110. P-oozog(m rue Ivll Harassment Prevention) Case Number 210H009846 (2) File a receipt with the court within 48 hours ofrccch ing this Order that proxes that your guns or firearms ha»: been lumed in. sold. or stored (You mm uscjbrm ('H-Rm), ProofofFirearms Turned In. Sold. or Slorcd.for the receipt) c. D The coun has received information that you mm or possess a firearm. ® Possession and Protection of Animals MNot Requested D Denied Untll the Hearing D Granted as Follows (specify): a. D 'Ihc person in® is given the sole possession, care. and control ofthc animals listed below, which arc owned. possessed. leased. kept. or held by him or her. or reside in his or her household. (Identifi' animals by, e‘g” (we. breed. name. culnr. sex ) b. D The person in® must stay at least yards away from. and not lake. sell. transfer. encumber. conceal. molest. attack. strike. threaten. harm. or otherwise dispose of. the animals listed above. Other Orders & Not Requested D Denied Untll the Hearing D Granted as Follows (specify): D Addikional orders are attached at the end ofthis Order on Attachment 9. To the Person in o: Mandatory Entry or Order Into CARPos Through CLETs This Order must be entered into the Califomia Restraining and Protccliw Order System (CARPOS) through the (‘alifomia Law Enforcement Telecommunications System (CLETS) ((‘heck one): a. D The clerk will enter this Order and its proof-of-servicc form into CARPOS. b. E The clerk will transmit this Order and its proof-of-servicc form lo a law enforcement agency lo bc entered into CARPOS. c. D By the close of business on the date (ha! this Order is made. the person in ®or his or her lawyer should deliwr a copy oflhe Order and its proof~ofoservicc form t0 the la“ enforcement agency listed below to enter into CARPOS: figmg gt léw EnforcementAgencv dr C1 - SI I I D Additional law enforcement agtncics an: listed at lhc cnd ofthis Order on Attachment 10. This is a Court Order. wmw“ 7°"W'“ TemporachRestraining Order (CLETS-TCH) cu-no, 9.9.301;(mm MI Harassment Prevention) Cu-wnhm CHOU 9a ué No Fee to Serve (Notify) Restrained Person flowered D Not Ordered The sheriffor marshal will serve this Order without charge because: a. m The Order is based 0n unla“ ful violence, a credible threat ofviolence, or stalking. b. D The person in (D is entitled to a fee waiver. ® Number of pages attached to this Order. ifany: 5‘9"“ 21412021 04:21 PM Date: -2'4'202. 1.... pm; A I a/ {0‘ 1AJhm JudugH” IceL U \l WV k \V l Carol Overton Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own. have. possess. bU) or (r) lo buy, reccix e or tr) lo receixe. or otherwise gel guns. other firearms. or ammunition while this Order is in effect. lf)‘ou do. you can go lo jail and pay a Sl .000 finc‘ You must sell 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 lfyou have been personally served with this Temporary Restraining Order and form CH-IO9. Notice ofCourt Hearing, but you do not 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 dale is issued at the hearing. a copy of the order will be served on you by mail at the address in item ®. If this address is not correct or you wish to verify tha‘ thc Temporary Restraining Order was convened into a restraining order at the hearing without substantive change. or lo find out the duration ofthe order. contact the clerk of the court. After You Have Been Served With a Restralnlng Order t Obey all the orders. - Read form CH-lZO-INFO. How Can I Respond m a Requestfar Civil Harassment Restraining 0rders?, to learn how to respond to this Order. - If you want to respond, fill out form CH-l 20. Response Io Requestfor Civil Harassment Restraining Orders. and file it with lhe court clerk. You do not have to pay any fcc to file your response ifthe 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. The person who does the mailing should complete and sign form CH-ZSO, ProofofSen-ice ofResponse by Mail. File the completed proof ofservice with the court clerk before the hearing date or bring it with you to the hearing. . ln addition to the response, you may filc and have declarations served. signed by you and other persons who have personal knowledge ofthe 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 of this form or at www.courtsca gov.fforms. If you do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order. “""“"‘“"‘ ’°"‘“‘”°"°'"°'"‘ Tem ora Restrainin Order CLETS-TCH CH-11o. P we(mw p 763v" HarassmgentPreantion) ) m 9u A' ___ Cau Numb. afbH009846 o Whether or not you file a response. )ou should altcnd the hearing lfyou haw any witnesses. they musl also go to the hearing. ' At the hearing. thcjudgc can make restraining orders against you that last for up to five years. Tell lhcjudge why you disagree with the orders rcqucsxcd‘ Instructions for Law Enforcement Enforcing the Restraining Order 1111's order is enforceable by any law enforcement agency {hat has recciwd the order. is shown a copy ofth: order. or has verified its existence on lhc Califomia Restraining and Protective Orders System (CARPOS) lfthc law cnforccmcnt agency has not recehed pmofofservice on the restrained person. the agency must advise the restrained person oflhc terms oflhe ordcr and then must enforce it. Violalions ofthis order are subject to criminal penalties. Start Date and End Date of Orders This order slurry on the dale next to thcjudgc‘s signature on page 4. The order ends on the expiration date in item ®on page l. Arrest Requlred if Order Is Violated [fan officer has probable cause to believe that the restrained person had notice ofthc order and has disobeycd the order. the officer must arrest the restrained person. (Pen. Code. §§ 836(c)( l ). l3701(b)‘) A \iolation of the order may be a violation of Penal Code section I66 or 273.6. Agencies arc encouraged t0 enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must firs! dctcrminc ifthc restrained person had notice oflhc order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)); o The officer sees a copy ofthe Proof of Service or confirms that the ProofofScn'ice is on file; or o 111: restrained person “as infomlcd oflhc order by an officer. An officer can obtain information abouI the contents oflhc order and proofofscnicc in CARPOS. lfproofofscn'icc on the restrained person cannot be verified. the agency must advise thc restrained person ofthe terms ofthc order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person im'ites or consents to contact with the restrained person. this order remains in effect and must be enforced. Thc prottcted person cannot bc ancstcd for inviting or consenting Io contact with thc tcstraincd person. The order can be changed only by another court order. (Pen. Code. § l37l0(b)‘) This is a Court Order. ammmu.mm Tem ora Restrainin Order CL_ETS-TCH cu-no,g Pl” p ?Clvll HarassmgentPreantlon) ) ”9‘5“; CauNumwi CHOU 98 4 6 Conflicting Orders-Prion'ties for Enforcement lf more than one restraining order has been Issued, the orders must be enforced according to tho Iollowlng priorities (see Pen. Code. § 136.2; ram Code. §§ 6383(hx2). 640503)): l, EPO; If one of [he orders is an Emergvncy Protective ()chr (fom1 EPO-OOI ) and is more rcslrictiw than other restraining or protective orders. it has precedence in enforcement over all other orders. l4 . No ('onlacl Order: If there is no EPO. a no-comact order that is included in a restraining or protective order has precedence over any other restraining or protective ordcrv 3. Criminal Order.- lf none of the orders incIudcs a no contact order. I domestic violence protective order issued in a criminal case lakes precedence in enforcement ovcr any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. Juvenile, or (‘MI Order: lf more than one family. juvenile. or o(hcr civil restraining or protective order has been issued. the one that was issued last must be enforced. Clerk's Certificate [seal] lmm! ton WinnM92E” (Clerk wiilfill (ml (hi: part.) Clerk's Certificate- l cprflfy that [his Temporary Restraining Order is a true and correct copy of the original on file in the coun. Date: _-_____ Clerk. by--_ , Deputy This is a Court Order. Temporary Restraining Order (ETETS-TCH) cn-no. moms (Civil Harassment Prevontlon)
