Order Restraining Order After HearingCal. Super. - 6th Dist.February 4, 2021CH 13o Civ" Harassment Restraining Clerk stamps date here whenlormis filed. - Order After Hearing G) l’urum in \L mm! (-umplclc i!wns®.®. aml© only. I L EProtected Person ' a. Your FullName: Bryan Shisler MAR 3 0 2021 Your Lawyer (Ulrou have onefor this cave) Name: State Bar No.: Firm Name: b. Your Address (lfyou haw: u qujwr, gircyour lauj'vr's inlbrmution. Ifyou do not lmvc a lawyer and want m keep your home address Fill in coun name and street address: prnate. )ou ma} yH a dlfluuzt mulling, uddnss mstc ad. hm do m)! supenor court of cahforma' coumy of hare t0 give Ielcphonafizx'. 0r e-mail.) Santa Clam Address: 1497 Bergerac Dr Civil Division City; San Josg State: CA Zip: 951 18 191 North FlrSl Slreet San Jose. CA 951 l3 Telephone: Fax: E-Mail Address: Coun fills in case number when form is filed. Restrained Person Case Number: Full Name: Alfonso Araiza 21CH009850 Description: Sex: E M D F Height: 5'10 Weight: 205 Date ofBinh: unk Hair Color: Bald Eye Color: Brown Age: 47 Race: Mexican Home Address ([fkmm'n): 1949 W. Hedding Street City: San Jose State: CA Zip: 95126 Relationship t0 Protected Person: Contractor ® E Additional Protected Persons In addition to the person named i116), Ihc following family or household members ofthat person are protected by the orders indicated below: Full Name fie; Ag: Lives with vou? How are thev related to you‘.’ Dee Shisler M 84 E Yes D No Father Demetra Jennings F 57 E Yes D No Girlfriend Isabel Shisler F 81 E Yes D No Mother E Yes D No D Check here [f‘rhcrc are additional pcrxuns. List them 0n un attached sheet ofpapcr and write “Attachment 3- Addirimml Protected Persons " us a title. You mu)" usefm'm MC-025. Attachment. Expiration Date This Order, exceptfor any award oflawyer’sfees, expires at Time: (’1; 5 D am? pm. D midnighton (dam; 3/3. /2 oLy'7 lfno expiration date is written here. this ()rdcr cxpircs Ihrcc ycars from the date ofissuancc. This is a Court Order. 23%;???Séfi'igzgggfif’f““9°“ Civil Harassment Restraining Order After Hearing CH-130. Page 1 of6 I I r , n 7 9goggidcsgroo‘tjodue §§5276a 652 9 (CLETS-CHO) (Civil Harassment Prevention) Case Number: 2 1CH009850 ® Hearing a. There was a hearing on (dam): Mar 30. 2021 at (Iimv): 9:00 AM in Dept.: 4 Room: (Name Q/judicial officer): Comm. Erik Johnson made [he orders at the hearing. b. These people were at the hearing: (”?The person in@. (3) D The lawyer for the person in (D (name): (2) D The PCTSOn in®o (4) D The lawyer for the person in® (name): D Additional persons present are listed at thc end of this Order on Attachment 5. c. D The hearing is continued. The parties must return Io court 0n (dare): at (time): To the Person in 9: 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 to the person named in ® E and to 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 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 or private mail. by interoffice mail, by e-mail, by text message, by fax, or by other electronic means. (3) E Take any action Io obtain [he person‘s address 0r location. lfthis item (3) is not checked, the court has found 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 63(4). b. Peaceful written contact through a lawyer or process server 0r other person for service of legal papers related to a court case is allowed and does not violate this Order. ® E Stay-Away Orders a. You must stay at least 300 yards away from (check all (ha! apply): (l) E The person in Cl) . (7) D The place ofchild care ofthe children of (2) E Each person in@. [he Person ind) - (3) E The home 0fthe person in (D . (8) E The vehicle 0fthe person in®. (4) E The job or workplace of the person (9) D Other (Spccifl); in @. H (5) D The school ofthe person in CD. (6) D The school ofthe children ofthe person in@. b. This stay-away order does not prevent yuu from going m or from your home 0r place of employment. This is a Court Order. R" “m" “42°” Civil Harassment Restraining Order After Hearing CH-130. Pagez of6 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009850 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy 0r try t0 buy. receive or try to receive. or in any other way get guns, other firearms, 0r ammunition. b. Ifyou have not already done so, you must: . Within 24 hours of being served with this Order. sell to or store with a licensed gun dealer, or turn in to a law enforcement agency. any guns or other firearms in your immediate possession or control. o File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You muy usefbrm CH-800. Proof of Firearms Turned In, Sold, or Stored,f0r the receipt.) c. D The court has received information that you own or possess a firearm. d, D The court has made the necessary findings and applies the firearm relinquishment exemption under Code of Civil Procedure section 527.9(0. Under Califomia law, the person in® is not required to relinquish this firearm (.vllec‘ifli‘ make. model. and serial number Qfifirearm(s)): The firearm must be in his 0r her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the person in® may be subject to federal prosecution for possessing or controlling a firearm. D Lawyer's Fees and Costs The person in __ must pay to the person in __ the following amounts for D lawyer‘s fees D costs: Itgm Amount Ite Amount 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 (Dis given the sole possession. care, and control of the animals listed below, which are owned, possessed, leased, kept, or held by him 0r her, or reside in his or her household. (Identifi' animals by, e.g.. 0pc. 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 (specify): D Additional orders are attached at the cnd 0f this Ordcr on Attachment l 1. Rem March 15. 20 19 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETs-CHO) (Civil Harassment Prevention) CH-1 30, Page 3 of 6 9 Case Number: 21CH009850 To the Person in 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. E The clerk will enter this Order and its proof-of-service fonn 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 that this Order is made, the person in® or his 0r 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 ofLaw Enforcement Agency Address (Cin’. Stare. Zipz 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. N0 other proof of service is needed. b.gThe person in® did not attend the hearing. (UN Proof of service of form CH-l 10, Temporary Restraining Order. was presented to the court. The judge’s orders in this form are the same as in fonn CH-l l0 except for the expiration date. The person in must be served with this Order. Service may be by mail. (2) D The judge's orders in this form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® or@-must personally serve a copy of this Order on the person in ®. m 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 to a fee waiver. ® Number of pages attached to this Order, if any: Date: March 30, 2021 ERIK S. JOHNSON This is a Court Order. Civil Harassment Restraining Order After Hearing CH‘130v P39640'5 (CLETs-CHO) -> (Civil Harassment Prevention) Rsvv March 15. 2019 Case Number: 2 l Cl {009850 Warning 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 or try Io buy, receive or try Io receive, or otherwise get guns, other fireanns, or ammunition while this Order is in effect. Ifyou do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or tum in t0 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. 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 of the Order, or has verified its existence on thc California Restraining and Protective Order System (CARPOS). Ifthe law enforcement agency has not received proof 0f service 0n the restrained person. and the restrained person was not present at the court hearing. the agency must advise the restrained person ofthe terms oflhe Order and then must enforce it. Violations 0f this Order are subject t0 criminal penalties. Start Date and End Date of Orders This Order starts on the date next t0 the judge’s signature on page 4 and ends on the expiration date in item@on page 1. Arrest Required If Order Is Violated [fan officer has probable cause Io believe that the restrained person had notice Ofthe 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 of Penal Code section 166 or 273.6. Agencies are encouraged to 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 Prorgfqt'Sen'icc 0r confirms that the PrOQ/‘QfSen'ice is 0n file; 0r The restrained person was at the restraining order hearing or was infomed of the order by an officer. An officer can obtain infonnation about the contents of the order and proofofsen'ice in CARPOS. prroofofservice 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 ot‘the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites 0r consents t0 contact with the restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting t0 contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 13710(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page 50f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev, March 15. 2019 Case Number: 21CH009850 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 Pen. Coda. § 136.3; Fam. Code. §§ 6383(h)(2). 6405(b).) l. EPO: lfone of the orders is an Emergency Prowctirc Ordvr (form EPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No-Comuct 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 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 willfill out this part.) [seal] -Clerk's Certificate- I certify that this Civil Harassment Restraining Order Afler Hearing is a true and correct copy ofthe original on file in the court. Date: Clerk» by , Deputy This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page6 of6 (CLETS-CHO) (Civil Harassment Prevention) Rev. Match 15. 2019