Order Temporary Restraining OrderCal. Super. - 6th Dist.February 4, 2021.. CH-1 10 Ten1porary Restraining Order “”273” "°" m"'°""”’*¢ ® Restrained Pemgn Ar ‘ ca” Néqbecnfl 00 98 5 0 February 5, 2021 Pcrsun in CD mus! complete items G) ,® . and @0’71.“ C|erk of the Court ProtGCted P9780?» gmsk Superior Court of CAa. YourFull Name: v f}! 4M v - r County of Santa Clara Your Lawyer (ifyau have onefor (his case): 21 CH009850 Name: s lf‘ 9d Stale Bar No.:--- By: knguyen Firm Name:JW b. Your Address (Ifyou have a lawyer, give your lawyer’s information. . . Ifyou do not have a lawyer and wan! Io kee your home address F” m mu” "‘m' "d “m“m“ private, ypu may ivc a diflérenr mailing a dress instead. You do not Superior Coun of Camomla. County o! have r0 gn'e Idea onc, far. 0r e-ma:l.). Santa Clara Address: 191 N. Fgrst Street City: 5a m j ‘asg Stalengfip; 191 N. First Street" Fax:_ _ San Jose, CA 95113 Tc'ephme- Civil Courthouse - DTS E-Mail Address: a‘ ' c Cour! fills m case number when loan is fihd. Full Name: Dcscript_io_g: ' V U Dr I I, Sex? MBf Height: 5.4L. Weight: __2_-Q5__ Date ofBinhz.m_fi Hair oxor: Eye Color: fiEDfl-gjzrégfi3_ Race:m Home Ad rcss (Ifknuwn : 4 Stale:£#_ZipzmCity: M D5P Relationship to Protected Person: CO nM&‘Or 3 Additional Protected Persons ln addition to the person named in® th: following family or household members ofthat person are protected by the temporary Orders indicated below: ' fl I Nam; C W e ng§cholg Member? Relglign 39 R[gtggteg Egfign Lu; __. - p Yes L] No F ML?-_ es o3 Y D NW. 514‘s f F XL “Yes DNO D. Check here iflhcre arc additional persons. Li's! (hem on an anached shoe! ofpaper and write "Attachment 3-- Addirional Prmc'clud Persons " as a Iin'e You may usejorm MC-l)25, AIIuchmenI. The court will complete the res: ofthisfimn. Expiration Date This Order wires at the end aj'the hearing scheduledfor thc dare and time below: Dale; MAR 3 0 2021 Time:a_iLfi am. D pm. This is a Court Order. mm,“°‘°"“" m“MW" Tempora Restraining Order (CLETS-TCH) CH-11o, page 1 ategmmwk wsJummo ?Clvll Harassment Prevention) ROHCI | l WERN9WWW :mg‘ mf.) L&VIIUU 7VJU I I To the Person in 0: The court has granted the temporary orders checked as granted below. lfyou 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 ofup to $1,000, or both. Personal Conduct Orders D Not Requested DDenled Until the Hearing mGranted as Follows: a. You must not do the following things to the person in®E and to the other protected persons listed in ©2 (l) a Harass, intimidate, molest, attack, strike. stalk. threaten. assault (sexually or otherwise). hit, abuse. destroy personal property of. or disturb the pcacc of xhc 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 inleroffice mail. by e-mail, by text message, by flu. 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 found good cause not to make this order. (4) D Other (:peeifl): DOther personal conduct orders are attached at thc cnd ofthis Order on Attachment 53(4). b. Peaceful written contact through a lawyer 0r 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 @. Stay-Away Order D Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least4L yards away from (check all (ha! apply): (l) m The person in® (7) D The place ofchild care ofthe children of (2) Each person in® the person in ® (3) The home ofthe person in® (8) a The vehicle ofthe person in® (4) The job or workplace ofthe person (9) D Other (specify): in® (5) D The school oflhe person in® (6) D The school ofthe children ofthc person in® b. This stay-away ordcr docs not preVent you from going to or from your home or place ofemploymcnt. No Guns or Other Firearms and Ammunition a. You canno‘ own. possess. have. buy or try to buy. receive or try to 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 turn 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. _ This Is a Court Order. amm‘ zavvw-ww Tem ora Restrainin Order CLETS-TCH CH-11o.P 2 t6(m p ?Civll Harassmgnt PreverStlon) ) .ge 0')¢- Em" UUSB NUHIWI. I210H009850 (2) 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 may usefbrm CH-800, Proofof Firearms Turned In, Sold, or Stored.f0r the receipt.) c. D The coun has received information 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 CD is given the sole possession, care. and control ofthe animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Idennfl 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. Other Orders ¥ Not Requested D Denied Until the Hearing D Granted as Follows (specify): a Additional orders arc attached at the end of this Order on Attachment 9. Tothe Person in 1 : 1o Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Califomia Restraining and Protective Order System (CARPOS) through the Califomia Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-service form into CARPOS. b. E The clerk will transmit this Order and its proof-of-service form to a law enforcement agency m be entered into CARPOS. c. D By the close of business on the date that this Order is made. the person in @or his or her 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 ofLaw Enforcement Agegcy Address (Cm; State, Zigz D Additional law enforcement agencies arc listed at the end ofthis Order on Attachment IO. This is a Court Order. «mmmmumm Tem ora Restrainin Order CLETS-TCH CH-11o, p 3 f6 m‘ p ?CivilHarassmgntprevegtion) ) ace 09 ® No Fee to Serve (Notify) Restrained Person flowered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. m The Order is based on unlawful violence. a credible threat of violence. or stalking. b. D The person in G) is entitled lo a fee waiver. Signed. 2/5/2021 0408 AM® Number of pages attached to this Order. if any: Date: 2-5-2021 C (244% [Q/U/C-(Oq Judicial Officvr CAROL OVERTON Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own. have, possess, buy 0r try Io buy. receive or tr) lo 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 SLOOO fine. You must sell to or store with a licensed gun dealer, or tum in lo a law enforcement agency, any guns or other firearms that you have or control as sxated in item ® above. The coun will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have been personally served with this Temporary Restraining Order and form CH-109. 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 date is issued at the hearing. a copy ofthe order will be served on you by mail at the address in item ®. lfthis address is not correct or you wish to verify that the Temporary Restraining Order was convened into a restraining order at the hearing without substantive change. or to find out the duration ofthe order, contact the clerk of the court. After You Have Been Served With a Restraining Order - Obey all the orders. . Read form CH-120~INFO, How Can I Respond to a Requestfor Civil Harassment Restraining ()rdcr51’, to learn how to respond to this Order. - lfyou want Io respond. fill out form CH-IZO. Response :0 Requestfor Civil Harassment Restraining Orders, and file it with 1he court clerk. You do not have to pay any fee to file your response ifthe Request claims that you inflicted or threatened violence against or stalked the person in® ~ You must have form CH-lZO served by mail on the 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, ProofofSen-ice ofResponse by Mail. File the completed proofofservice with the court clerk before the hearing date or bring it with you to the hearing. - ln addition to the response, you may file and have declarations sewed, 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 coun shown on page l ofthis form or at www.courts.ca,govxy’onns. Ifyou do not know how to prepare a declaration. you should see a lawyer. This is a Court Order. (Rmmmmim‘Mmmm Tem ora Restrainin Order CLETS-TCH CH-no, P 4 tsp 70W“ Harassmgent Preve(ntion) ) age 0-9--Em l ZICHOHQBBD I -‘ Whether or not you file a response, you should attend the hearing. lf you have an} witnesses. they must also go to the hearing. - At the hearing, thcjudgc can make restraining orders against )ou that last for up to five years. Tell thejudgc 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 ofthe order. or has verified its existence on the California Resxraining 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 ofthe terms ofthe order and then must enforce it. Violations oflhis order arc subject to criminal penalties. Start Date and End Date of Orders This order starts 0n the daxe next to thejudge‘s signature on page 4. The order ends on the expiration date in item ®on page]. Arrest Required If Order ls Violated If an officer has probable cause to believe that thc restrained person had notice ofthe order and has disobeyed the order, the officer must arrest the restrained person. (Pen. Code. §§ 836(c)(l ). l3701(b).) A violation ofthc order may be a violation of Penal Code section I66 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticeIProof of Service The law enforcemem agency must first determine if the restrained person had notice ofthe 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 lhc Proofof Service is on file; or o The restrained person was informed oflhe order by an officer. An officer can obtain information about the contents of the order and proof ofscrvice in CARPOS. If proofofservicc on the restrained person cannot be verified. the agency must advise the restrained person ofthe terms ofthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthc protected person invites or consents to contact n ith lhc 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. § I37 | 0(b).) This is a Court Order. “"“”‘"-’°"-““""°"“ Tem ora Restrainin Order CLETS-TCH eH-11o, p s tmt“ p WCMI Harassmgent Preve(ntion) ) m 0-96 CIMNUMWICHoogaso I 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(hx2), 6405(b)): l. EPO: lfonc of the orders is an Emergency Protective Order (form EPO-OOI ) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. 2. N0 Contact Order: lfthere is no EPO. a no-conlact 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 lakes precedence in enforcement over any conflicting civil coun ordcr. 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 willfill out this part.) -C|erk's Certificate- Clerk’s Certificate l certify that this Temporary Restraining Order is a true and correct copy of the [seal] original on file in the coun. Date: _____._._.______ Clerk, by , Deputy This is a Court Order. “MM‘ ’°”“"°‘°'"°"“ Tern ora Restrainin Order CLETS-TCH CH-11o, P s tsmim p WOW"HarassmgentPreantion) ) age o
