Order Restraining Order After HearingCal. Super. - 6th Dist.February 9, 2021C fDSSd QfiQUeST CH 130 Civ" Harassment ReStraining Clerk stamps date here when formis filed. Order After Hearing GD I’L’Iiwm [H 3/ mm! L'nmp/ere itwns®.®. und® only. I L E Protected Person ‘ a. Your Full Name: Valeria Ochoa MAY 1 2 2021 Your Lawyer ([fyou have onefor this am’) Name: State Bar No.2 £&m th comM Firm Name: BY I'm b. Your Address ([fyou hare a lawyer. giwyour lawyer 's information. [fyou do m1! haw a lawyer and wan! (0 kevpyour Immc address private. you may give a different mailing address insrcud. You (lo no! haw m give (clephone, fax. or e-muil.) Fill in court name and street address: Superior Court of California, County of Santa Clara Address: 2012 Evans Ln #3 Civil Division City; San Jose Slam: CA Zip: 95125 191 North First Street San Jose, CA 951 l3 Telephone: Fax: E'Mml Address: Coun fills in case number when form is filed. Restrained Person Case Number: Full Name: Joseline Arteaga Silva 21C}{009355 Descrimion: Sex: D M E F Height: 5'5 Weight: 14S Date ofBinh: 12/1999* Hair Color: Brown Eye Color: Green Age: 2] Race: Hispanic Home Address ({f'known): 3080 David Ave Apt. #1 l City: San Jose State: CA Zip: 95128 Relationship t0 Protected Person: Fonncr Friend D Additional Protected Persons In addition t0 Ihc person named in@. the following family 0r household members ofthat person are protected by the orders indicated below: Full Name m Ag: Lives with you? How are thev related to vou'.’ D Yes D No D Yes D No D Yes D No D Yes D No D Check In'rc [f(hcre are additional persons. Li's! (Item (m cm anuchcd sheet ofpaper am! write “Altachmem 3~ Additional Protected Persons " as a IiIIv. You may usvfinm M0025. Attachment. Expiration Date This Order. cxceptfor any award oflawyer ’sfees. expires at Time: H :5-2 D aJnFm. D midnighton (dare).- s-//2 r/z‘p Ifno expiration date is written here. this ()rdcr cxpircs Iln‘cc yours from [he date ofissuancc. This is a Court Order. uI Cou I (C m m ( v ' ' - - . . $3°JLM?gfg’mg'zzd‘mwgfi’mmmg" CIVII Harassment Restraining Order After Hearing CH 130. Page 1 of6 C O'CM ur 2 6 n 279 Awwivmy'g'gjm ° “5 7 ‘ “5 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009855 G) Hearing a. There was a hearing 0n (duly): Mav 12. ZOZI at (time): 1:30PM in Dept.: 4 Room: (Nunw Qli/‘udiciul oflicer): Comm. Erik Johnson made the orders at [he hearing. b. These people were at the hearing: (W116 person in®- (3) D The lawyer for the person in ® (name): (- K1116 Person in®. (4) D The lawyer for the person in® (name): D Additional persons present are listed at thc cnd oflhis Order on Attachment 5. c. D The hearing is continued. The parties must rclurn to court on (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 mus! not do the following things lo the person named in® D and Io Ihc other protected persons listed in ©2 (l) E Harass. intimidate. molest. attack. strike. stalk. threaten. assault (sexually 0r otherwise), hit, abuse, destroy personal propeny of, 0r disturb the peace 0f 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 0r private mail. by interoffice mail. by e-mail, by text message, by fax. or by other electronic means. (3) E Take any action to obtain the person‘s address or location. Iflhis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (As'pcc-tfi'): D Other personal conduct orders are attached at Ihc end 0f ‘his Order on Attachment 63(4). 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 (hat apply): (l) E Thc person in® . (7) D The place ofchild care ofthe children of (2) D Each person in@. ‘he Person in® - (3) E Thc home ofthe person in G) . (8) E The vehicle 0fthe person in@. (4) E The job 0r workplace ofthe person (9) E Other (specify): ind). 95 Floyd St, San Jose, CA 95] 10 (5) E The school ofthe person in ®. (6) E) The school ofthechildren orzhe person in @. b. This stay-away order does not prevent you from guing m or {rum your home or place of employment. This is a Court Order. R" ”m" ‘52” Civil Harassment Restraining Order After Hearing CH-130. P3992“ (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 1CH009855 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have. buy 0r try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. 9‘ 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 tum in to a law enforcement agency, any guns 0r other firearms in your immediate possession or control. o 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 uscfbrm CH-8()/). Proof of Firearms Turned In, Sold, 0r P Stored.f0r (he receipt.) D The court has received infonnalion that you own or possess a firearm. d, D The court has made the necessary findings and applies the fireann relinquishment exemption under Code of Civil Procedure section 527.9(0. Under California law, the person in® is not required to relinquish this firearm (specify make. model. (Incl serial number Qlflrau'm(.s')): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place ofemployment. Even ifexempt under California law, the person in® may be subject to federal prosecution for possessing 0r 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: Item Amount lte Amoun; $ S D Additional items and amounts are attached at the end ofthis Order on Attachment 9. D Possession and Protection of Animals a. D The person in @is given the sole possession, care, and control ofthe animals listed below, which are owned, possessed, leased, kept. 0r held by him or her, 0r reside in his or her household. (Idenrifi' animals by. e.g.. o'pe. breed. name. color. sex.) b. D The person in® must stay at least yards away from, and not take, sell, transfer, encumber, conceal, @DOt molest. attack, strike, threaten, harm, or otherwise dispose of, the animals listed above. her Orders (specifi'): D Additional orders are attached at thc end 0f this Order 0n Attachment 1 1. Rev March 15. 2019 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: 21CH009855 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered imo Ihc California Restraining and Protective Order System (CARPOS) through the Califomiu Law Enforcement Telecommunications System (CLETS). (Chuck (mu): a. E The clerk will enter this Order and its proof-of-scrvice form into CARPOS. b. E The clerk will transmit this Order and its proof-of-scn‘ice form lo a law enforcement agency to be entered into CARPOS. c. D By [he close 0f business on the date that this Order is made, the person in ® or his or her lawyer should deliver a copy of [he Order and its proof-of-sen'ice form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (gig; gum Zipg D Additional law enforcement agencies are listed at the end ofthis Order on Attachment 12. ® Service of Order on Restrained Person a. he person in® personally attended the hearing. N0 other proof of service is needed. b. D The person in® did not attend the hearing. (l) D Proof ofscrvice of form CH-l 10, Temporary Restraining Order. was presented to the court. The judge's orders in this fonn are the same as in form CH-l 10 except for the expiration date. The person in ® must be served with this Order. Service may be by mail. (2) D Thejudge‘s orders in this form arc different from the temporary restraining orders in form CH-l l0. Someone-but not anyone in® or @7must personally serve a copy of this Order on the person in®. m E No Fee to Serve (Notify) Restrained Person The sheriff 0r marshal will serve this Order without charge because: a. E The Order is based on unlawful violence. a credible threat ofviolence, or stalking. b. D The person in® is entitled I0 a fee waiver. @ Number ofpages attached t0 this Order, ifany: Date: May 12, 2021 %_\I ERIK S. JOHNSON .lmln iu/ Offit'vr This is a Court Order. Civil Harassment Restraining Order After Hearing CH'130v P39e40‘5 (CLETs-CHO) 9 (Civil Harassment Prevention) Rev Match 15. 2019 Case Number: 2 I CH009855 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 to buy, receive or try to receive, or otherwise get guns, other firearms, 0r ammunition while this Order is in effect. Ifyou 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 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 t0 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 0n the California Restraining and Protective Order System (CARPOS). If the law enforcement agency has not received proof of service 0n the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations of this Order are subject to criminal penalties. Start Date and End Date of Orders This Order starts on the date next to the judge's signature on page 4 and ends on the expiration date in item@on page 1. Arrest Required If Order Is Violated If an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( 1 ), 13701(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. 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 PrOQ/‘QfService 0r confirms that the ProqfofSen'ice is on file; 0r ' The restrained person was at the restraining order hearing or was informed of the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. lf proof of service 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 0f the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or 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 to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 137 l0(b).) This is a Court Order. R6“ Mm" 15- 2°19 Civil Harassment Restraining Order After Hearing CH-130v Page 5 0f 6 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 l CHOO9855 Conflicting Orders-Priorities of Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (Sec Pun. Code, § 136.2; Fum. Code. §§ 6383(h)(2). 64()5(b).) l. EPO.‘ If one of the orders is an Emvrgenqr Prolccriw Onlw' (fonn EPO-OOl) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No-Conmu Order." If (here is n0 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. (2r 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. Ix.) Clerk 's Certificme (Clerk n‘illfill (m! this part.) [seal] -Clerk's Certificate- I certify that this Civil Hurussmcn! Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk, by , Deputy This is a Court Order. R" “m" ‘5-20‘9 Civil Harassment Restraining Order After Hearing CH4”: P3966 0’5 (CLETS-CHO) (Civil Harassment Prevention)