Order Temporary Restraining Order

Cal. Super. - 6th Dist.February 9, 2021

DOGJSCQn Envelope ID: 58773A53-129A-4F28-8C90-553A90A9‘6FA Clerk stamps dare hem when form is filed. CH-1 1 0 Temporary Restraining Order Person in ® mus! cornplere items <1) ,® and ®nnl_\-. Filed Protected Person February 9. 2021 a Your Full Name' Clerk Of the court ' . ~ . __ Superior Court of CA Your Lawyer (tfyou have onefor thxs case): County of Santa Clara Nan”: State Bar N0.: 21CH009857 Firm Name: SELE-REPREQENTFD By: knguyen b. Your Address (Ifyou have a lawyer, give your lawyer's information. lfyou do n0! have a lawyer and wan! Io kee your home address rivate. you may ive a difleren! mailing a dress instead. You do nm gave Io give telep one. fax. or e-mail. ): Address:MM? Fill in coun name and street addmss: Superior Coun of Calflomla. County 01 Santa Clara County 191 N. First St. 191 N. First St.Cityzaammflpflfimw San Jose, CA 95112 Telephone: Fax: E-Mail Address: Cour! fills in case number when fonn Is ITIad. Cue Number: 21cu009857Restrained Person FullName: Jairo Ramos Description: Sex:m M D F Height: 5_2_' ____ Weight: 1A_D___. Date of Birth: M2123- Hair Color: 81L- Eye Color: Brn _ Age: 28 Race: Lat Home Address (ifknown): 2490 Ford Ham St- City: E Pa] n A] to Relationship lo Protected Person: Friend Slate: CA______ Zip:943.03- D Additional Protected Persons In addition to the person named in® thc following family or household members of that person are protected by the temporary orders indicated below: Full Name fig; Ag; Household Member? Relation to Protectg Egmg D Yes D No D Yes D No D Yes D No D Yes D No D Check here If there are additional persons. List them on an attached sheet ofpaper and write “Attachment 3- Additional Protected Persons " as a title. You may useform M0025, Attachment. The court will complete (he res! of Ihisfonn. ® Expiration Date This Order expires at the end of the hearing scheduledfor (he date and time below: Date: m R -6 202‘ Timc:‘flgv Nam. me. This is a Court Order. Temporarzc Restraining Order (CLETS-TCH) lvll Harassment Prevention) WMdW-nmugovhmmmzmtwmmdwm.”m6msz79Whom CH-110. Pm 1 d6 9 GB‘E-unuuEm Alicia FrancesOropeza. Oocusun Envelope Io: aanmmzsmm-ecsc-smomsm Cue Number: 21CH009857 To the Person in 9: The court has granted the temporary orders checked as granted 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. ® Persona| Conduct OrdersD Not Requested DDenled Untll the Hearlng EGranted as Follows: a. You must not do the following things to the person in (D D and to the other protected persons listed in@: (l) m 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) m 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 interofficc mail, by c-mail, by text message. by fax. or by other electronic means. (3) m Take any action to obtain the person‘s address or location. If this item (3) is not checked. the coun 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 5a(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court casc is aHowcd 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 Untll the Hearing m Granted as Follows: a. You must stay at least J_QO___ yards away from (check all that apply): (l) m The person in® (7) D The place of child care of the children of (2) D Each person in © the person in ® (3) m Thc home of the person in® (8) m The vehicle of the person in® (4) m The job or workplace of thc person (9) D Other (specify): in® (5) m Thc school of the person in® (6) D The school of the children of the person in® b. This stay-away order docs not prevent you from going to or from your home or place of employment. No Guns or Other Firearms and Ammunition a. You cannot own. possess. have, buy or try to buy. receive or try to receive. or in any other way get guns. other fircam. or ammunition. b. You must: (l) Sell to or store with a licensed gun dealer. or tum in to a law enforcement agency. any guns or other firearms in your immediate possession or control. This muet bc done within 24 hours of being sewed with this Order. . _ Thus Is a Court Order. “WM“ Tem ora Restrainln Order CLETS-TCH cu-11o,p zoos 'g-B-ém p ?ClvllHarassmegntPrevenglon) ) .9. 9 Oropeza, Alicia Frances DoaJSnn Envelope ID: 8877M53429A-4F25-6C90-553A90A946FA Case Number: y_- (2) File a receipt With the coun within 48 hours of rcccix ing lhis Ordcr that provcs that your guns or firearms have bccn turned in. sold. or stored. (You mm use farm CH-800. Prouf of Firearms Turned In. Sold. or Stored. for the receipt.) c. D The coun has received information that you own or posucss a firearm. Possesslon and Protection ot Anlmals m Not Requested D Denled Until the Hearing D Granted as Follows (specify): a. D Thc person in (D is given lhc sole possession. care. and control of the animals listed below. which arc owned. possessed. leased. kept. or held by him or her. or reside in his or her household. (Identify animals by. e.g., type, breed. name. color. sex.) b. D The person in® must slay at least yards away from. and not take. sell. transfer. encumber. conceal. molest, attack. strike. threaten. harm, or otherwise dispose of. lhc animals listed above. Other Orders m Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders arc attached at lhc end of ths Ordcr on Attachment 9. To the Person ino: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into Lhc California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. m The clerk will cmcr this Order and its proof-of-senicc form into CARPOS. b. D The clerk will transmit this Order and its proof-of-scrvicc form to a law enforcement agency to be entered into CARPOS. c. D By the close of business on the date that this Order i5 made. (he person in @01’ his or her lawyer should deliver a copy of (he Order and its proof-of-scrvice form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agcncv Address (Can. State. 2in D Additional law enforcement agencies arc listed at (he end of this Order on Attachment IO. This is a Court Order. MW‘S-m" Tem ra Restrainin Order CLETS-TCH CH-11o. P sonw, p0 76M! Harassmgnt Prevor(mon) ) .9. 9“Em Oropeza, Alicia Frances Dowsmn Envelope ID: 88 773A53- 1 29A-4F28-BCQC-553A90A946FA Case Number: 216H009857 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 violencc. a credible threat 0f violence. or stalking. b. D The person in®is entitled to a fee waiver. ® Number of pages attached to this Order. if any:__ sawed: 2/9/2021 02:03 pm Date: 3350-21...__ CWUfi Wagon. Judicial Ofl7c‘er CAROL OVERTON Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own. have. possess. buy or try to buy. reccive or try to receive, or otherwise gel guns. other fireafins. or ammunition while this Order is in effect. If you do, you can go Io jail and pay a $1.000 fine. You must sell to or store with a licensed gun dealer. or turn 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 Io prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with this Temporary Restraining Order and form CH- 109, Notice of Court 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 of the order will be served on you by mail at the address in itcm®. If this 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 lo find out the duration of the order, contact the clerk of the court. After You Have Been Served With a Restraining Order - Obey all the orders. o Read form CH-lZO-INFO. How Can l Respond Io a Requestfor Civil Harassment Restraining Orders ?, to learn how to respond to this Order. - If you want t0 respond. fill out form CH-lZO. Response to Requestfor Civil Harassment Restraining Orders, and file it with the court clerk. You do not have to pay any fee to file your response if the Request claims that you inflicted or threatened violence against or stalked the person in (D. - You must have form CH-IZO served by mail on the person in ® or that person‘s attorney. You cannot do this yourself. The person who docs the mailing should complete and sign form CH-250, ProofofService ofResponse by Mail. File the completed proof of service with the court clerk before the hcan‘ng date or bring it with you to the hearing. - In addition to the response, you may file and have declarations served. signed by you and other persons who have personal knowledge of (he facts. You may use form M0030, Declaration. for this purpose. II is available from the clerk's office at the court shown on page 1 of this form or at www.couns.ca.go»fionns. If you do no! know how to prepare a decimation. you should see a lawyer. This is a Court Order. M‘mm‘s'mw” Tem ora Restrainin Order CLETS-TCH CH-11o. p @iflm p rYCMIHarassmgntPreveSnIon) ) “9““;Oropeza, Alicia Frances Dowsagn Envelope ID: 88773A53-129A-4F28-BCQC-553A90A946FA Case Number:4 - Whether or not you filc a response, )ou should attend the hearing. If you have any witnesses. they must also go lo the hearing. o At the hearing. the judge can make restraining orders against you that last for up to five years. Tell the judge why you disagree with the orders requestcd. 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 of the order. or has verified its existence on the California Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person. lhe agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this ordcr arc subject lo criminal penalties. Start Date and End Date of Orders This order starts on the date next to the judge's signature on page 4. The order ends on the expiration date in item ®on page l. Arrest Required If Order ls Violated lf an officer has probable cause to believe that the restrained person had notice of the order and has disobeyed the order. the officer must arrest the restrained person. (Pen. Code. §§ 836(c)( I ). l370|(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged lo enter violation messages into CARPOS. Natlce/Proof ot Servlce 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)): o The officer secs a copy of the Proof of Service or confirms that the Proof of Service is on file; or o The restraincd person 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. If proof of service on the restrained person cannot be verified. the agency must advise the restrained person of the terms of the order and then cnforcc it. If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must be enforced. The protected person cannot bc arrested for inviting or consenting to contact with the restrained person. The order can be changcd only by another court order. (Pen. Code, § 137 10(b).) This is a Court Order. “'"wmm Tem ora Restrainin Order CLETS-TCH cu-no. p sow m3? p rYCIVII Harassmgnt Prevegtlon) ) .9. 9“13m Orooeza. Alicia Frances DowSlgn Envelope ID: 88773A53-129A-4F28-BC9C-553A90A946FA Cue Number: 21CH009857 Conflicting Orders-Priorities tor Enforcement If more than one restraining order has been issued, the orders must be enforced accordlng to the followlng prlorltles (see Pen. Code, § 136.2; Fam. Code, §§ 6383(h)(2). 6405(b)): l. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOl) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. 2. No-Conlact 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 coun 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 on_e that was issued last must be enforced. (Clerk willfill ou! this part.) Clerk's Certificate -C|erk's Certificate- [seal] I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date:__-_. Clerk. by . Deputy This is a Court Order. “'W‘5'”‘° Tem ora Restrainin Order CLETS-TCH CH-11o. p sate®m p 70M! HarassmgntPreveSItion) ) agea... Em." Oropeza, Alicia Frances