Request Restraining OrderCal. Super. - 6th Dist.February 9, 2021DocuSign Envelope ID: 88773A53-129A-4F28-BCQC-553A90A946FA CH 1 00 Request for CiVil Harassment Clerk stamps dare here when formis filed. '__ Restraininq Orders Read ('un u Civil Humsumwnt Restraining Order Help Me? (form CH-IOO- INFO) before completing this form. Also fill out Confidential CLETS | L E Information (form CLETS-OOI) with as much information as you know. FEB ’ 9 2021 Km . UG Person Seeking Protection C‘erk 0‘ he 0:82,;M I a. Your Full Name: Wow! DEPUTY Alicia Erancpq Orop97a Age:9'% FY 3’ Your Lawyer (ifyou have onefor this case) Fill in coun name and street address: Name: State Bar No.2____ Superlor Court 0t Callfornla, County of Firm Name: SELF-RRPRESENTED santa Clara county191 N. First St. b. Your Address (lfyou have a lawyer, give your lawyer’s l9 l N . Fi rs t St . information. lfyou do not have a lawyer and want to keep your san Jose ' CA 9 5 1 12 home address private, you may give a diflerent mailing address instead. You d0 not have t0 give telephone. fax, 0r e-mail. ) Court fills in case number when form is filed. Address: 65 E Gish Rd #7 CaseNMJ“ 00 98 5 I City: San Jose State:CA_ Zip:9_5_]_]_2____ Telephone: Fax: E-Mail Address: C2) Person From Whom Protection Is Sought FullName: Jairo Ramos Age:28- Address(ifknown):2490 Ford Ham St City:E Palo Alto State: CA..__Zip:9_43_03_ G) Additional Protected Persons a. Are you asking for protection for any other family or household members? DYes m No Ifyes, list them: Full Name fl Ag; Lives with you? How are they related to vou? D Yes D No D Yes D No D Yes D No D Yes D No D Check here ifthere are more persons. Attach a sheet ofpaper and write “Attachment 3a-Additional Protected Persons" for a title. You may useform MC-025, Attachment. b. Why do these people need protection? (Explain below): D Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet 0f paper orform MC-025 and write “Attachment 3b-Why Others Need Protection " for a title. This is not a Court Order. fiJh‘gfifi‘JflFfmwmwfioflf-W Request for Civil Harassment Restraining Orders CH-1oo, Page 1 ots °' V '°°°d“’°' 52 “M52 ‘9 (Clvil Harassment Prevention) 9w EmnfldM EFonns' Oropeza, Alicia Frances DOCUSIgn Envelope ID: 88773A53-129A-4F28-BC9C-553AQDA946FA Case Number: ® C5) Relationship of Parties How do you know the person in®? (Explain below): D Check here if there is not enough space for your answer. Put your complete answer on the attached sheet 0f paper orform MC-025 and write “Attachment 4-Relationship of Parties” for a title. We were acquaintanres lfriendS Venue Why are you filing in this county? (Check all that apply): a. m The person in® lives in this county. b. m I was harassed by the person in® in this county. c. D Other (specifv): Other Court Cases a. Have you or any of the persons named in® been involved in another court case with the person in®? a Yes D No (Ifyes, check each kind of case and indicate where and when each wasfiled. ) Kind of Case Filed in (Counry/State) Year Filed Case Number (ifknown) (1) D Civil Harassment (2) a Domestic Violence (3) D Divorce, Nullity, Legal Separation (4) D Paternity, Parentage, Child Custody (5) D Elder or Dependent Adult Abuse (6) D Eviction (7) D Guardianship (8) D Workplace Violence (9) D Small Claims (1mm Criminal Santa Clara 2021 210200060 (11D Other (specify): b. Are there now any protective or restraining orders in effect relating to you or any of the persons in @and the person in® ? m No DYes (lfyes, attach a copy ifyou have one. ) Description of Harassment Harassment means violence or threats of violence against you, or a course of conduct that seriously alarmed, annoyed, or harassed you and caused you substantial emotional distress. A course of conduct is more than one act. a. Tell the court about the last time the person in ® harassed you. (1) When did it happen? (provide date or estimated date): 01 / 2 0 / 2 02 1 (2) Who else was there? Blease see attached declaration This is not a Court Order. """"‘“““"Y"2°‘° Request for Civil Harassment Restraining Orders CH-1oo, Pagez o: e cm‘m (Civil Harassment Prevention).5... EFOJII-w -) Oropeza, Alicia Frances DocuSign Envelope ID: 88773A53-129A-4F28-BCQC-553AQDA946FA Case Number: 21CH009857 ® a. (3) (4) (5) (6) How did the person in® harass you? (Explain below): m Check here if there is no! enough space for your answer. Put your complete answer 0n the attached sheet ofpaper orform MC-025 and write "Artachmen! 7a(3)-Describe Harassment " for a title. Blease see attached declaration Did the person in® use or threaten to use a gun or any other weapon? m Yes D No (Ifyes, explain below): D Check here if there is n0! enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write “Attachment 7a(4)-Use 0f Weapons" for a title. Reqpondent‘ used his handq to hold me down and quffocate me Were you harmed or injured because of the harassment? m Yes D No (Ifyes, explain below): a Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write “Attachment 7a(5)-Harm 0r Injury " for a title. Pleaqe see attached declaration Did the police come? m Yes D No If yes. did they give you or the person in ®an Emergency Protective Order?D Yes m No If yes, the order protects (check all that apply): DMe D The person in ® a The persons in @. (Attach a copy ofthe order tfyou have one. ) b. Has the person in ® harassed you at other times?D Yes m N0 (lfyes, describe prior incidents and provide dates ofharassment below): D Check here ifthere is not enough space for your answer. Put your complete answer on the attached sheet of paper orform MC-025 and write “Attachment 7b-Previous Harassment" for a title. This is not a Court Order. “”“JW‘MM Request for Civil Harassment Restraining Orders CH-1oo, Pageaots mg‘m (Civil Harassment Prevention) Oropeza, Alicia Frances DocuSlgn Envelope ID: 83773A53-129A-4F28-BCQC-553A90A946FA Case Number: Check the orders you want. m Personal Conduct Orders I ask the court to order the person in @not to do any of the following things to me or t0 any person to be protected listed in® : a. EHarass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of the person. b. 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 interoffice mail, by e-mail, by text message, by fax, or by other electronic means. c. m Other (specifi): D Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write "Attachment 8c-0ther Personal Conduct Orders, "for a title. The person in ®will be ordered not to take any action to get the addresses 0r locations ofany protected person unless the courtfinds good cause not to make the order. MStay-Away Orders a. I ask the court to order the person in ® to stay at leastfl- yards away from (check all that apply): (l) m Me. (8) m My vehicle. (2) D The other persons listed in@. (9) D Other (specify): (3) m My home. (4) m My job or workplace. (5) m My school. (6) D My children’s school. (7) D My children's place of child care. b. If the coun orders the person in ®to stay away from all the places listed above, will he or she still be able to get to his or her home, school, or job? m Yes DNo (Ifno, explain below): D Check here lfthere is n01 enough space for your answer. Put your complete answer 0n the anached sheet 0f paper orform MC-025 and write “Attachment 9b-Stay-Away Orders, " for a title. Guns or Other Firearms and Ammunltlon Does the person in ®0wn or possess any guns or other firearms? DYes DNO ml don’t know If thejudge grants a protective order, the person in ® will be prohibitedfrom owning, possessing, purchasing, receiving, 0r attempting to purchase 0r receive a gun, otherfirearm, and ammunition while the protective order is in eflect. The person in ®will also be ordered m rum in m lau- enforcement, or sell t0 or store with a licensed gun dealer, any guns orfirearms within his or her inmmliale possession 0r control. This is not a Court Order. “"‘W‘W‘W " 2°” Request for Civil Harassment Restraining Orders cn-1oo, page 4 o: ecm 5m (Civil Harassment Prevention)M Fling 9 Oroneza. Alicia Frances DocuSign Envelope ID: 83773A53-129A-4F28-BC9C-553AQDA946FA CaseNuzTrcHoo 98 57 ® m Temporary Restraining Order I request that a Temporary Restraining Order (TRO) be issued against the person in ® to last until the hearing. I am presenting form CH-l 10, Temporary Restraining Order, for the court’s signature together with thls Request. Has the person in ® been told that you were going t0 go to court t0 seek a TRO against him/her? DYes END (Ifyou answered no, explain why below): D Check here if there is not enough space for your answer. Put your complete answer 0n the attached sheet of paper orform MC-025 and write “Attachment 1 I-Temporary Restraining Order” for a title. I fear for my safety ® D Request to Give Less Than Five Days' Notice of Hearing You must have your papers personally served 0n the person in® a! leastfive days before the hearing, unless the court orders a shorter timefor service. (Form CH-200-INFO explains What Is “Proof of Personal Service”? Form CH-200, Proof of Personal Service, may be used t0 show the court that the papers have been served. ) If you want there to be fewer than five days between service and the hearing, explain why below: a Check here 1f there is not enough spacefor your answer. Put your complete answer 0n the attached sheet 0f paper orform MC-025 and write “Attachment 12-Request t0 Give Less Than Five Days' Notice” for a title. E No Fee for Filing or Service a. m There should be no filing fee because the person in®has used or threatened to use violence against me, has stalked me, or has acted or spoken in some other way that makes me reasonably fear violence. b. m The sheriff or marshal should serve (notify) the person in ®ab0ut the orders for free because my request for orders is based on unlawful violence, a credible threat of violence, or stalking. c. m There should be no filing fee and the sheriff or marshal should serve the person in ®for free because I am entitled to a fee waiver. (You must complete andfileform FW-OOI, Application for Waiver of Court Fees and Costs.) D Lawyer's Fees and Costs I ask the court to order payment of my D lawyer's fees D Court costs. The amounts requested are: 11m Amount Lem Amount $ $ $ $ $ $ D Check here if there are more items. Put the items and amounts on the attached sheet ofpaper orform MC-025 and write “Attachment 14-Law_\'er's Fees and C()sts"f0r a title. This is not a Court Order. “'M“"“"’"2°‘° Request for Civil Harassment Restraining Orders CH-1oo, Pagesots CEB l mm“ (Civil Harassment Prevention) DocuSign Envelope ID: 83773A53-129A-4F28-BCQC-553AQDA946FA Case Number: D Possession and Protection of Animals I ask the court to order the following: a. DThat I be given the sole possession, care, and control of the animals listed below, which I own, possess, lease, keep, or hold, or which reside in my household. (Identify animals by, e.g., type, breed, name, color, sex.) Irequest sole possession of the animals because (specify good causefor granting order): D Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orform MC-025 and write “Attachment 15a-Possessi0n ofAnimals ” for a title. b. DThat 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 Additional Orders Requested I ask the court to make the following additional orders (specify): D Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet 0f paper orform MC-025 and write “Attachment Ié-Additional Orders Requested, ” for a title. ® Number of pages attached to this form, if any:- Date: Lawyer’s name (1f any) Lawyer’s signature Ideclare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. 2/8/2021 Date: 0mm”W ’| dummy,“ Type or print your name Sign your name” This is not a Court Order. Request for Civil Harassment Restrainin Ordersm (CivilHarassmentPrevention) gRaviud January 1, 201 B CH-1 00, Page 6 of 6CEB'MI Oroneza. Alicia Frances DocuSign Envelope ID: 83773A53-129A-4F28-BC90-553A90A946FA MC-025 SHORT TITLE: CASE NUMBER: -Oropeza v. Ramos 21CH009857 ATTACHMENT(NumbeU: (This Attachment may be used with any Judicial Council form.) CH-lOO: INCIDENT OF SEXUAL HARASSMENT/ABUSE RELATIONSHIP BETWEEN THE PARTIES I met Respondent in or around November of 2020. Respondent and I were just acquaintances because I met him through one of my really good friends, Xotchitl. Respondent would hang out with my good friends and I sometimes. INCIDENT OF SEXUAL ABUSE In or around January 20, 2021, I was home with my friend Xotchitl, Danny, Jairo, and a friend of Jairo's. We were hanging out and Jairo was drinking alcohol. We hung out for some time, until everyone left. Respondent stopped and said he needed to go to the bathroom. Respondent came out of the bathroom and everyone else was gone. Respondent walked to the door as if he was leaving and gave me a hug as if he was going to leave, but as I tried to open the door, he closed the door. Respondent then pushed me down onto my couch. Respondent started kissing me all over my neck and tried to take off my clothes. I continously begged Respondent and told him to "stop" and to "get away from me," however Respondent proceeded to try to take off my clothes while I struggled to push him off or get away from him. Respondent became more and more aggressive with me. Respondent was holding my hands down against the couch and had me pinned down and as I struggled his grasp became tighter and he got closer to me. I couldn't really breathe because I was suffocating with his jacket when he was on me. Respondent then put his hand down my pants and under my underwear after I continously begged him to stop. Respondent tried to grab my hand and force me to touch his genitals, but I pulled it away. As Respondent tried to take off my pants, I finally freed myself from him. I got up and Respondent walked out immediately. As soon as Respondent left, I called my friend Danny and he came over with me to provide support. I called the police and they came to my home to take my report of the incident. They took me to provide a SAFE exam and then brought me back home. Respondent texted me early in the morning the next day as soon as I was back from the hospital (Please see attached). I did not respond to any of his messages. REQUEST For the reasons stated above, I am requesting a five-year Civil Harassment Restraining Order protecting me from Respondent. I fear for my safety and fear he will retaliate for my reporting of the incident. (If the item that this Attachment concerns is made under penalty of perjury, all statements in this Page o! Anachment are made under penalty of perjury.) (Add pages as required) FormAp roved lorO tionnl Use ATTACHMENT www.oounhb.a.gov Judicia Council of aliiomia moms [new July 1. zoos] to Judicial Councll Form Oropeza, Alicia FrancesC83” ohm Euunwi jafimmr wwuv-su huvv-vyw nu. vu: n v: \uv Isvn w-l nu uvvv vvv- Iva: uu'vu- n u flogmn 21cH009857 Hey Sorry for what happened last night it was not my intention if you don't want to talk to me anymore it's all good I understand but I'm sorry Be well Happy day take care