Order Restraining Order After HearingCal. Super. - 6th Dist.February 9, 2021’ i CH 1 30 Civil Harassment Restraining crerksramps darenere wnenrormis filed. Order After Hearing ® Person in G) must complete items©,®, and® only. Protected Person a. Your FulIName: Cinthya G Carrillo A Your Lawyer (ifyou have onefor this case) Name: State Bar N0.: Finn Name: b. Your Address (Ifyou have a lawyer, give your lawyer’s iryrormatz'on. Ifyou d0 nor have a lawyer and want t0 keep your home address Hm” com name and streetaddressl, prwme, you may gzve a different mailing address mstead. You d0 not Superior Court of California, County of have r0 give telephone, fiu‘, 0r e-mail.) Santa Clara Address: 5764 Chandler Ct Civil Division City: San Joge State: CA Zip: 95123 191 North FlrSt Street San Jose, CA 951 13 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Person Case Number: FullName: Luis MiguelJuarez 21CH009858 Descfiption: Sex: M D F Height: 5'9 Weight: 165-170 Date ofBirth: Apr 13, 1984 Hair Color: Brown Eye Color: Brown Age: 37 Race: Hispanic Home Address (ifknown): 1424 Belharbor Way City: San Jose State: CA Zip: 95122 Relationship to Protected Person: Neighbor Additional Protected Persons In addition t0 the person named in ®, the following family or household members of that person are protected by the orders indicated below: Full Name fig Aae Lives with you? How are thev related to vou? Cesar Carrillo M 11 Yes D N0 Son D Yes D No Vanessa Magana F 17 Yes D No Daughter D Yes El N0 D Check here ifthere are additional persons. List them on cm attached sheet ofpaper and write “Attachment 3- Addirional Protected Persons ” a5 a title. You may usefonn 1140025, Attachment. Expiration Date This Order, exceptfor any award oflmvyer ’sfees, expires at Time: u "E Ii D a.m. D p.m. midnighton (date): VI/g I/Zf If no expiration date is written here, this Order expires three years from the date 0f issuance. This is a Court Order. Jfiuedvi-Cilsllaiohu1gi.‘ggglmi'tmfifinmg‘” Civil Harassment Restraining Order After Hearing CH-130. Page 1 ofB Cod fCI il P d I 527.6 d 527.9 Appii’edzyosje 5‘5 a” (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009858 ® Hearing a. There was a hearing on (date). Agr 6. 2021 at (lime): 9:00 AM in Dept.: 4 Room: {Name ofjudicz'al oficel). Comm. Erik Johnson made the orders a1 the hearing. b. These people were at the hearing: (l)fl The person in@. (3) D The lawyer for the person in ® (name): (2) D The person in®. (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end oftllis Order oh Attachment 5. c. D The hearing is continued. The parties must retum to court 0n (dare): at (time): To the Person in9: 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. Personal Conduct Orders a. You must not do the following things to the person named in® and to the other protected persons listed in ©z (l) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f, or 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 or private mail, by interoffice mail, by e-mail, by text message by fax, or by other electronic means. (3) Take any action to obtain the person's address 0r location. If this item (3) is not checked, the court has found good cause not t0 make this order. (4) D Other (Specifiz): D Other personal conduct orders are attached at the end ofthis Order 0n Attachment 6a(4). b. Peaceful written contact through a lawyer or process server or other person for service of legal papers related to a court case is allowed and does not violate this Order. ® Stay-Away Orders 11- You must stay at least 300 yards away from (check all (ha! apply): (1) The person in® . (7) The place ofchild care ofthe children of (2) Each person in@. the Person in® - (3) The home ofthe person in® . (8) The vehicle ofthe person i116). (4) D Thejob or workplace ofthe person (9) Other (5106695,); 1fl®. Exception: You must stay at least 200 feet away from (5) a The school ofthe person in G) persons in 1 & 3 while panics are at home. (6) D The schoolofthe children 0fthe £5” ”gigs; Ha 4L“ ar‘lér g lrdl/ person in® fl [£5 M fi'f‘nf F 5am, [a is' Me" b. This stay-away order does not prevent you from going t0 0r from your home or place ofemployrnent. This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. P3982 0f6 (CLETS-CHO) 9 (Civil Harassment Prevention) Rev. March 15. 2019 Case Number: 21CH009858 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy 0r try t0 buy, receive 0r try t0 receive, 0r in any other way get guns, other firearms, 0r ammunition. b. If you have not already done so, you must: - Within 24 hours 0f being served with this Order, sell to 0r store with a licensed gun dealer, or turn in t0 a law enforcement agency, any guns or other firearms in your immediate possession 0r control. - File a receipt with the court within 48 hours 0f receiving this Order that proves that your guns 0r firearms have been turned in, sold, 0r stored. (You may useform CH-800, Proof 0f Fireaxms 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 California law, the person in® is not required t0 relinquish this firearm (specifi: make, mode], and serial number 0ffirearm(s)): The firearm must be in his or her physical possession only during scheduled work hours and during travel t0 and from his 0r her place ofemployment. Even ifexempt under California law, the person in® may be subject t0 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 ‘ Item Amount $ $ $ $ B Additional items and amounts are attached at the end 0fthis Order on Attachment 9. El Possession and Protection of Animals a. D The person in @is given the sole possession, care, and control 0fthe animals listed below, which are owued, possessed, leased, kept, or held by him 0r her, 0r reside in his or her household. (Idenrifi; animals by, e.g., {vpa 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, 0r otherwise dispose of, the animals listed above. ® D Other Orders (specify): D Additional orders are attached at the end ofthis Order on Attachment 1 1. This is a Court Order. ReVIMS'Ch‘m‘g ~ Civil Harassment Restraining Order After Hearing CH'130- P8983“? (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009858 T¢ 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. The clerk will enter this Order and its proof-of-service form into CARPOS. b. The clerk will transmit this Order and its proof-of-service form to a law enforcement agency t0 be entered into CARPOS. c. D By the close ofbusiness 0n the date that this Order is made, the person in® 0r his or her lawyer should deliver a copy 0fthe Order and its proof-of-service form to the law enforcement agency listed below t0 enter into CARPOS: Name of Law Enforcement Agency Address {C111}, Smre‘ Zia) 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 0f service is needed. b. m The person in® did not attend the hearing. (1) m Proof 0f service ofform CH-l 10, Tempormy Remaining Order, was presented t0 the court. The judge’s orders in this form 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 are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® 0r®-must personally serve a copy 0fthis Order 0n the person in®. No Fee to Serve (Notify) Restrained Person The sheriff 0r marshal will serve this Order without charge because: a. The Order is based 0n unlawful violence, a credible threat ofviolence, 0r stalking. b. D The person in® is entitled t0 a fee waiver. @ Number of pages attached to this Order, if any: Date: April 6, 2021 \. Ju flicer ERIK s_ JOHNSON This is a Court Order. R°"'Ma'°“ 151°” Civil Harassment Restraining Order After Hearing CH'130- Page 4 0‘5 (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009858 _ arfiipg afhd thicé to the_R__estrai.,!19d Person _in_ 0: You Cannot Have Guns or Firearms Unless item 8d is checked, you cannot own, have, possess, buy or try l0 buy, receive or try to receive, or otherwise get guns, other fireamls, or ammunition while this Order is in effect. If you d0, you can g0 to jail and pay a $1,000 fine. You must sell t0 0r store with a licensed gun dealer, 0r tum in to a law enforcement agency, any guns 0r other firearms that you have 0r 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 on the California Restraining and Protective Order System (CARPOS). Ifthe 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 0fthe Order and then must enforce it. Violations of this Order are subject t0 criminal penalties. Start Date and End Date of Orders This Order Starts 0n the date next t0 thejudge’s signature 0n page 4 and ends on the expiration date in item®on page 1. Arrest Required lf Order ls Violated If an officer has probable cause t0 believe that the restrained person had notice 0fthe 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. NoticeIProof 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 0fthe ProofofSewz'ce 0r confirms that the ProofofSewice is on file; 0r ' The restrained person was at the restraining order hearing or was informed ofthe order by an officer. An officer can obtain information about the contents ofthe order and proofof service in CARPOS. If proof 0f service 0n the restrained person cannot be verified and the restrained person was not present at the court hearing, [he agency must advise the restrained person ofthe 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, § 13710(b).) This is a Court Order. Revmmmm Civil Harassment Restraining Order After Hearing CH-130: Page 5°f5 (CLETs-CHO) 9 (Civil Harassment Prev'ention) Case Number: 21CH009858 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. Code. § 136.2; Fam. Code, §§ 6383090), 6405(b).) 1. EPO: If one ofthe 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. No-Cantacr Order: Ifthere is no EPO, a no-contact order that is included in a restraining 0r protective order has precedence over any other restraining 0r protective order. 3. Criminal Order: If none 0fthe 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, 0r Civil Order: Ifmore than one family,juvenile, or other civil restraining 0r protective order has been issued, the one that was issued last must be enforced. Clerk's Certificate (Clerk willfill out this part.) [seal] -C|erk's Certificate- I certify that this Civil Harassment Restraining OrderAfter Hearing is a true and correct copy oflhe original 0n file in the court. Date: Clerk, by , Deputy This is a Court Order. Re“ Mm“ 15-2019 Civil Harassment Restraining Order After Hearing CH-130s P399 5 0‘5 (CLETs-CHO) (Civil Harassment Prevention)
