Order Temporary Restraining OrderCal. Super. - 6th Dist.February 9, 2021CH -1 1 0 Temporary Restraining Order C” ”m”mmm” '°'"’ "M Filed Pcrwn in ® mus! complete items® .®. and® only. February 10’ 2021 Protected Person . Clerk of the Court a. Your Fun Name; Ct nH/Na C4 (WV! l [0 Superior Court of CA Your Lawyet (ifyou have onefothis case): county Of Santa Clara Namcv §§"’.R_Q_e rese_nted ._ Slate Bar No.: . ____ 21CH009858 Farm Name; __s_eJI;BgnLgsgnmg_______ By; knguyen b. Your Address Ilfyou have a lawyer, give your lawyer‘s information. Ifyou d0 no! haw a lawyer and wan! to kee your home address private. you may ive a difleren! mailing a dress imleud. Yuu do nu! Supcrior Court of Clllfomla. County o! have lo give Ielep one. fax. re-ma'l. ' q I {3‘41 CI Santa Clara Fl n coon name and strutam“ Address: L \ a “ 191 N. First Street - ML- ~ . 191 N. First StreetCur 9 Statcflllp.flflu- San Jose'cA95113 Telephm“: F“; Civil Courthouse - DTS E-Mail Address: Court fill: n case number when form a Hod CauNu :® :ueusfztl‘zed Personwfi m_‘gvl' 3Um/el ?{Cfloogess Description Sex:Q M D F Height S S Weight: W 5 ‘ 17.2 Daze of Bmh: 3‘41 $1 [£55 Hair Color: Eye Color:hgflni Age: q 7 Race; W ‘0“ C Home Address (ifknmmr \U‘ 'Lq ¢ ”\a r b Cf W“ ‘9/ City: S an 0 State: L’ R Relationship to Protected Person: h e‘ ‘ Q’Xb c Y N V6 Y W'l" Zip; 45 ‘LL Additional Protected Persons In addition to the person named in® . the following family or household members ofthat person are protected by the temporary orders indicated below: C {S (Fall N b m 53g Household Member? Relation to Protecm ur rn H g? \l mm DNo g? \J UNSSQ mkcafi“ n m Yes DNO M _ D Yes D No P Check here iflhere are additional person: List them on an attached sheet ofpaper and write "Alraclunen! 3--Addin'onal Protecred Persons " as a fillet You may use farm M0025. Attachment. Tho: court will complelv Ihc' res! oflhisform. Q) Explratlon Date This Order expirts a! the end aftlae hearing scheduledfor (he dam and rim: below: Date: “I l! - 6 2&2] Time.JJL. Ram. D pm. This is a Court Order. MM“°“".,,"",,.MM°"" Tem ora Restrainin Order CLETS-TCH cn-no.mmgszvogmu p ?Clvll Harassmegnt Prevergtlon) ) ROHCI [l P; Rh“;W”°°‘ wgmm “”21cH009853 To the Person in o: The court has grnnted the temporary orders checked Is granted below. lfyou do not obey these orders, you cu be "rested and charged with a crime. You may be sent lo jail for up to one yur. pay I fine of up to $1,000. or both. C5) Personal Conduct OrdersD Not Requested D Denied Until the Hearing mcranted as Follows: a. You must not do the following things to the person in® and to the other protected persons listcd in© : (l) m Harus, intimidate. molcst. attack. strike. stalk. threaten. assault (sexually or otherwise). hiL abuse. destroy personal property of. or disturb the peace of the 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 inlcroffice mail. by e-mail. by text message. by fax. or by other electronic means. (3) Take any action to obtain the person‘s address or location. lf this item (3) is not checked. the court has found good cause nol lo make this order. (4) D Other (specifv): DOlhcr personal conduct ordcts arc attached It the end of this Order on Attachment 53(4). b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a coun case is allowed and does not violate this order. Howevet. 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 slay at least JD.- yards away from (check all (ha! apply): (l) Thc person in® (7) p Thc place of child car: of the children of (2) Each person in® the person in (D (3) The home oflhe person in G) (8) m The vehicle oflhe person in® (4) D Thejob or wmkplace ofthe person (9) m Other (sperm): in® exccpfi on hr VS'WaZMA (5) D Thcschoolofthepersonin® “(+3 ‘ +0 54'0“! Q4“ ms+ g Co (6) D 111: schooloflhc children ofthe f.“ - awW W K‘ le 'n “LS personin® OW“ ‘1 0w. b. This suy-away order does not prevent you from going lo or from your home 0t place of employment. No Guns or Other Firearms and Ammunition a. You cannot mm. possess. have. buy or try to buy. receive or try to receive. or in any other way get guns. odler firearms, or ammunition. b‘ You must: (l) Sell to or store with a licensed gun dealer. or turn in to a law en forcemcnt agency. any guns or outer firearms in your immediatc possession 0r control. Wis musk bc done within 24 hours ofbcing served with this Order. This is a Court Order. ““‘M‘ ’°"W'” Tempom%Restraining Order (CLETS-TCH) cu-11o, macsmm lvll Harassment Prevention) as. Number. ?lnHflflQBSB (2) 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 mm useform ('H-800. Proofof Firearms Turned In. Sold, or Slorcd,for the receipt. I c. D T11: coun has received information that you ovm or possess a firearm Possession and Protection of Animals Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. Thc person in® is given lhc sole possession. care. and control ofthc animals listed below, which are owned. possessed. leased. kept. or held by him or her. or reside in his or her household. (Identify animals by. e‘gq type. breed. name. color. .tex.) yards away from, and not take. sell. transfer. encumber. conceal.b. D The person in® must stay at least molest. attack. strike, threaten. harm. or otherwise dispose of. the animals listed above. Other Orders Wot Requested D Denied Until the Hearing D Granted as Follows (specify): \ D Additional orders are attached at the end ofthis Order on Attachment 9. To the Person in 0: Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D 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-scrvicc form to a law enforcement agency to be entered into CARPOS. c. D By the close of business on lhc dale that this Order is made. the person in @or his or her lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: flame of Law Enforcement Agency I ' r1! i D Additional law enforcement agencies arc listed at lhc end ofthis Order on Attachment I0. This is a Court Order. "’"“"""‘~’°""“"’"‘"‘“ Tern ora Restrainin Order CLETs-TCH cu-no. p mew ‘m p f(yClvil Harassmgnt Prevesnion) ) age -)‘- Em °“"“'“?’1cH0098 58 No Fee to Serve (Notify) Restrained Person m0rdered D Not Ordered The sheriffor marshal will serve this Order without charge because: a. m 111:: Order is based on unlawful violence, a credible lhreat ofviolence, or stalking. b. D The person in CD is entitled to a fee waiver. ® Number ofpagcs attached to this Order. ifany:- S'W 2/1020” m 39 PM 2-10-2021 C 044 MC CQ/U’Fgfm Judicial Officer Date: Carol Overton Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own. have, possess, bu) or tr) to buy. rcccix c or {r} Io reccixc. or otherwise get guns. other firearms. or ammunition while this Order is in cfi'cct. lfyou do, you can go lo jail and pay a Sl .000 fine. You must sell to or store with a licensed gun dealer. or turn in lo a law enforcement agency. any guns or other firearms that you have or control as stated in item ® above. The court will require you to prove that you did so. Notlce Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining Order and form CH-l09. Notice ofCour! Hearing. but you do not appear a! lhc 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 dale is issued at the hearing, a copy of the 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 converted into a restraining order at the hearing without substantive change. or to find out the duration of the order. contact the clerk ofthe court. After You Have Been Served With a Restraining Order - Obey all the orders. 0 Read form CHvl ZO-INFO. How Cun I Respond Io a Requeslfur Civil Harassmenl Reslruining 0rders.’. lo learn how to respond to this Order. o If you wan! to respond. fill out form CH-l 20. 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 CD. - You must have form CH-IZO served by mail on the person in ® or that person's anomcy. You cannot do this yourself. 111: person who does the mailing should compleic and sign form CH-ZSO, ProofafService ofResponse by Mail. File the completed proof of service with the court clerk before the hearing 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 ofthe facts. You may use form MC-030. Declaration. for this purpose. It is available from the clerk's office at the court shown on page I of this formor at www.courrx.cagowforms. If you do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order. "‘M‘W‘“ """""‘°'"°"" Tern ora Restralnln Order CLETS-TCH cn-no, P(mm p 76w" HarassmgentPreantlon) ) ”“03un- Em Case Number. -2-LCJL00-9.8-58- - Whether or not you file a response. )ou should ancnd the hearing lfyou hayc any witnesses. they mus! also go to the hearing. - Al lhc hearing. lhcjudgc can make rcstraining orders against you that last for up to fivc years. Tcll lhcjudgc why you disagree with the orders requested. Instructions for Law Enforcement Enforclng the Restraining Order This order is enforceable by any law enforcement agency that has received the order. is shown a copy ofthc order. or has verified its existence on the California Restraining and Protective Orders System (CARPOS). lflhe law enforcement agency has not received proofof service on the rcstraincd person. thc agency must advise the restrained person ofthc terms oflhe order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order sums on the date next to the judge‘s signature on page 4. 111: order end: on the expiration date in item ®on page l. Arrest Required if Order ls Violated If an officer has probable cause lo believe that the restrained person had notice of the order and has disobcyed the order. the officer must arrest thc restrained person. (Pen. Codc‘ §§ 836(c)( l)v |3701(b).) A violation ofthe order may bc a violation of Penal Code section |66 or 273.6. Agencies are encouraged lo enter violation messages into CARPOS. NoticeIProof of Service 11w law enforcement agency must first determine ifthe restrained person had notice of thc order. Consider the restrained person “served" (given noficc) if(Pen. Code. § 836(c)(2)): . "[11: officer secs a copy ofthc ProofofScrvicc or confirms lhal lhc Proofof Service is on file; or . T11: restrained person was informed oflhc order by an otficcr. An officer can obtain information about the contents oflhc order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified. the agency mus! advise lhc restrained person of lhc terms ofthc order and then enforce it. If the Protected Person Contacts the Restrained Person Excn ifthc protected person invites or consents Io contact with thc restrained person. this order remains in effect Ind must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the rcstnincd person. The order can be changed only by another court order. (Pen. Code. § l37lO(b).) This is a Court Order. ”“W” ’°"""""""‘“ Tem ora Restrainin Order CLETs-TCH eH-11o, p so:(m p '70le Harassmgent Preve(ntlon) ) .9. 9..- mm CuoNumbon21 CHOU 982d Conflicting Orders-Priorlties 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: If one of the orders is an Emergency Proleclire Order (form EPO-OOI ) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. IJ . No Contact Order: If there is no EPO. a no-contact order that is included in a restraining or protective order has precedence over any other resuaining 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: lf more than one family, juvenile, or other civil restraining or protective order has been issued. the one that \ns issued last must be enforced. Clerk's Certificate [seal] Imam“! 2°11Um FunWW (Clerk willfill out (his part.) Clerk's Certificate- l 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. Temporary Restraining Order (CLETS-TCH) CH-11o. Pap. a «a (Clvll Harassment Prevention)
