Order Temporary Restraining OrderCal. Super. - 6th Dist.February 10, 2021CH-1 1 0 Temporary Restraining Order Cm“mm” "9” m”’°”""”’°d- Filed Pursm: in <1) mus! complex ilcms@ .® um!® only. February 10 2021 G) Protected Person Clerk of the Court a, Your FullName: “a 333 g n ABLE CD C 1 ?ro SL1 Superior Court of CA Your Lawyer (zfyou haw: onefor this case): county Of santa Clara Name: State Bar No.2 21 CH009859_ B 2 Firm Name: y knguye” b. Your Address (lfyou have a lauyer. give your lauycr‘s information. Ifyou do not haw a luuyer and want to keep your home address Fm in ooun name and street addess: private, you may give a dtflen’m mailing address instead. You (10 n0! Superior Court of Callfornla, County of have I0 give telephone, fax, or c-mail.): Santa Clara Address: 1500‘ S Lv c r Rh nck Lama ‘Cgl‘l’ilr‘m‘flifn S . ‘ v ‘ . 'ort ust tract C‘W' SM 3°S {A 5““ LA Z‘P' 3-in-3 San Jose, CA 951 13 Telephone: v 29; '1 Fax: E-Mail AddrCSSC Cour? fills in case number when form Is filed. Restrained Person Case ?Tberfi 8 9® FullName: rro men”; immankkm c 009 5 Description: Agmuw 96/3071 ML”) Mbn‘l TA ?°°5, 8m Li S'WCK“ ,fi-LOW- 24.0 LL. Sex:X M D F Height: 5 ’ 3 Weight: '2 (i Q Date ofBinh: Hair Color: B I E C. I‘ Eye Color: AgCI‘ZZ: Race: Q S { 0L0 Horne Address (ifkmm-n): ‘5' [S $"LVcr Mach L Ky“, City: (gm n 3o: er SW: LL Zip: l3 Relationshipto Protected Person: mi ne;q\°or rut 5“; rt ~41; Common £6,164 ‘ ® D Additional Protected Persons In addition to the person named in (D the following family or household members of that person are protected by thc temporary orders indicated below: Full Vamc S£( Age Household Member? Relation to Protected Person D YCS 9N0 :(I:3’;!|ZZ\2.(,") .v s‘)‘wbvn.';‘,, D Yes D No “5"], ;,)/[/H(” D Yes D No - “fl? . ”mum...mums: .21. D Yes D ho D Check lure [ftlure an uddmonu persons. List them on an attached sheet ofpaper and write “Attachment 3- Addilional Protected Persons " as a title. You may uscform MC-025. Attachment. ® Expiration Date The court will complete Ihc rest ofthisfonn. This Order expires a! the end ofthe hearing scheduledfor the dale and time below: Date: APR -6 m2] Time: g; QO A a.m. D pm. mwggm. "'1‘?” ’0' Temporary Restraining Order (CLETS-TCH) C9410. Page 1 0'6 Coadownmfiwnwws (Civil Harassment Prevention) '9WWW Case NzuTbce“ 00 98 59 To the Person inez The court has granted the temporary orders checked as granted hclo“. Ifyou do not obey these orders, you can be arrested and charged “ith 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 D NotRequested D Denied Untilthe Hearing m Granted as Follows; a, You must not d0 thc following things to (ht: person named in® D and lo the other protected persons listed in ®: (l) Harass. intimidaxe, molest, attack. strike. stalk. threaten. assault (sexually or otherwise). hit. abuse, destroy personal property of, or disturb lhc peace of the person. (2) Q Contact the person. either directly or indircctly. in any way. including. but not limited to. in person, by Iclcphonc. in writing. by public 0r private mail. by interofficc mail. by e-mail, by text message, by fax, or by other electronic means. (3) Q Take any action to obtain the person‘s address or location. lfthis 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 arc attached at the end of this Order on Attachment 53(4). b. Peaceful written contact through a lawyer 0r a process server or other person for service 0f legal papcrs related to a court case is allowed and docs not violate this order. However. you may have your papers served by mail on the person in® ® Stay-Away OrderD Not Requested D Denied Until the Hearing K Granted as Follows: a. You must stay at least 300 yards away from (chuck all 11m: apply): (l) E The person in ® (7) D The place ofchild carc ofthc children of (2) D Each person in© [he person i“® (3) d The home ofthc person in ® (8) m 'Ihc vehicle ofthe pcrson in ® (4) D Thejob or workplace oflhe person (9) w Other (Spam):m® exggmogtgmmgfi gm ZSfuf (5) U The schoolofthc pcrsonin ® QWAM {mm mEr'EA (Am Nholc (6) D The schoolofthc children ofthe 9t \{W hfiw 91” , -U I O- pcrsonin b. This stay-away order does 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 lo buy, receive or try to receive, or in any other way get guns. other firearms. or ammunition. b. You must: (l) Scll 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 comm!’ This must be done within 24 hours ofbeing served with this Order. his is a Court Order M W‘m" Temporary Restraining Order (CLETS-TCH) CH-HO. P3902 0'8 (Civil Harassment Prevention) 9 Case Numfieiz cHUO 98 5 9 (2) File a receipt with the coun xx ilhin 48 hours nr‘ receiving this Order that proves that your guns or fircarms have bccn turned in. sold. or slorcd, (You may use fbrm CH-SflU, Proofof Firearms Turned In. Sold. or Storedfor the rcccipl. ) c. D 11w coun has received infommtion that you own or possess a firearm. Possession and Protection of Animals Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D 111C pcrson in® is given the sole possession. cure. and control orthe animals listed below, which are owned possessed. leased, kept, or held by him 0r hcr, or reside in his or her household. (Identify animals by. e.g.. rypc, hrccd, numc, color, sex.) b. D The person in®must stay at least )ards away from, and not take, sell. transfer. encumber. conceal, molest. attack, strike, threaten‘ harm, or otherwise dispose of. the animals listed above. Other Orders Q NotRequested E] Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders are attached at the and 01‘ thzx ()rdcr on Attachment 9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Rcmummg and Protective Order System (CARPOS) through the Califomia Law Enforcement Telecommunications Systcm (CLli'l'S). (Check one); a. D The clerk will emer this Order and its proof-of-scn'ice form into CARPOS. bfl 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 dale that this Order is made. the person in® or his or her lawyer should deliver a copy ofme Order and its proof-of-scn'ice form to the law enforcement agency listed below t0 cntcr into CARPOS: ‘ a“. . addxcss [g I'D SI”, Zia D Additional law enforcement agencies urc lnlcd at lhc end OfIhis Order on Attachment l0. This is a Court Order. R" ”‘1“ Temporary Restraining Order (CLETS-TCH) CH-"O- P390 30‘6 (Civil Harassment Prevention) -> Case Number: 21cH009859 ® No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered ’lhe shedffor marshal will sen c this Ordcr without charge because: a. w The Ordcr is based 0n unlawful violence. a credible threat ofviolence, or stalking. b. D 11w person in ®s entitled to a fee waiver. Sumed 2/10/2021 01 47 PM ® Numbcr ofpages attached lo this Order. ifany: CW U(l Won Date; 2'1 0'2021 .luJu'I'a/ (Nlr'ccr CAROL OVERTON Warnings and Notices to the Restrained Person in0 You Cannot Have Guns or Firearms You cannot own. have. possess, buy or try lo buy. rcccixc or try Io rcccivc. or otherwise get guns. other firearms, or ammunilion while this Ordcr is in effect. Ifyou do. you can go lojail and pay a SI ,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 0r control as stated in item (:7) aboxc. The coun will require )ou to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou have bccn personally served with this Temporary Restraining Order and form CH-lO‘), Notice quourt Hearing. but you do not appear at thc hearing either in person or by a lawyer, and a restraining order that ls the same as this Temporary Restraining Order except for the expiration date is issued at the hearing. a copy ofthc order will bc served on you by mail at the address in item®. lfthis address is no! correct 0r you wish Io \crify that thc Temporary Restraining Ordcr was convened into a restraining order a! the hearing thhout substantive change, 0r to find out the duration of the order. contact the clerk ofthc court. After You Have Been Served With a Restraining Order ' Obey all the orders. ' Read form CH-I ZO-INFO, How Can I Respond Io u chm'stfor Civil Harassment Restraining 0rdcrs?, l0 [cam how lo respond to this Order. ' If you want to respond, fill out form CH-llt). Response m Requestfor Civil Ilamssmem Rexrraining Orders, and file it with the coun clerk. You do not have to pay any fee to file your response if(he Request claims that you inflicted or threatened violence against or stalked the person in®. - You must have form CH-IZO served by mail on the person in ®or that person's attorney. You cannot do this yourself. "Hie person who docs the mailing should complctc and sign form CH-ZSO, ProonfSen'icc ofResponse by Mail. File thc completed proofofscrvicc with the court clerk before the hearing date or bring it with you to the hearing. - [n addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form MC-OBO, Declurarion, for this purpose. It is available from thc clerk's office at the court shown on page l of this form or at mm,courtsragovfonns. If you do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order R"W ‘m" Temporary Restraining Order (CLETS-TCH) CH-"O. P8904 0'6 (Civil Harassment Prevention) 9 Case Number: a1gflnou859 ' Whether or n01 you file a response. you should attend the hearing. Ifyou haw any witnesses. they must also go to the hearing. ° A1 the hearing. the judge can make restraining orders against you that last for up X0 five years. Tell the judge why you disagree with the orders requested. 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 thc order, 0r has verified its existence on the California Restraining and Protectix c Orders Systcm (CARPOS). If the law enforcement agency has not received proofof service 0n the restrained person, lhc agency must advise thc rcsxrained person of the terms of the order and then must enforce it. Violations ofthis 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. The order ends on the expiration date in item ® on page 1. Arrest Required if Order ls Violated [f an officer has probable cause t0 believe that the restrained person had notice of the ordcr and has disobcyed the order, the officer must arrest thc restrained person. (Pen. Code. §§ 836(c)(1), 13701 (b).) A violation 0fthc order may be a violation ochnal Code section 166 or 373.6. Agencies arc cnwuragcd lo enter violation messages into CARPOS. NoticeIProof of Service fie 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)): 0 The officer sees a copy ofthe ProofofService 0r confimls that the ProofofService is on file; or ° The restrained person was informed 0f the order by an officer. An officer can obtain information about the contents ofthe order and proofofservice in CARPOS. [f proofof service on the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even if the protected person invixcs or consents t0 contact with thc restrained person. this order remains in effect and must bc enforced. The protected person cannot be arrested for im iting 0r consenting to contact with the restrained person. The order can be changed only by another coun order. (Pen. Code. § 1371003).) This is a Court Order R"W ‘5‘?” Temporary Restraining Order (CLETS-TCH) CH-Hou Pace 5°16 (Civil Harassment Prevention) '9 Case Number: z1nH009859 Conflicting Orders-Priorities 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(h)(2), 6405(b)): l. EPO: [f one of the orders is an Emergency Protective Order (form EPO-OOI ) and is morc restrictive than other restraining or protective orders. il has precedence in enforcement over all other orders. . Nu Contact Order: Ifthcrc is no EPO, a no-contact order that is included in a restraining 0r protective order has precedence over any other restraining or protective order. 3. Criminal Order: If nonc of the orders includes a no contact order. a domestic violence protec‘ivc order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicling terms of the civil restraining order remain in effect and enforceable. 4. Family, Juvenile, 0r Civil Order: [f more than one family, juvenile, or other civil restraining or protective order has been issued. the one that was issued last must be enforced. IQ (Clerk wilIfi/l nu! this part.) Clerk 's Certificate -C|erk's Certificate- [50011 I certify that this Temporary Rusrruining 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" ”-2” Temporary Restraining Order (CLETS-TCH) CH‘110. Pa9e6of6 (Civil Harassment Prevention)