Order Temporary Restraining OrderCal. Super. - 6th Dist.February 11, 2021. , CI k siamps dale hem when form is filed. CH-1 10 Temporary Restraining Order 9' FILED Pcrxou m ® must cmnplele 11011136) , ®. um!© only. 02/1 1 /2021 (D Protected Person CIerk of The Court a. Your Full Name: Brian Cuonq Tran Superior Court of CA Your Lawyer (ifyou have onefor Iltis cam): County Of Santa Clara Namc: Dmitm Stadlin State Bar No.: 302351 21 CH009861 Firm Name: serLlN MARINHo LLP Byi anUYen b. Your Address (lfyon have a lmvycr, giveyour lawyer's iu/brmalion. Ifyou (Io no! have a lauycr um! wan! lo keep your home address Fill in coun name and street address: privalc. you may give u dijfercnl mailing address inxlcarl. You do no! Superior Court of California. County of have Io give telephone. fax. or e-mail.): Santa Clara _ Downtown Superior Court Address. 111 N. Market St. Ste. 300 191 N. First Street 1 I state; Zi z 191 N. FirstStreetC! y §-a-D-J-°-5-e-_- - L p 25L San Jose California 95113 Telephone: (408) 645-7801 1"“: [408) 645-7802 E~Mail Address: Wdlmmafinho com Coun fills in case number when form is filed. ® Restrained Person _ case Numb": ' Fu" Name: Mighael guoc Han aka.,Michael Han,aka.. Mike Han E l C H 0 l I a a i {I 1 . Description: Sex: E M D F Height: 5'3“ Weight: 190Ibs Dale ofBinh: Julx1,1974 Hair Color: Blackwa'd EyeColor: Brown Agc: 45 Race: Asian Home Address (il'knou'n): 150 Pasilla Court City: Morgan Hm Stale: CA Zip: 95037 Relationship to Protected Person: Exausiness partner ® D Additional Protected Persons ln addition lo the person named in G, the following family or household members of that person are protected by the temporary orders indicated below: FuIlName SE Age Household Member? Relationlo Protected Person D Yes U No D Yes D No D ch D No D Yes D No D Check here ifllwre are additional persons. List them on an atmcltcd slice! ofpaper and wrire "Atlachmem 3- Additiona! Prolcclcd Persons "m a IiIle. You may useform MC-025, Attachment. . - The com'lwill com Iclellx'reslo l/n’s orm. Expiration Date p ‘ f f This Order expires at the cm! oflhc Iwaring sclu'lluletlfar the date am! time below: Dale: 9‘ -\p-Z \ Time: a ? OD w a.m. D p.m. This is a Court Order. gflmgg‘r-"‘";;°_‘;"’"'9°" Temporary Restraining Order (CLETS-TCH) CH'110- Pas“ 0‘5 cwwcum-aw. 955mm 527.9 (Civil Harassment Prevention) 9WWDOJ Doc ID: 91 f1 cbcca88652a1 ee1 003795468d0aa7db727b0 Case Number: 1f) ”9%1L To the Person in6: The court has granted the temporary orders checked as granted below. lfyou do not obey thcsc orders, you can bc arrested and charged with a crime. You may be sent to jail for up to one year, pay a fine of up lo $1,000, or both. Personal Conduct Orders D NotRequested D Denied Untilthe Hearing m Granted as Follows: n. You musl not do the following things to thc person numcd in G) D and to lhc other prolccted persons lislcd in @z (l) E Harass, intimidate. molest, attack. strike. stalk, threaten. assault (sexually or otherwise). hil. abuse, dcslroy personal property of. or disturb th pence of the person. (2) m Contact (he person, either directly or indirectly, in any way, including. but not limited lo, in person, by telephone, in writing. by public or private mail, by interol'l'lcc mail. by e-mail. by tcxl message. by fax, or by olhcr electronic means. (3) Q Take any action to obtain the person‘s address or location. If this ilcm (3) is not checked, lhc court has found good cause not lo make this order. (4) D Olhcr (.s'pccf/j'): D Other personal conducl orders arc attached m thc cnd of this Order on Attachment 5a(4). b. Peaceful written contact through a lawyer or a process scrvcr or other person for service of legal papers 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 Order D Not Requested D Denied Until the Hearing Granted as Follows: a. You must stay al lcnsl 300 yards away from (clmckall (Imlapply): (l) m The person in ® (7) D Thc place ofchild care ofthe children of (2) D Each person in® ”“3 Pmo" i“ G) (3) m Thc home ofthe person in (D (8) m The vehicle oflhe person in ® (4) m Thcjob or workplace of thc person (9) D 011m {Specifi}; in ® ' (5) D Thc school ofthe person in ® (6) D The school of lhe children ofthc person in b. This smy-away ordcr docs nol prevent you from going to or from your home or place ofcmploymcnt. ® No Guns or Other Firearms and Ammunition a. You cannot own, possess. have. buy or lry lo buy, rcccivc or try to receive. or in any olhcr way get guns. other firearms. or ammunition. b. You musl: (l) Scll to or store with a liccnscd gun dculcr. 0r tum in to a law enforcement agency. any guns or other fircunns in your immediate possession or control. This must bc done within 24 hours of being served with this Order. - his Is a Court Order. “"-““”"“5-’°“ Temporary Restraining Order (CLETS-TCH) CH'm- P3992 °‘5 (Civil Harassment Prevention) 9 Doc ID: 9m cbcca88652a1991 OOa79546ad0aa7db727b0 ?TUHOO986 1 (2) File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored (You may usej'orm CH-800, Proof ofFirearms Tumcd ln. Sold, or Slored,for lec rcceipl.) c. D The court has received information that you own or possess a fireamm. Possession and Protection of Animals m Not Requested [:1 Denied Until the Hearing E] Granted as Follows (specify): a. D The person in® is given the sole possession. cure, und control of the animals listed below, which arc owned. possessed, leased. kept, ur held by him or her, or reside in his or her household. (Idcmify animals by. c.g.. Iypc. breed, name. color, sex.) b. D The person in® must slay a! least yards away from, and not lake. sell. transfer, encumber. conceal, molest. attack, strike. threaten, harm, or otherwise dispose of, the animals listed above. ® Other Orders E NotRequested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders are attached m lhe end oflhis Order un Attachment 9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into (he Calil'omia Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will cuter this Order and its proof-of-scrvicc form inlo CARPOS. b. m 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 closc of business on lhc date that this Order is made, the person in Cl) or his or her lawyer ShOuld dclivcr a copy of the Order and its prouf-of-servicc form to Ihe law enforcement agency listed below lo enter into CARPOS: Name of Law Enforcement Agency ___ 311155 (City. Sralc. Zia) D Additional luw enforcement agencies arc listed at thc end of this Order on Attachment lO. This is a Court Order. “""""'"~’°" Temporary Restraining Order (CLETS-TCH) CH-"O. Page 30'6 (Civil Harassment Prevention) ‘9 Doc ID: 91 f1 chC388652a1 ee1 00379546adDaa7db727b0 Case u e ' >1bfi099861 No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered The sheriff or marshal will serve this Order without charge because: 1“ a. m The Order is based on unlawful violence. a credible lhrcal ofviolence, or stalking. b. D The person in @s cntitch to a fcc waiver. Simed 2/1 1/2021 03 04 PM ® Number ofpagcs almched lo this Order, ifnny: Date: 2-11-2020 - C0% Oi (gunfgon Judicial Qliiccr Carol Overton Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try to buy, receive or try Io receive, or otherwise gct guns, other firearms, or ammunition while this Order is in effect. 1f you do, you can go to jail zmd pay a $1.000 fine. You must sell to or store with a licensed gun dcalcr, or tum in to a law enforcement agency. any guns or other firearms that you have or control as stated in item® above. The coun will require you lo prove thal you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining Order and form CH-109, Notice q/‘Courl Hearing, but you do not appear at thc hearing either in pcxson or by a lawyer, and a restraining order that is thc same as this Temporary Restraining Order except for lhc expiration date is issued at the hearing, a copy of the order will be served on you by mail at the address in ilem®. 1f 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 coun. After You Have Been Served With a Restraining Order ' Obey all the orders. ° Read form CH-lZO-INFO, How Can [Respond Io a Requcsljbr Civil Harassment Rcslrainiug 0rders?. to learn how to respond to this Order. ~ If you want lo respond, fill out form CH- I20. Response Io Requcsljbr Civil Harassment Restraining Orders, and filc it with the court clerk. You do not have to pay any fee lo file your response if the Request claims that you inflicted or threatened violence against or stalked thc person in®. - You must havc fonn Cl-l- l 20 served by mail on the person in ®or that person‘s ultomey. You cannot do this yourself. The person who does the mailing should complete and sign form CH-ZSO, ProofofSe/vice ofRacponse by Mail. File the completed proofof service with the coun clerk before the hearing date or bring i1 with you to thc hearing. - In addition to the response. you may file and have declarations served, signed by you and other persons who lmve personal knowledge of'lhc facts. You may use form MC-030. Declaration. for this purpose. ll is available from thc clerk’s office al the court shown on page l of this form or at Imuncourts.cu.gov{forms. Ifyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. “mm" ‘5"°" Temporary Restraining Order (CLETS-TCH) CH'110- Page“ 0' 5 (Civll Harassment Prevention) 9 Doc ID: 91 f1 cboca88652a1 eeI 00a79546adOaa7db727b0 D 8W. J ,4 n‘ ' Whether or nol you file u response, you should allcnd thc hearing. lf‘ you have any witnesses. lhcy must also go lo thc hearing. - Al the hearing. the judge can make restraining orders against you llmt last for up to five years. Tell the judge why you disagree with thc orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by nny law enforcement agency that has received thc order. is shown a copy of lhc order. or has verified its existence on the California Restraining and Protective Orders System (CARPOS). lflhc law enforcement agency has nol received proof ofservice on the restrained petsou, thc agency must advise the restrained person ofthc tcnns of the order and Ihcn must enforce it. Violations of this order arc subject to criminal penalties. Start Date and End Date of Orders This order slams on the date next to the judge‘s signature on page 4. Thc order ends on the cxpimlion dale in item ® 0n page l. Arrest Required if Order ls Violated Ifan officer has probable cause to believe thnl the restrained person had notice of the order and has disobcycd thc order, lhc officer must arrest lhc restrained person. (Pcn. Code, §§ 836(c)( | ). 1370 l (b).) A violation of the order may bc a violation of Penal Code sccliou I66 or 273.6. Agencies are encouraged lo enter violation messages inlo CARPOS. NoticeIProof of Service The law enforcement agency must first determine if the restrained person had notice oflhe order. Consider thc restrained person “served“ (given notice) if(Pcn. Code. § 836(c)(2)): ° The officer sees a copy of the Proof of Service or confirms {hm the Proofof Service is on file; or ° The restrained person was infomch of the order by an officer. An officer can obtain infonnalion about the contents of lhc ordcr and proof of scrvicc in CARPOS‘ prroofofscrvicc on the restrained person cannot be verified, the agency must advise thc rcslmincd person of the terms ofthe order and then cnforcc it. If the Protected Person Contacts the Restrained Person Evcn if the protected person invites or consents lo contact will) (11c restrained person. this order remains in effect and mus! bc enforced. The protected person cannot be arrested for inviling or consenting Io contact with the restrained person. Thc order can bc changed only by another coun order. (Pen. Code, § |3710(b).) This is a Court Order. m“m ‘5- 2°" Temporary Restraining Order (CLETS-TCH) CH-"ov Page 5 0'5 (Civll Harassment Prevention) '9 Doc ID: 91 11 cbc0388652a1 ee1 003795463d03a7db727b0 Case Number: G49.nnnoLLU gih (Eh Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (sec Pen. Co'dc.§ 136.2; Fam. Code. §§ 6383(h)(2)\ 6405(1)»: l. EPO: If onc 0f (he orders is an Emergency Prnrcctirc Order (form EPO-OOI) and is more restrictive than olhcr restraining or protective orders, il has prcccdcncc in enforcement ovcr all other orders. . No Contact Order: H‘there is no EI’O. u no~cumact order that is included in a restraining or protective order has precedence ovcr any other restraining or protective order. 3. Criminal Order: H‘ none othe orders includes a no contact order, a domestic violence proleclive order issued in a criminal case lakes precedence in enforcement over any conflicting civil court order. Any nonconflicling terms of thc 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 one that was issued lust must bc enforced. IQ (Clerk willfill om Ilu's part.) Clerk 's Certificate -C|erk's Certificate- [590/1 l cenify that lhis Temporary Restraining Order is a true and correct copy of the original on file in Ihc coun. Date: Clerk. by , Deputy his is a Court Order. ""~”"°"‘“°'° Temporary Restraining Order (CLETS-TCH) CH-"O- P39050'5 (Civll Harassment Prevention) Doc ID: 91 t1 cbcca8865231 ee1 00a79546ad03a7db727b0
