Order Restraining Order After HearingCal. Super. - 6th Dist.February 16, 2021' CH 1 30 Civil Harassment Restraining Clerk stampsdate here whenfonnisfiled- ' Order After Hearing G) Pcmm in CD must complete items® ,,® and© only. Protected Person a. Your Full Name: Aaron Valdez MILYour Lawyer (ifyou have onefor this case) Name: State Bar No.2 "1 2022 fir/ Finn Name: CI Of mwgosgnrtta cum V00 b. Your Address ([fyou have a lawyer, give your lawyer 's information. “swam"MEPUTY J 9’) Ifyou d0 n0! haw: a lawyer and want t0 keep your home address private, you may give a diflerent mailing address instead. You d0 n01 have to give telephone, fax, 0r e-mail.) Fill In court name and street address. Superior Court of California, County of Santa Clara Address: 254 Arbor Valley Place Civil Division City: San Jose State: CA Zip: 951 19 191 North First Street San Jose, CA 951 13 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Person Case Number: Full Name: Brian Wilson 21CH009864 Description: Sex: E M D F Height: 5'11 Weight: 170 Date ofBirth: Mar 6, 1988 Hair Color: Drk Bm Eye Color: Drk Brn Age: 32 Race: Hispanic/Caucasian Home Address (ifknown): unknown City: State: Zip: Relationship to Protected Person: Nephew D Additional Protected Persons In addition to the person named in@, the following family or household members of that person are protected by the orders indicated below:mm Q Ag; Lives with vou? How arethev rclatedto vou? D Yes D No D Yes D No D Yes D No D Yes D No D Check here ifthere are additional persons. List them on an attached sheet ofpaper and write “Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment. Expiration Date c“ This Order, exceptfor any award oflanyer’sfees, expires at Time: u: S a D a.m. B p.m. D midnighton (date); I Oz: If no expiration date is written here, this Order expires three years from the date 0f issuance. This is a Court Order. fifificg?§'ggf'm,mgmmw Civil Harassment Restraining Order After Hearing CH-130. Page 1 0f6 Codengnyl ggjedure. §§527.6 and 527.9 (CLETs_CHO) a (Civil Harassment Prevention) Case Number: 2 1 CH009864 ® Hearing a. There was a hearing on (date): Mar 1 2022 at (time): 9:00 AM in Dept.: 4 Room: (Name ofjudicial oflicer): Comm. Erik Johnson made the orders at the hearing. b. These people were at the hearing: (1)a The person in@. (3) D The lawyer for the person in (D (name): (2) g The Person in®- (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end of this Order on Attachment 5. c. D The hearing is continued. The parties must return Io coun 0n (date): at (time): To the Person in 6: 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. E Personal Conduct Orders a. You must not do the following things to the person named in® D and to the other protected persons listed in @z (1) E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property of, or disturb the peace of 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) E Take any action to obtain the person’s address or location. If this item (3) is not checked, the coun has found good cause not to make this order. (4) D Other (specifil): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful wn'tten 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. <7) E Stay-Away Orders 3- You must stay at least 100 yards away from (check all that apply): (1) E The person in® . (7) D The place of child care of the children of (2) D Each person in@. the person inCD - (3) E The home of the person in (D . (8) E The vehicle of the person in@. (4) E The job or workplace of the person (9) D Other (specify); in® (5) D The school ofthe person in G). (6) D The school of the children of the person ind). - b. This stay-away order does not prevent you from going t0 0r from your home or place of employment. This is a Court Order. R" “m" ‘5' 2°19 Civil Harassment Restraining Order After Hearing CH-130. Page 2 0'6 (CLETS-CHO) -> (Civil Harassment Prevention) Case Number: 21CH009864 No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition. b. If you have not already done so, you must: . Within 24 hours of being served with this Order, sell 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 control. a 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 uscform CH-800, Proof of Firearms Turned In, Sold, or Stored,f0r the receipt.) c. D The coun 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 to relinquish this firearm (specifi make, model, and serial number offirearm(s)): The fireann must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the person in® may be subject to federal prosecution for possessing or controlling a firearm. <9 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 Ite Amount $ $ $ $ D Additional items and amounts are attached at the end of this Order on Attachment 9. D Possession and Protection of Animals a. D The person in @is given the sole possession, care, and control of the animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Identifil animals by, e.g.. type, 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, or otherwise dispose of, the animals listed above. ® D Other Orders (specifi): D Additional orders are attached at the end ot‘this ()rder 0n Attachment 11. This is a Court Order. “WW” ‘5- 2°” Civil Harassment Restraining Order After Hearing CH-13Ov Page 3 0' 6 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 2 l CH009864 To the Person in 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Califomia Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. E The clerk will enter this Order and its proof-of-service form into CARPOS. b. E The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS. c. D By the close of business on the date 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: Nam; Qf Law Enforggmgnt Agengy Address (Cim, State. Zigz D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. fl The person in® personally attended the hearing. No other proof of service is needed. b. D The person in® did not attend the hean’ng. (1) D Proof of service of fonn CH-l 10, Temporary Restraining Order, was presented to 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 The judge's orders in this form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® or @-must personally serve a copy of this Order on the person in®. m E No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. E The Order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in G) is entitled to a fee waiver. ® Number of pages attached to this Order, if any: Date: March 1, 2022 Jmll'riu/ 0m?” ERIK S, JOHNSON This is a Court Order. Civil Harassment Restraining Order After Hearing CH4”: ”9940‘s (CLETs-CHO) 9 (Civil Harassment Prevention) Rev. mm 15. 2019 Case Number: 2 l CH009864 Warning and Notice to the Restrained Person in 9: You Cannot Have Guns or Firearms Unless item 8d is checked, you cannot own, have, possess, buy or try to buy, receive or try to receive. or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1 ,000 fine. You must sell to or store with a licensed gun dealer, or tum in to 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. 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). If the law enforcement agency has not received proof of service on the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person of the terms of the Order and then must enforce it. Violations of this 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 and ends on the expiration date in item@on page 1. Arrest Required If Order ls Violated If an officer has probable cause to believe that the restrained person had notice of the 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 of the ProqfofService or confirms that the ProofofService is on file; or The restrained person was at the restraining order hearing or was informed of the order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. If proof of service on the restrained person cannot be verified and the restrained person was not present at the coun hearing, 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 invites or consents to 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. Civil Harassment Restraining Order After Hearing CH-130. Page 5 of6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev. March 15. 2019 Case Number: 2 1 CH009864 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, §§ 6383(h)(2), 6405(b).) l. EPO: Ifone of the 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-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 restraining 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 court order. Any nonconflicting terms of the 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 last must be enforced. Clerk 's Certificate (Clerk willfill out this part.) [seal] -Clerk's Certificate- I certify that this Civil Harassment Restraining Order After Hearing is a true and correct copy of the original on file in the court. Date: Clerk. by , Deputy This is a Court Order. R" “m"”m Civil Harassment Restraining Order After Hearing CH-130. Pa9e6of6 (CLETS-CHO) (Civil Harassment Prevention)