Order Restraining Order After HearingCal. Super. - 6th Dist.February 17, 2021Civil Harassment RestrainingCH 13o Order After Hearing Person in @musl complete items@H® and® only. ® Protected Person APR 1 3 2021 1 a. Your Full Name: (‘nauhfemor Mendo7a flyfi Jbéfiagc'J toot; Quen‘ycofosurt Your Lawyer (ifyou have Oichor {his case) V ' " \. _ ______&mDan’Pagy Name: Teresa W11 kinqon State BarNo.: 3428655 "M n Firm Name: fiemAdulLsJegflAausLame- vofL’m . . ‘ ) v . J ' . ' b. Your Address (Ifyou have a lawyer, gzvc your lawyer s mfmmatlon. me com name and street address: U‘you do not have a lawyer and wan! t0 kee your home address private, you may I've a different mailing a dress insread. You 0’0 not Superior Com; of California, County of have logive telep (mafia, 0r 6411011) Santa Clara . . - 201 N. First St. Addless. 142% K011 C1rr19, 8T9 109 191 N. First St. City: San Joqe State: CAZip:&ELlLL2_~ San'Josez CA‘ 95113 Telephone: 1408) 295-8991 Fax: r408) 995-7401 Family DlVlSlO” E-Mail Address:WWW Court fills in case number when form is flied, - Case Number:® Restrained Person 21CH009866 FullName: Jesse Hernande7 Description: Sex: E M D F Height: 5L4)"-WeightL Date ofBirth:LOW Hair Color:BEL Eye Color:BML- Age: 3LT Race: Hi Qpam' c Home Address (Ifknouw): Currently in mmfody-Santa Clara County City: State: Zip: Relationship t0 Protected Person: Nephew ®D Additional Protected Persons In addition to the person named in (D, the following family 01‘ household members ofthat person are protected by the orders indicated below: ' Full Name E Age Lives with vou? How are they related to you? DYes DNO DYes DNO DYes DNO DYes D N0 D Check here ifthere are addiriona! persons. List them 0n (m attached sheet ofpaper cma’ write "Attachment 3- Addflional Prolecred Persons " as a lille. You may useform MC-02J, Attachment. ® Expiration Date This Order, exceptfor any award aflawyer’sfees, expires at Time:mfi- D am. E pm. Dmidnight 0n (dare): Li 13 IQ 09 q 'Ifno expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. $i??fié&%9?§f'2°é1%?'AL%TAZIW§°£““9°“ Civil Harassment Restraining Order After Hearing CH-130, Page1 ots Code of CM! Procedure, §§ 52 6 and 527,9 n) Approved by DOJ (CLETS_CHO) . CEB' 3:322? (Civil Harassment Prevention)“hm“ "- Mendoza, Cuauhtemoc Case Number: 2 1 CH O 0 9 8 6 6 ® Hearing a. There was a hearing 0n (date): ALLELZOQJ-at (Iime):.9_:_0_0_ in Dept;A- Room:__ (Name ofjudiciaf officer): Erik John qon made the orders at the hearing. b. These people were at the hearing: ~ (1) m The person in ®. (3) m The lawyer for the person in ® (name): lemsfliLkiasgn- (2) D The person in ® (4) D The lawyer forthe person in C2) (name): D Additional persons present are listed at the end ofthis Order on Attachment 5. c, D The hearing is continued. The parties must return to court on (dale):-_____ 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 d0 the following things t0 the perSOn named in ® D and t0 the other protected persons listed in @z (l) m. Harass, intimidate, molest, attack,‘ strike, stalk, threaten, assault (sexually 0r otherwise), hit, abuse, destroy personal property 0f, 0r dlsturb the peace ofthe person. (2) m Contact the person, either directly 0r indirectly, in any wag, including, but not limited t0, in person, by telephone, in writing, by public 0r private mail, by Interofhce mail, by e-mail, by text message, by fax, 0r by other electronic means. (3) D Take any action t0 obtain the pelison’s address 0r location. Ifthis item (3) is not checked, the court has - found good cause not t0 make th1s order. (4) D Other (specifi): C] Other personal conduct orders are attached at the end ofthis Order on Attachment 63(4). b. Peaceful wrigten contact through'a lawyer or process server or other person for service 0f legal papers related to a court case 15 allowed and does not violate thls Order. ® E Stay-Away Orders a. You must stay at least .3le- yards away fr0m (check all that apply): (1) m The Person in ®- (7) D The place qf child care Ofthe children of (2) D Each person in @ . the persclm m ‘ ' (3) m The home ofthe person in @_ (3) m Th6 VBhICle 01 the person m ®_ (4) D Thejob 01‘ workplace 0fthe person (9) D Other (Specw’): in (D I (5) D The school 0fthe person in ® (6) D T'he school of‘the children ofthe person in b. This stay-away order does not prevent you from going t0 0r from your home or place ofemployment. This is a Court Order. Rev, March 15. 2019 FB. Essential Civil Harassment Restraining Order After Hearing CH-130, Page 2 om Sham . Emmy (CLETs-CHO) 9 (Civil Harassment Prevention) Mendoza , Cuauhtemoc Case Num ber: 21CH009866 . 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. lfyou have not already done so, you must: o Within 24 hours 0f being served with this Order, sell to 0r store with a licensed gun dealer, 0r turn in t0 a law enforcement agency, any guns or other firearms m your Immedlate possess1on or control. - File a receipt with the court within 48 hours ofreceiving this Order that proves that your guns or firearms have been turned in, sold, orstored. (You may useform CH-800, Proofof Firearms Tumed In, Sold, 0r Stored,f0r (he receipr.) c. D The court has received information that you own 0r possess a firearm. d. D The court has made ghe necessary findin s a_nd applies the firearm r_elin uishment exemption under Code'of Clvil Procedure section 527.90). Under allforma law, the person m é is not required to relinquish thls firearm (specifiz make, model, and serial number 0ffirearm(s)): The firearm} must be in his or her physical osse_ssi0n only durin v scheduled work hours an_d dl ring travel to and'frOm h‘ls or her place of employment._ ven Ifexem _t under alifornia law, the person m é) may be subject t0 federal prosecutlon for possessmg 0r control mg a firearm. ® D Lawyer‘s Fees and Costs The person in must pay t0 the person in D lawyer’s fees D costs:M Amount [t_em Amount $ $ $ . $ D Additional items and amounts are attached at the end 0fthis Order 0n Attachment 9. the following amounts for D Possession and Protection of Animals a. D The person in ® is given the sole possessiqn, care, and control ofghe animals listed below, which are owned, possessed, leased, kept, or held by him 0r her, or res1de 1n hls 0r her household. (Idemz'fjl animals by, c.g., type, breed, name, color, sex.) b. D The person in® must stay at least_ ya'rds away from, and n_ot take_, sell, transfer, encumber, conceal, molest, attack, strike, threaten, harm, 0r othermse dlSpose 0f, the animals llsted above. ® D Other Orders (specifi): D Additional orders are attached at the end OfIhis Order on Attachment l 1. This is a Court Order. Re;”i’°he‘:sze°r“9fial Civil Harassment Restraining Order After Hearing CH-130. Page 3 ore Shkfi Elam. (CLETS-CH0) 9 (Civil Harassment Prevention) Mendoza , Cuauhtemoc Case Number: 2 1CHOO 98 66 To 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. D The clerk will enter this Order and its proof-of-service form into CARPOS. b. m The clerk will transmit this Order and its proof-of-sel‘vice form t0 a law enforcement agency to be entered into CARPOS. c. D Bylthc close 0f business on the date that this Order is made, the person in®or his 0r her lawyer should deliver a copy 0fthe Order and its proof-of-service form t0 the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cilv, Stale, Zia) D Additional law enforcement agencies are listed at the end 0fthis Order on Attachment 12. ® Service of Order on Restrained Person a. D The person in®personally attended the hearing. No other proofof service is needed. b. m The person in®did not attend the hearing. (1) D Proof of service 0f form CH-l IO, Temporary Restraining Order, was presented t0 the court. The judge's orders in this fonn 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) m Thejudge’s orders in this form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® 01‘ @-must personally serve a copy 0fthis Order 0n the person in® m No Fee to Serve (Notify) Restrained Person The sheriffor marshal will serve this Order without charge because: a. 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 ofpages attached to this Order, ifany: Datet. %//3,/1/ I . _ ,4 é/ W7 Jamaal ojgfic‘e’r This is a Court Order. RQLMi’fhéz’szgéiial Civil Harassment Restraining Order After Hearing CH-130, Page4 ofe gfifiham' (CLETS-CHO) 9 (Civil Harassment Prevention) Mendoza, Cuauhtemoc Case Number: 21CH009866 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 t0 buy, receive 0r try t0 receive, 0r otherwise get guns, other firearms, 0r ammunition while this Order is in effect. Ifyou do, you can g0 tojail and pay a $1,000 fine. You must sell t0 0r store with a licensed gun dealer, or turn in t0 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 Enforcement Enforcing the Restraining Order This Order is enforceable by any law enforcement agency that has received the Order, is shown a copy ofthe Order, or has verified its existence 0n the California Restraining and Protective Order System (CARPOS). Ifthe law enforcement agency has not received proofof sewice 0n the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person ofthe terms 0fthe 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 thejudge’s signature on page 4 and ends 0n the expiration date in item @on page I. Arrest Required If Order Is Violated lfan officer has probable cause to 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 0fthe order may be a violation of Penal Code section 166 01' 273.6. Agencies are encouraged t0 enter violation messages into CARPOS. NoticelProof of Service The law enforcement agency must first determine ifthe restrained person had notice 0fthe order. Consider the restrained person “served” (given notice) if(Pen. Code, § 836(c)(2)): - The officer sees a copy 0fthe ProofofSeWice 0r confirms that the ProofofService is on file; 0r o The restrained person was at the restraining order hearing or was informed OfIhe order by an officer. An officer can obtain information about the contents 0fthe order and proofofservice in CARPOS. lfproof ofservice 0n the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency must advise the restrained person 0fthe tenns 0fthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthe protected person invites 0r 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 t0 contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § I3710(b).) This is a Court Order. “W‘Mi‘m‘s'm‘g, Civil Harassment Restraining Order After Hearing CH-130, Page 5 ofe CFB Essential 9 a:hom Elm' (CLETS-CHO) (Civil Harassment Prevention) Mendoza, Cuauhtemoc Case Number: 21CHOO9866 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, §§ 6383000), 6405(b).) 1. EPO: Ifone 0fthe 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-Contacr Order: Ifthere is n0 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: [fnone ofthe 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: If more 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 Cern'ficale {Clerk wiflfill ou! (his part.) [seal] -Clerk's Certificate- I cenify that this Civil Harassment Restraining OrderAfter Hearing is a true and correct copy 0fthe original 0n file in the coun. Date: Clerk, by , Deputy This is a Court Order. RB;”“i‘C“E‘S5:e°:fial Civil Harassment Restraining Order After Hearing CH-130, Page e ofs SEE flims- ' (CLEWS-CHO) (Civil Harassment Prevention) Mendoza , Cuauhteméc
