Order Temporary Restraining OrderCal. Super. - 6th Dist.February 17, 2021CH-1 10 Temporary Restraining Order ® Expiration Date W Cund dW. moan: cagovmmmmmwfim . _mumpmonmewszw (CIVII Harassment Prevention)WMDOJ l’t'rmn in (i) mm! ('umplcle ilems'CD , ®, and® only, Protected Person a. YourFullNamc: R’M4RD pETEL mpflb Clerk stamps dare here when bnn is filed. Filed February 18, 2021 Clerk of the Court Superior Court of CA Your Lavwer (ifyou have onefor this case): Name: State Bar No.2 Firm Name: County of Santa Clara 21CH009867 By: knguyen b. Your Address ([fyou have a lawyer. give your Iaujx'er's injbmxation. Ifyou do no! hm'e a Iaujver am! wan! m keep your home address private, you may give u dijji'renl mailing mldrc’ss insu’ud. You d0 no! have m give telephone, far, or c-mail.).' Address; Vfé/ E. 54,, Ftlz/vaw ST. City: 5AM 305E State: CA Zip: ?fHk Telephone: Fax: E-Mail Address: Fill in court name and wee! address: Superior Court of Califomla. County ofWCW Superior Court CMI Division 191 N. First St. San Jose. CA 95113 Court fills m case number when form is filed. Restrained Person FunName: MARK EAVLS Case Number: 210H009867 Description: Sex: Q M D F Height: 5-70 Weight: [65- Dalc ofBinh: “n k HairColor: Bmfzwb Eye Color: ““1 Age: (/5 Race: WHITE llomc Address (Ifknown): \Mk. Relationship to Protected Pergonz‘ 5[/Eérm byEST City: mu. State: “BE Zip: ghlslk- D Additional Protected Persons ln addition l0 the person named in © thc following family or household members ofthat person are protected by thc temporary orders indicated below: Full Name S_er§ Age Household Member? Relationto Protected Person D Yes D Yes D Yes D Yes DNo DNo DNO DNO D Check here ifthere are addin'onul persons. List them an an attached sheet ofpaper and write “Attachment 3- Addilional Protected Persons"m a title. You may useform MC-025, Attachment. The court will complete llw rest oflhisform. This Order expires a! the end afthe hearing scheduledfor (he date and time below: Date: AER 1 3 flu] Time: 9:00 N a.m. D p.m. This is a Court Order. Temporary Restraining Order (CLETS-TCH) CH-110. Page 1 ofB9 Case Number: oinugnflfl 67 f 1 IAjI "-1 To the Person inO: The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You ma} be sent lo jail fur up lo nne year. pay a fine of up to Sl,000, or both. ® Personal Conduct Orders D Not Requested D Denied Untilthe Hearing m Granted as Follows: a. Yuu must not do lhc folluwing things t0 lhc person named in CD U and to thc other protected persons listed in (l) m Harass, intimidate, molest. attack, smkc. stalk. thrcalcn, assault (sexually or otherwise). hit, abuse, destroy personal property of. or disturb the pcacc ol‘lhc person. (2) m Contact lhc person, cithcr directly or indirectly. in any way, including, bul nol limixed to, in person, by telephone. in writing. by public or private mail. by inleroffice mail, by c-mail, by text message, by fax, or by olhcr electronic means. (3) m Take any action to obtain the person‘s address or location. [f this item (3) is not checked. thc coun has found good cause not t0 make this order. (4) D Other (spewfi‘): D Other personal conduct orders arc attached al lhc cnd of this Order on Attachment 53(4). b. Peaceful written contact ‘hrough a lawyer or a process scrvcr 0r other person for service of lcgal papers related to a court casc is allowed and docs not violate this order. However, you may have your papers served by mail on the person in (D ® Stay-Away OrderD Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least yards away from I(Iwck all Illa! apply): (l) fl Thc person in (7) D The place ofchild care Ofthe children of (2) D Each person in® lhc person 'm (D (3) w Thc home OfIhe person in ® (8) V The vehicle ofthe person in ® (4) Thc job or workplace oflhc person (9) D Other (WWW); in® ’ (5) D The school ofthc person in © (6) D Thc school ofthc children of lhc person in CD b. This stay-away order docs not prcvcm you from going to or from your home 0r place ofemploymcnt. 7 No Guns or Other Firearms and Ammunition a. You cannot own, possess. have. buy or try to buy. receive or try lo receive. or in any other way get guns, other firearms. or ammunition. b. You must: (l) Scll to or store with a licensed gun dcalcr. or mm m m a law enforcement agency, any guns or other firearms in your immediate possession or control. I'his‘ mus! be done within 24 hours of being served with this Order. This is a Court Order. “N W‘s-N" Temporary Restraining Order (CLETS-TCH) CH°11°- Pm?“ (Civil Harassment Prevention) '9 Case Number: (2) File a receipt wilh the court within 48 hours ofrccciving lhis Ordcr |hal proves that your guns 0r fiream1s have been tumed in. sold. or stored. (You may uxcform CH-800, Proof of Fircam1s Turned In, Sold. 0r Stored,for the receipt.) c. D Thc coun has rcccivcd infonnauon that you own or possess a fireamx. 3 Possession and Protection of Animals m Not Requested D Denled Until the Hearing D Granted as Follows (specify): a. D The person in®is given lhc sole pusscssion. care. and control ofthe animals listed below. which are owned. possessed, leased, kept, or held by him or her. or reside in his or her household. (ldunufr animals by, e.g., type, breed, namu, mlur, .wx.) 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. ® Other Orders q Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders arc attached ax the cnd 01‘ Ihls ()rdcr (m Attachment 9. To the Person inO: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc cntcrcd into thc California Rcslrulmng and Protective Order System (CARPOS) through thc Califomia Law Enforcement Telccommunicalions S} stem (CLETS). (Check one): a. D The clerk will cnlcr this Order and its prouf-of-scn‘icc fonn into (‘ARPOS b.mm“ clcrk will transmit this Ordcr and its proof-of-scn icc form lo a law enforcement agency l0 be cntercd ' to CARPOS. c. D By the close of business on lhc datc that this Order is made, lhc person in G) or his or hcr lauycr should dclivcr a copy of lhc Order and its proof-of-scn‘icc fonn to thc law enforcement agency listed below to enter into CARPOS: D Additional law enforcement agencies arc hstcd ax Ihc cnd oftlus Order on Attachment 10. his is a Court Order. R" “W" “1°" Temporary Restraining Order (CLETS-TCH) CH4“: P390 30's (Civil Harassment Prevention) 9 CaseNumbzzl cHDO 98 67 No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered Thc sheriffor marshal will serve this Ordcr without charge because: a. The Order is based on unlawful violcncc, a credible threat ofviolencc, or stalking. b. D The person in @s entitled to a fee waiver. S1gmd: 2/18/2021 10:30 AM ® Number of pages attached to this Order, if any: CDam: 2-18-2021 0‘4 0% (QU’L 600 .lllL/lt'ld/ ()VVUI‘H'I‘ Carol Overton Warnings and Notices to the Restrained Person in 8 You Cannot Have Guns or Firearms You cannot own, have. possess. buy m tr)- to buy, receive 0r try In rcccivu, 0r otherwise get guns. other firearms, or ammunition while this Ordcr is in effect. [f you do, you can go to jail and pay a $1,000 finc. 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 or control as slated in item® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining ()rdcr and form CH-l09, Nmice QfC‘ourt Hearing, but you do not appear at lhc hearing cilhcr in person nr by a lawyer, and a restraining order that is the same as this Temporary Restraining Order except for lhc expiration date is issued m the hearing‘ a copy ofthc order will be served on you by mail at the address in item®. Iflhis 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 0f the order. contact the clerk of the coun. After You Have Been Served With a Restraining Order ‘ Obey all the ordcrs‘ ' Read form CH- l ZO-INFO, How Can I Respond t0 a chucslfor Civil Harassment Res!raining Orders". to learn how to respond lo this Order. - lf you want lo respond, fill out fom] CH-IZO. Response Io Requcslfor (‘m‘l Harassment Restraining Orders. and file it with the court clerk. You do not have lo pay any fcc lo filc your rcsponsc if lhc chucst 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. The person who does the mailing should complete and sign form CH-ZSO, ProoquSen'ice QfResponse by Mail. File thc completed proofof scrvicc with lhc court clerk bcforc lhc hearing dale 0r bring il with you to thc hearing. - In addition to the response, you may file and have declarations scrvcd, signed by you and other persons who have personal knowledge of lhc facts. You may usc form MC-030, Dvclumtion, for this purpose. It is available from the clerk‘s office at the court shown 0n page l of this form or at www.cmu'ts,m.gov/forms. Il'you do not know how lo prcparc a declaration, you should sec a lawyer. This is a Court Order. R" W"-’°‘° Temporary Restraining Order (CLETS-TCH) CH-110. P8904 0'6 (Civil Harassment Prevention) -> Case Nu?!)1r'c H 00 98 67 ° Whether or not you filc a response, you should attend lhc hearing H’yuu have any witnesses. lhc) must also go lo the hearing. - At the hearing. lhcjudgc can make restraining orders againsl you that lust for up to five years. Tell the judge why you disagree with thc ordcrs requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by an) la“ enforcement agency (hut has received lhc order. is shown a copy of the order, 0r has verified its existence 0n thc (‘ahfomia Restraining and Protective ()rdcrs System (CARPOS). lfthc law enforcement agency has not rcccivcd proof of service 0n thc restrained person. lhc agency must advise lhc restrained person ofthc terms ofthc order and lhcn must enforce ix. Violations oflhis order are subject to criminal penalties. Start Date and End Date of Orders . This order starts on thc dale ncxt to thc judge‘s signature on pagc 4. The order ends on the expiration datc in item G) 0n page l. Arrest Required if Order ls Violated If an officer ham probable cause to believe that the restrained person had notice of the ordcr and has disobcyed lhc order, the officer must arrest thc restrained pcrsun. (Pen. Code. §§ X36(c)( l ), l370l4b).) A violation ofthe order may be a violation of Penal (‘odc section I66 or 273.6‘ Agcncics arc cncouragcd lo cnlcr violalion messages into CARPOS. NoticelProof of Service Thc law enforcement agcncy must first determine if lhc restrained person had notice of lhc order. Consider the restrained person “served" (giwn notice) if(Pen. Code. § 836(c)(2)); ' The officer secs a copy ofthc Proofut'Scrvicc or confirms that lhc Proofof Service is on file; or - Thc restrained person was infonncd of lhc urdcr by an ofi'lccr. An officer can obtam information about the contents of lhc ordcr and proofof service in (‘ARPOS If proofof scrvicc on thc restrained person cannot bc verified, lhc agency must advise lhc restrained person of lhc terms of the order and lhcn enforce it. If the Protected Person Contacts the Restrained Person Even iflhc protected person invitcs or consents lo contact with thc rcslruincd person, this order remains in effect and must bc enforced The protected person cannot be arrested for im inng or consenting lo contact with thc restrained person. The order can be changed only by another court order. 1Pcn. Code, § H7 l ()(bl‘) This is a Court Order. "" “m ‘5-’°‘° Temporary Restraining Order (CLETS-TCH) CHMO. Pace 5 0'6 (Civil Harassment Prevention) 9 Case NiqbtrzH 00 98 6 7 Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (scc Pen, Code, § 136.2; Fam. Code. §§ 6383(h)(2), 640503)): l. EP(): If one of thc orders is an Emergency I’mlccriu' ()rdcr (form EPO-OOI ) and is morc restrictive than other restraining or protectivc orders. it has prcccdcncc in enforcement over all other orders. 2. No ('mmzr! Order: lftherc is no EPO, a no-contact order that is included in a restraining 0r protective order has prcccdcncc ovcr any other restraining or protective mdcr. 3. Criminal 0rd”: If none oflhe 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: lfmorc than nnc family. juvenile, or other civil restraining or protective order has bccn issued, the one that was issued last must be enforced. (Clerk M'illjil/ nu! (his purl.) Clerk '5 Certificate -Clerk's Certificate- [SWU l ccnify that this Trmpormj- Rvstruining Order is a true and correct copy of the original 0n filc in thc court. Date: Clerk, by , Deputy his is a Court Order. R" M‘s-m" Temporary Restraining Order (CLETS-TCH) CH'11°« P3995“ (Civil Harassment Prevention)
