Request Restraining OrderCal. Super. - 6th Dist.February 17, 2021DocuSign Envelope ID: BBEDSZAE-7E90-4CFD-9258-E551 BBZSCG 1 9 Request for CiV" Harassment Clerk stamps date here when form is filed. Restraining Orders Read Can u ('iri/ Hm‘ussnwm Restraining Order Help Me? (form CH-IOO- INFO) before completing this form. Also fill out Confidential CLETS Information (form CLETS-OOI) with as much information as you know. l L E D Person Seeking Protection FEB 1 7 202 1 Ir a. Your Full Name: Clerkoc ecoun (IVE? Wendy Orpnday Age: 2 1 BY qw‘m' 0°“ enty o! Santa Clara Your Lawyer (ifyou have onefor this case) QWW Name: Christ i na Arrecmrpq State Bar No.2 3.18.029- Superior Court of California, County of Firm Name: Lpaal Advorarpq for Children & Yourh $33133] géirgtreet b. Your Address (Ifyou have a lawyer, give your lawyer's l9 l N lst Street information. Ifyou d0 not have a lawyer and want t0 keep your gigiiose ’ CA 9 5 1 1 3 home address private, you may give a diflerem mailing address instead. You d0 not have to give telephone, fax, 0r e-mail. ) Court fills in case number when form is filed. Address: 4 North Second Sf rept- Suite l? 00 Case Number: City:EarLLIQse-Stalezm Zip:.9.5.LL°L__ ZICH009870 Telephone: _(AD_8.)_2_8_0_-_2_4J_6_ Fax:W51)- E-Mail Addressznhnismnmegoaesfllamiomdammg. ® Person From Whom Protection ls Sought Full Name: Anyeli Santos Age: 19 Address (ifknown): 179 South Sunset Ave City: San Joqe State: CA Zip:m ® Additional Protected Persons a. Are you asking for protection for any other family or household members? DYes m No lfyes, list them: Full Name Sfi Ag; Lives with you? How are thev related to vou? D Yes D No D Yes D No D Yes D No D Yes D No D Check here if there are more persons. Attach a sheet ofpaper and write “Attachment 3a-Additional Protected Persons"f0r a title. You may use form MC-025, Attachment. b. Why do these people need protection? (Explain below): D Check here ifthere is not enough spacefor your answer. Put your complete answer 0n the attached sheet of paper orform MC-025 and write “Attachment 3b-Why Others Need Protection ”for a title. This is not a Court Order. §”°'%§§3:p§#y°§,°§6'{%m&f magi?” Request for Civil Harassment Restraining Orders CH-1oo, Page1 ots 6E; 'VE' '°°°"‘;:l§§5276°" (Civil Harassment Prevention) 9 um". FJFOI'MS Orenday, Wendy DocuSign Envelope ID: BBED32AE-7EQO-4CFD-9258-555138260619 Case Number: _2_Lcumflfllfl_ @ Relationship of Parties How d0 you know the person in®? (Explain below): D Check here if there is not enough spacefor your answer. Put your complete answer on the attached sheet 0f paper orform MC-025 and write “Attachment 4--Relationship ofParties " for a title.Won in 2 is rhe Girlfriend oi mv ex-bovfriend wirh mem_LsthghLli- ® Venue Why are you filing in this county? (Check all that apply): a. m The person in® lives in this county. b. m l was harassed by the person in® in this county. c. D Other (specifv): ® Other Court Cases a. Have you 0r any of the persons named in© been involved in another court case with the person in®? D Yes m N0 (lfyes, check each kind 0f case and indicate where and when each wasfiled. ) Kind of Case Filed in (County/State) Year Filed Case Number (ifknown) (l) D Civil Harassment (2) D Domestic Violence (3) D Divorce, Nullity, Legal Separation (4) D Paternity, Parentage, Child Custody (5) a Elder 0r Dependent AdultAbuse (6) D Eviction (7) D Guardianship (8) D Workplace Violence (9) D Small Claims (IO)D Cn'minal (l DD Other (specify): b. Are there now any protective or restraining orders in effect relating t0 you or any of the persons in @and the person in®? m No DYes (Ifyes. attach a copy ifyou have one. )There are orders restricting ® Description of Harassment Respondent in my family law case . Harassment means violence or threats of violence against you, or a course of conduct that seriously alarmed, annoyed. 0r harassed you and caused you substantial emotional distress. A course of conduct is more than one act. a. Tell the coun about the last time the person in ® harassed you. (l) When did it happen? (provide date 0r estimated dale): January 2 O2 1 (2) Who else was there? Pleaqe see t'hp attached Declaration This is not a Court Order. “"“1J‘"“""-2°‘° Request for Civil Harassment Restraining Orders CH-1oo. Pagez ole CEB M"! (Civil Harassment Prevention) cum». BBL"?! 9 Orenday, Wendy DocuSign Envelope ID: BBEDSZAE-7E90-4CFD-9258-E551 BBZGC61 9 CaseNu3¢r8H00 98 70 ® a. (3) (4) (5) (6) How did the person in® harass you? (Explain below): D Check here ifthere is no! enough space for your answer. Put your complete answer 0n the attached sheet ofpaper orfomx MC-025 and write “Attachment 7a(3)-Describe Harassment " for a title. P1 paqp see the at' tar‘hpd Declarar ion Did the person in® use or threaten to use a gun 0r any other weapon? D Yes m No (Ifyes, explain below): D Check here if there is not enough spacefor your answer. Pu! your complete answer 0n the attached sheet ofpaper orfoml MC-025 and write “Attachment 7a(4)-Use of Weapons " for a title. Plpaqp see the at' tarhpd Declaration Were you harmed or injured because of the harassment? D Yes D N0 (lfyes, explain below): D Check here ifthere is not enough spacefor your answer. Put your complete answer on the attached sheet ofpaper orfonn MC-025 and write “Attachment 7a(5)-Harm or Injury” for a title. Plpaqe see the atrarhpd Declaration Did the police come? D Yes m N0 If yes. did they give you or the person in ®an Emergency Protective Order?D Yes D No 1f yes, [he order protects (check all that apply): DMe D The person in ® D The persons in @. (Attach a copy of the order ifyou have (me. ) b. Has the person in ® harassed you at other times? m Yes D N0 (Ifyes, describe prior incidents and provide dates ofharassmen! below): D Check here if there is no! enough space for your answer. Put your complete answer on the attached sheet of paper orform MC-025 and write “Attachment 7b-Previous Harassment" for a title. Please see the attached Declaration This is not a Court Order. "f“"df°"“°” “2°” Request for Civil Harassment Restraining Orders cu-1oo, Page a ore C 53m (Civil Harassment Prevention) 9am D“ Orenday, Wendy DocuSign Envelope ID: BBEDSZAE-7E90-4CFD-9258-E551BBZGC619 Case Number: 9 1 f‘ Llnn n0 ’2 n Check the orders you want. E m Personal Conduct Orders I ask the court to order the person in @not to do any of the following things to me or to any person to be protected listed in®z a. m Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f, or disturb the peace of the person. b. mComact 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. c. DOther (specify): D Check here ifthere is no! enough spacefor your answer. Put your complete answer 0n the attached sheet ofpaper orform MC-025 and write "Attachment 8c-0ther Personal Conduct Orders, "for a title. The person in ® will be ordered not to take any action to get the addresses or locations ofany protected person unless the courtfinds good cause not Io make the order. ® mStay-Away Orders a. I ask the court to order the person in ® to stay at least 3.0.0- yards away from (check all that apply): (l) m Me. (8) m My vehicle. (2) D The other persons listed in@. (9) m Other (specifv): (3) m My home. pxrpminn m rm: ahmm. (4) m Myjob or workplace. . . . . I E i l (5) m My school. (6) m My Children’s school. WMES- (7) m My children's place of child care. b. If the court orders the person in ®to stay away from all the places listed above, will he or she still be able t0 get to his or her home, school, or job? m Yes DNO (Ifno. explain below): D Check here if there is no! enough spacefor your answer. Put your complete answer on the attached sheet of paper orform MC-025 and write “Attachment 9b-Stay-Away Orders, " for a title. Rp Lfl/zj/ Lawyer's signature Christina Arregoces ’ Lawyer's name (ifany) l declare under penalty of perjury under the laws of the State of California that the information above and on all attachments is true and correct. Date: ll 281 2021 [Musum by: FDCZFNiMZMSFWendy Oranday Type or print your name Sign your name This is not a Court Order. "t““ijm'” "2°” Request for Civil Harassment Restraining Orders CH-1oo, Pageeots (£3 ‘mm'u‘. (Civil Harassment Prevention)chm E___ Orenday, Wendy DoouSign Envelope ID: BBED32AE-7E90-4CFD-9258-E55188260619 20 2| 22 23 24 25 26 27 28 l. Attachment to CH-100 - Description of Abuse I, Wendy Orenday, am the Petitioner in this matter. I respectfully submit this declaration in support of my request for a Civil Harassment Restraining Order against Respondent Anyeli Santos. For some time, and as recently as the week of January 18, 2021, Respondent has harassed and purposefully intimidated me via verbal abuse in person, sending me multiple harassing messages online, threatening in person and online to physically fight me, calling me names, and following me in a stalking and aggressive fashion by car on multiple occasions while driving recklessly. As a result of her continuous actions, I fear for my safety from Respondent. Respondent is the current girlfriend ofmy ex-boyfriend, with whom I co-parent my 6-year-old daughter. I try my hardest to avoid Respondent, but because she lives with my ex- boyfriend and because my daughter has frequent visitation and exchanges at my ex- boyfriend’s house, Respondent has ongoing access to me and often knows where I physically am or will be. While I have worked to avoid filing this request so that I do not incite retaliation from Respondent, Respondent commits frequent abuse and harassment against me, often in the presence ofmy 6-year-old daughter during visitation exchanges, which causes me fear and concern both for my own physical wellbeing and the psychological wcllbeing ofmy 6-year-old daughter. I file this request only because I want her to stop. Brief History of Relationship with Respondent 5. As stated above, Respondent is the current girlfriend ofmy ex-boyfn'end, Alejandro Gonzalez. Mr. Gonzalez and I have a six-ycar-old daughter together. Mr. Gonzalez and I have long had a turbulent relationship as Mr. Gonzalez committed severe acts of physical abuse against me and in the presence of our daughter when we were together years ago. For example, in 2016, Mr. Gonzalez punched me in the face in front 0f our daughter, breaking my nose. In 2018, Mr. Gonzalez pointed a loaded gun at me in front of our Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E55183260619 10 ll l2 20 21 22 23 24 25 26 27 28 10. daughter. As a result, I currently have a ycars-long Domestic Violence Restraining Order against Mr. Gonzalez (16DVO l 997 l ). Since 201 6, the year I filed for a DVRO against Mr. Gonzalez, we have been involved in a family law parentage case regarding custody and visitation for our daughter ( 16CP023227). Currently, our daughter lives with me and has day visits at Mr. Gonzalcz’s home 3 to 4 times a week, necessitating essentially 6 to 8 exchanges of our daughter, which largely take place at Mr. Gonzalez’s home. In recent years, Mr. Gonzalez began dating Respondent. During this time, Respondent moved into Mr. Gonzalez’s home, where our daughter began to have visits pcr court order. While I did not know Respondent well at the time, she began to treat mc with aggression whenever our paths crossed, whether during exchanges or in public. I believe this was likely due to retaliation as Ihad sought and been granted a DVRO against her boyfriend, and because I did not hesitate to share the horrific details of his abuse against me in family court in an effort to protect my daughter. In August 201 8, while with my sister, I saw Mr. Gonzalez and Respondent at Walgreens. In front of Respondent, Mr. Gonzalez made a gun motion shooting gesture at me. Respondent became more and more present in my life around that time, choosing to be the person to facilitate the exchanges of my daughter even when Mr. Gonzalez or other family members were present. Respondent would bring my daughter to the door and would then make snide remarks in front ofmy daughter and stare at me menacingly. In approximately 2019, my daughter told me that Mr. Gonzalez and Respondent would physically fight in my daughter’s presence and that the police would come to interview Respondent while my daughter was there. Extremely concerned, I raised these statements in a declaration to the family court. I believe Respondent read my concerns and became irate at me for mentioning them to the court because she attended our next hearing even though she is not a party to the case and looked at me often and menacingly during and after. Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E55188260619 l9 20 2| 22 23 24 25 26 27 28 Respondent’s Physical Intimidation ll. 12. l3. l4. 15. Over the past year, Respondent has followed me in a car while I was driving approximately 3 times, the most recent time being the week 0f January 18, 2021. While l cannot recall the exact dates of the prior two incidents, both other events were similar to the one that happened most recently this month. During this event, I was driving home in my car from my school after my class has ended. I was alone in my car. I had just exited the freeway and came to a stop at red light off the exit when I noticed a car that looked familiar and was stopped very close to mine in the lane next to me. The car looked like my ex-boyfriend’s car. When I looked at the driver’s seat, I saw Respondent. I could not tell if anyone else was in the car, but Respondent was at the wheel. Respondent was already looking at me and we made eye contact. l immediately looked away because I did not want the situation to escalate but I could sense Respondent continuing to stare at me. When the light changed, Respondent waited until I had started driving straight and then sped suddenly and cut me off in the lane. I slowed so we would not crash. During this time, I saw Respondent’s license plate and knew without a doubt that it was my ex- boyfriend’s car, which I have seen her drive in the past. Respondent then began driving incredibly aggressively, speeding and slowing, and driving into the shoulder of the road to get back behind my car. Once shc was behind my car, I looked into the rearview mirror and made eye contact once again with Respondent, who had a menacing look on her face. I looked away and kept driving carefully. I was afraid to go home because I was not sure if Respondent‘s plan was to follow me all the way home and get out ofmy car. Eventually, after minutes of driving very close to me, Respondent disappeared. One another occasion prior to the one stated above, Respondent seemingly found me when I was driving on the Capitol Expressway. As in the incident detailed above, I first recognized the car she was driving and when I then looked into the driver's scat, I saw Orenday v. Santos Attachment lo CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E55183260619 l9 20 2| 22 23 24 25 26 27 28 l6. l7. l8. and recognized Respondent. Respondent had a menacingly look on her face which scared me. Respondent pulled up near my car and yelled out, “Let’s fight bitch!” I yelled back that I was not going t0 fight her. Respondent then began driving aggressively, stopping and speeding up in the middle of rush hour traffic. Other cars began honking their horns at her as she wove in and out of traffic trying t0 get close to me. I truly believed she was trying to get me to crash my car into her car or another car on the road. I ended up crossing several lanes of traffic as safely and slowly as I could to get away from her car, and for a moment, Respondent tried to follow my path. Once I believe she realized that it would be difficult to follow me in the traffic, she left. The other time this occurred ovcr the past year was very similar, with Respondent seemingly finding me on the road, staring me down, and driving in an intimidating and aggressive manner, making me fear getting into a car crash either with her or crashing into something else as a result of her unpredictable driving close to my car. Immediately afier the most recent incident took place, I texted my ex-boyfriend’s mother, who is thc court-ordered intermediary for exchanges, and told her what happened. She told me to seek protection if I was afraid of Respondent. On another occasion which occurred this past summer 2020, I was walking alone from a store on the sidewalk next to a street when I heard a voice yelling out. When I turned around on the sidewalk to see where it was coming from, I saw a car that I recognized to be my ex-boyfriend’s car coming to a stop in the middle of the street near where I was, blocking other traffic. ln the driver’s seat, l saw Respondent. Respondent was yelling at me from her car in a serious and intimidating manner, repeating over and over, “Let’s fight, bitch!” I continued walking and tried to ignore her, hoping she would not get out of her car and follow mc. Eventually, afier blocking traffic, the yelling stopped, and I did not see Respondent's car anymore. l quickly walked away. Respondent‘s Verbal Threats and Intimidation l9. That incident 0n the street during summer 0f 2020 was not the first or the last time that Respondent has threatened to fight me in person. Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E551 88260619 20 2| 22 23 24 25 26 27 28 20. As recently as earlier this month, l walked my daughter to Mr. Gonzalez’s front door to drop her off for a visit. Respondent opened the door. Immediately she gave me a dirty look and escalated the situation by saying, in front of my 6-year-old daughter, “What’s your problem, bitch?” l told her l did not want any problems. She said, “You’re acting like you like me, but you don’t, bitch” and “What are you gonna do, bitch?” My daughter became upset and she went inside the house toward where I believe her father was. 21. Trying to diffuse the situation, I turned around to leave and began to walk away when l heard Respondent yell behind me, “Turn around and walk away, pussy bitch!” I did not reply and walked away faster, hoping she would not follow me or physically touch mc so close to where my daughter was. This type of interaction has happened numerous times during frequent exchanges. 22. When I spoke about this incident to Mr. Gonalzez’s parents, they expressed concern about this behavior and agreed that it could only serve to harm my daughter. 23. Respondent will also threaten and harass me by sending me messages and calling me repeatedly, usually over Facebook Messenger. Respondent’s Facebook name is “East Side Sj,” and from that account, she will send me messages saying things like, “I’ma check you hoe lets see if you bout that” and “fuxkin hoodrat.” Respondent will also refer to gang involvement by saying, “you bang or what ?," “What you throwing up three for if u ain’t gonna back it up,” and “Back that shit up before some real mf check you.” Please see photos of said messages scnd in April 2020 attached as Exhibit A. Via these photos, it can be seen that Respondent also attempts to call me from Messenger in the middle of saying these things and tries to further get my attention by saying “yo.” Respondent has also repeatedly “liked" many of my posts in the past before I blocked her, in an attempt, I believe, to get under my skin. It can also be sccn via these photos that I have since blocked messages and calls from her account in an attempt to stop her harassment and threats. Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-40FD-9258-E551 8826061 9 l0 12 13 l4 15 20 2| 22 23 24 25 26 27 28 Januag 2021 Family Law Ex Parte Motion 24. In response to Respondent’s most recent harassment and threats detailed above that occurred in front of my daughter when I dropped her off at Mr. Gonzalez’s house and other concerns I have regarding Mr. Gonzalez’s care of our daughter, I filed an ex parte motion with the Court requesting temporary emergency orders in protection ofmy daughter. 25. While some of the requests I made in said motion pertain specifically t0 Mr. Gonzalez’s actions, I also requested temporary emergency orders from the family court such that Respondent shall not be present at any exchanges of my daughter and that Mr. Gonzalez shall not leave our daughter in the sole care of Respondent during any of the visits. l also asked for all visitation to be supervised because I am concerned that Mr. Gonzalez and Respondent physically fight in front of our daughter and expose her to age inappropriate and dangerous behavior. 26. I specifically asked for the temporary emergency orders above due in part to the abuse and harassment that Respondent repeatedly directs toward me in the presence ofmy daughter, which makes me fear for my safety and the effect said behavior has on my daughter. I filed my motion on January 22, 202 l. 0n January 26, 2020, I received the filed motion back from the court, upon which the court granted my request in full and issued all temporary emergency orders that l requested, including those regarding Respondent. A hearing date is set in family court on my motion on February 22, 2021 at 10:30AM in Department 75. Please see said court order attached as Exhibit B. Conclusion 27. Due to Respondent’s repeated actions, I fear for my safety. Respondent has made it very clear that she does not like me, that she is able to find and follow me in her car, and that she wants to physically fight me. Not even being in the presence of a six-year-old child deters Respondent from making these serious threats. 28. Respondent’s statements and acts make me fear being out in public alone and driving on the street in my local community alone. While I have blocked her 0n social media and do Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E551 8326061 9 13 I4 15 l6 20 2| 22 23 24 25 26 27 28 29. my best to ignore her threats in person, because Respondent lives with the person l co- parent with per court order, I am not able to avoid Respondent entirely and she will continue to have regular access to me and my schedule. In the past several years, I have worked hard to co-parent with my daughter’s father in the face of severe physical abuse. I am going to school to get a degree and I am trying so hard to stay on a good and healthy path for both myself and my daughter. I do not wish to retaliate against Respondent in any way, nor impede upon her life. Because she is dating and living with my ex-boyfriend, I know she will be a part ofmy daughter’s life. I am filing for a CHRO only because I want for her to leave me alone. As such, I am respectfully requesting that the Court grant me a Civil Harassment Restraining Order against Respondent for a period of 5 years. I declare under penalty of perjury the foregoing is true and complete to the best ofmy knowledge. Docusngm by: Date: 1/28/2021 [Foczrugmmsi I Wendy Orenday Petitioner Orenday v. Santos Attachment to CH-IOO - Request for Civil Harassment Restraining Order DowSign Envelope ID: BBED32AE-7E90-40FD-9258-E5518826061 9 EXHIBIT A DocuSign Envelope ID: BBED32AE-7E90-4CFD-9258-E551BBZ6C61 9 “WEsponsored \ 3 ~"Y :‘r “’2’: Finish In As Few As 9 Months 11‘ {V» _.mn:;n-. H vdu "9 C' I; 'i. j": "?‘x "(I J" v‘i 4,} f"; 3”"! "3? I I It". _ . \udio ‘ n I ~ East Side SJ v WM '~'... ~‘ X r’ri,” Any
