Order Temporary Restraining OrderCal. Super. - 6th Dist.February 19, 2021CH-1 10 emporary Restraining Order Person in must complete items <1) @'® Protected Person , md only. ® Chrk stomps data hen when form is mod. Filed February 19, 2021 Clerk of the Court a. Your Full Name:m Hinh superior COUFt 0f CA Your Lawyer (ifyou have onefor this case): county Of santa Clara Name: State BarNo.: 21 CH009872 Firm Name; Self-Re resented By; knguyen b, Your Address (lfyou have a lawyer, give your lawyer's information. Ifyou do not have a [auger and want Ia kee your home es: private. you may I've a dtferem mailing a em instead You d0 no! have Io give lelep one. fax. or e-mail ).' Addresszl?.65 Runshaw Pl Fill in ooun Mme and um! mun: Supodor Court of California, County of Santa Clara 191 N. First Street - 1 z I - z 9 191 N. First StreetClty San Jose State CA le 5121 San Jose, CA 95113 Telephone: (408)431-3864 Fax: cw" courthouse _ DTs E-Mail Address: n u en22 a ailmm Coon ans m case number when ram is and. ® R I ed P Ca“ Number:est?! n BRO" 2 FullName: DavisHan ZICHDO 987 Description: Sex: a M D F Height2N/A Weight: N/A Date ofBinh: N/A Hair Color: gray Eye Color: Brown Age: 60-70 Race: AgianNigmamgig Horne Address (ljfknawn): 1265 Runshaw Pl. City: Ag .1ng Slate: CA Zip: 95 1 21 Relationship to Protcctcd Person: Landlord/chlal r D Additional Protected Petsons ln addition lo the person named in ® . the following family or household members ofthat person are protected by the temporary orders indicatcd below: G) _..___FU“N8m¢ 55$ Ag! MW RI. Cd? n DYes ONO ._- DYes ONO _ Dch DNo D Check here ifthere are additional persons. Li." them on an attached sheet ofpaper and write "Anachmen! 3-- Addin‘onal Protected Persons " a: a title. You may useform M0025. Attachment. The court will complete the rest ofthisform. CD Expiration Date This Order apira at the end ofth: hearing scheduledfor (Ice date and time below:---m-1-3~m1----- . -.------ £1.30 ’,_{a.m. Epm.Date: Time: This is a Court Order. Temporary Restraining Order (CLETS-TCH) (Civil Harassment Prevontion) WMHC‘I-JuummgwWmtmnwin“IWMlflu70-ULJ1IWhoa! cnmo, 9.9. 1 ova ROHCI n PVERN->w2.2km Cm Number. -0I 31mm” The court bu granted the temporary orders checked as granted below. lfyou do not obey these orders. you can be arrested Ind charged with a crime. You may be sent lo jnil for up to one year. ply I fine of up lo $1.000. or both. Personal Conduct Orders D Not Requested DDenled Until the Hearing aeranted as Follows: a. You must not do the following things Io the person in ®D md to the other protected persons listed in®z (1) Hams, intimidate, molest. mack, strike. stalk. threaten. assault (sexually or otherwise). hit. abuse. destroym personal propcny of, or disturb the peace of the person‘ (2) E Contact lhc person, eithct directly or indirectly. in Iny way, including, but no! limited m, in person. by telephone. in mixing, by public or private mail. by imeroflice mail. by e-mail. by text message, by fax, or by other electronic means. (3) ETake any action to obtain the person’s address or location. Ifthis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specmz): D Other personal conduct orders arc attached at the end of this Order on Attachment 53(4). b. Peaceful wn'ncn contact through a lawyer or a process server or other person for service of legal papers minted 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 Q. Stay-Away Order DNot Requested D Denied Until the Hearing a Granted as Follows: a. You must stay at least [.5 yards away from (cinck all (ha apply): (l) m The person ® (7) D The place ofchild care ofthc children of in (2) D Each person in9 the person i0 (3) D neon]: ofthe person in® (3) D 'Dre vehicle ofthe person in® (4) D The job or workplace of the person (9) D Other (specim; in 1 (5) D The school of the person in® (6) D 'nle school of the children ofthe person in© b. This suy-away order does not prevent you from going to or fiom your home or place of employment. No Guns or Other Firearms and Ammunmon a. You cannot own, possess, have, buy or try to buy. receive or u'y to receive, or in any other way get guns. other firearms, or ammunition. b. You must: (l) Sell lo or store with I licensed gun dealer. or tum in to a law enforcement Igmcy, any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order. This is a Court Order.WM‘ ”"m'" Tempora Restralning Order (CLETS-TCH) cnmo. P 2cmmm f(yCMI Harassment anonflon) m 9‘- Cue Numbon (2) File I receipt wixh the coun within 48 hours ofrecciving this Order that proves%w$ )Qur guns or firearms have been mmed in. sold. or stored. (You ma} useform (‘H-800. Proofof Firearms Turned In. Sold. or Stored.for the receipt) c. D The court has received information that you own or possess a firearm. ® Possession and Protection of Animals nNot Requested D Denied Until the Hearing DGranted u Follows (specify): n. D The person inG is given the sole possession, care. and contml ofthe animals listed bclow, whichm owned. possessed. leased, kept. or held by him or her. or reside in his or her household. (I&mifi' animal: by. e.gv, 0m. breed name. color. sex.) b. D The person in must stay at least yards away from. and not lake. sell, u‘ansfcr. encumber. conceal. molest. attack. strike. threaten. harm. or otherwise dispose of. the animals listed above. ® Other Orders gym Requested D Denied Until the Hearing DGranted as Follows (specify): D Additional orders m attached at the end of this Order on Attachment 9._©l Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Protective Order System (CARPOS) through die Califomin Law Enforcement Telecommunications System (CLETS). (Check onel' a. D The clerk will enter this Order and its proof-ofoscrvicc form intoCARPOS. b, $\Thc 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 dale that this Order is made. the person in 0" hi5 0" h“ lawyer 9'0"“ deliver a copy of the Order and its proof-of-scrvice form to the law enforcement agency listed below lo enter into CARPOS: Name ofLaw Enfogcmem Agm d i ' tat D Additional law enforcement agencies arc listed at the end of this Order on Attachment 10. WM‘ ”"4MM Temporary Restraining Order (CLEl'S-TCH) cu-no. 9.9. a onEfi 9(Clvll Hanumont Prevention) ® No Fee to Serve (Notify) Restrained Person m Ordered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. a The Order is based on unlawful violence. a credible threat of violence. or stalking. b. D The person in® is entitled to n fee waiver. Signed Zw‘92021 12'17PM® Number ofpages attached to this Order. if any: m (Mai {QMréon J“""""" 01m” CAROL OVERTON Warnin- s and Notices to the Restrained Person i B You Cannot Have Guns or Firearms 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. lfyou do. you can go lojail and pay a $1,000 fine. You must sell Io or store with a licensed gun dealer. or tum in to a law enforcement agency, any guns or other firearms that you have or conuol Is sated in item ® above. The coun will require you lo prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served wim this Temporary Restraining Order and form CH-109. Notice afCour! Hearing, but you do not appear al the hearing either in person or by a lawyer. and a restraining ordet that is the same as this Temporary Restraining Order except for the expiration date is issued at lhc hearing. I copy of the ordet will be served on you by mail a! the address in item ®. If this address is not correct or you wish to verify that the Temporary Restraining Order was convened into I remitting 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 Restralnlng Order - Obey all 1h: orders. - Read form CH-IZOvINFO. How Can I Respond to a Requeslfor Civil Harassment Remaining 0rder3?. to learn how lo respond to this Order. o lfyou want to respond, fill out fon'n CH-l20, Response Io Requestfor Civil Ilaraxsnwnl Restraining Orer. and file it with the court clerk. You do not have to pay any fee to file your response if the Request 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 CD or that person‘s anomcy. You cannot do this yourself. 111a person who docs the mailing should complete and sign form CH-ZSO, ProofofService ofRuponu by Mail. File the completed proofof service with the comm! clerk befom the hearing date or bring it with you to the hearing. - In addition to the response, you may file Ind have declarations served, signed by you and other persons who have personal knowledge of the facts. You mly use form M0030. Declaration. for this purpose. ll is available fiom the clerk's office u the coun shown on page l of this format at umacoumcagovform. Ifyou do not know how to prepare I declaration, you should see I lawyer. This is a Court Order. -- m-v t N"m '-~ Tempou'ary RestraTningTrdet (CLETg-TCH) cu-m. Pap. t u o gm (Clvll Harassment anonuon) -) CuoNunbor: ____3_;_;_~_unn 03 7 2 - Whether or not you file a rcSponsc, )ou should attend lhc hearing. lfyou have any witncsses‘ lhcy must also go lo the hearing. - At the hearing. thcjudge can make restraining orders against you that last for up to five years. Tell (h: judge why you disagree with the orders mquestcd‘ Instructions for Law Enforcement Enforcing the Restraining Order This order is enforcable 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 Prokcctive Orders System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person. the agency must advise the restrained person of the [ems of the order and then must enforce it. Viola‘ions of this order are subject to criminnl penalties. Start Date and End Date of Orders This order starts on the date next lo the judge‘s signaturt on page 4. The order ends on the expiration date in item ®on page]. 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 the order. the officer must urtst the restrained person. (Pen. Code. §§ 836(c)( l ). I3701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged lo enter violation messages into CARPOS. NoticelProof of Service 111C law enforcement agency must firs! dctcrminc if the restrained person had notice of the order. Consider the restrained person “served" (given notice) if(Pen. Code. § 836(c)(2)): o The officer secs a copy ofthe Proofof Service or confirms that the Proofof Service is on file; or o 111: restrained person was informed ofthe order by an officer. An officer can obtain information about the contents oflhe order and proofof service in CARPOS. lfproofof mice on the restrained pcmn cannot be verified. the agency must advise the restrained person ofthc terms of the order md then enforce il. If the Protected Person Contacts the Restrained Person Even ifthc 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 lo contact with the restrained person. 11w order can be changed only by another court order. (Pen. Code, § I3710(b).) This is a Court Order.WM' 2°"m'm Temporary fiestraining Order (CLETS-TfiH) cmm, mg. sot o gm (Clvll Harassment vaontion) 9 °‘""""“‘§'1 eHoo 98 7 2 Conflicting Orders-Prlorities for Enforcement If more than one restraining order has been Issued, the orders must be enforced according to the following pflofities (see Pen. Code. § 136.2; Fam. Code. §§ 6383(h)(2), 64050)): l. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOI) and is more mstn'ctivc 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 I restraining or protective order has precedence over any other rcshaining 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 takcs precedence in enforcement ovcr any conflicting civil court order. Any nonconflicting terms ofthe civil restraining order remain in effect and enforceable. 4. Family, Juvenile. or Civil Order: lf more Ihan one family, juvenile. or other civil restraining or protective orda has been issued. the one that was issued last must be enforced. (Clerk willfill out this part.) Clerk's Certificate- Clerk’s Cem'ficme l eeni thtt this Temporary Restraining Order is a (me and correct copy of the [seal] origi on file in the ooun. Date: Clerk. by . Deputy This is a Court Order.WW “’°" “"""""‘ Tempora Restraining Order (CLETs-TCH) cmw, p emm3g ?Clvll Harassment Provonflon) .9.n-.