Order Restraining Order After HearingCal. Super. - 6th Dist.February 22, 2021CH 1 30 CIVII Harassment Restraining Clerk stamps date here when form is filed. - Order After Hearing (D Parson [n :1: must complete itcms®.®. and© only. Protected Person a. Your FullName: Priscila Barraza Your Lawyer (ljfyou hare onefor this case) Name: State Bar No.: Finn Name: b. Your Address (Ifyou have a lawyer. giveyour lawyer's information. Ifyou (10 no! hare a lawyer and want r0 keep your home address private. you may give a diflé’ren! mailing address instead. You d0 nor have r0 give telephone, fax. or e-mail.) Fill in court name and 52a address: Superior Court of California. County of Santa Clara Address: 1671 Flickinger Ave CM] Division City; San Jose State: CA Zip: 95131 191 North Flrst Street San Jose, CA 951 l3 Telephone: Fax: E-Mail Address: Coun fills in case number when form is filed. Restrained Person Case Number: FullName: Sabrina Salazar 21CH009875 Description: Sex: D M E F Height: 5'7 Weight: 214 Date ofBirth: Hair Color: Brown Eye Color: Brown Age: 34 Race: Hispanic Home Address (if‘known): l 131 Arizona Ave City: Los Banos State: CA Zip: 95131 Relationship t0 Protected Person: Ex's Wife C3) E Additional Protected Persons In addition to the person named in CD the following family or household members of that person are protected by the orders indicated below: Fgll Name fl Agg Lives with you? How are they related to vou‘.’ Aiyana Priscila Martinez F 8 E Yes D No Daughter D Yes D No E Yes D No D Yes D No D Check here [fthere are additional persons. List them (m an attached sheet ()fpaper and write “Attachment 3- Additiunal Protected Persons " as a rifle. You may useform M0025. Attachment. Expiration Date This Order. exceptfor any award oflawyer's fees, expires at Time: a ‘v z 2 D a.m. Mm. D midnighton (dam); ti /“L% If no expiration date is written here, this Order expires Ihrcc years from the date ofissuance. This is a Court Order. $i??:L?;“?§i‘§3fi'$2;,mo“gnmm9‘" Civil Harassment Restraining Order After Hearing CH-130. Page 1 of6 C fCi I Pr u . . 279 A0032)?“ gyl majad re §§ 5276and$ (CLETS_CHO) a (Civil Harassment Prevention) Case Number: 2 1CH009875 ® Hearing a. There was a hearing on (dale): Jun 1 202| at (limo): 9:00 AM in Dept; 4 Room: (Name (g/jlldic‘itzl Qfficer): Comm. Erik Johnson made the orders at the hearing. b. These people were at the hearing: (l)P The person in@. (3) D The lawyer for the person in G) (name): (2)fl Th6 person in®. (4) D The lawyer for the person in® (name): D Additional persons present are listed at thc end ufthis Order on Attachment 5. c. D The hearing is continued. The parties must rctum tn court 0n (date): at (time): To the Person in 9: 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. <9 E Personal Conduct Orders a. You must not do the following things t0 the person named in G) E and to the other protected persons listed in ©z (l) 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 0r 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 0r location. Ifthis item (3) is not checked, the court has found good cause not to make this order. (4) E Other (specifi'): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). "See Section 1 1‘” b. Peaceful written 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. E Stay-Away Orders a- You must stay at least 300 yards away from (check all (ha! apply): (l) E file person in (D . (7) E The place ofchild care ofthe children of (2) E Each person in®. ‘he Person in® - (3) E The home ofthe person in® . (8) E The vehicle ofthe person in®. (4) E The job or workplace of the person (9) E Other (specifiy; “1CD. *See Section 11* (5) E The school ofthe person in ® (6) E The school ofthe children ofthe person ind). b. This stay-away order does not prevent you from going lo or from your home or place of employment. This is a Court Order. R" ”W" ‘5‘”‘9 Civil Harassment Restraining Order After Hearing CH4”. P399 2 0'6 (CLETS-CHO) .9 (Civil Harassment Prevention) Case Number: 21CH009875 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 turn in to a law enforcement agency, any guns or other firearms in your immediate possession or control. o File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been tumed in, sold. or stored. (You may usefimn CH-8()(}, Proof of Firearms Tumed In, Sold, or Stored,for the receipt.) c. D The court has received information that you own 0r 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 (spectfl make, model. and serial number Qfifirearmb'»: The firearm must be in his 0r 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. ® 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: Iggm Amount lte Amgun; $ S $ $ 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. (Idemifi' animals by. e.g.. ape. 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. ® E Other Orders (specifi): To the extent the personal conduct orders and the stay-away orders conflict with any Family Court orders concerning custody visitation. and/or exchange 0f the minor protected person in (3) the Family Coun orders shall control. You must comply with all such Family Coun orders. D Additional orders are attached at the cnd of this ()rdcr on Attachment l l. This is a Court Order. R" “m" ”2°” Civil Harassment Restraining Order After Hearing CH-130' P899 3 0f 6 (CLETS-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CH009875 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 Califomia Law Enforcement Telecommunications System (CLETS). (Check one): a. E The clerk will enter this Order and its proof-of-sen'ice form imo 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: Name of Law Enforcement Agency Address (gig; Slag. Zing D Additional law enforcement agencies are listed at the end of this Order on Attachment 12. ® Service of Order on Restrained Person a. VIM person in® personally attended the hearing. No other proof of service is needed. b. D The person in® did not attend the hearing. (l) D Proof ofservice of form CH-l l0, Temporary Resrraining Order. was presented to the court. The judge‘s orders in this form are the same as in fonn CH-l 10 except for the expiration date. The person in must be served with this Order. Service may be by mail. (2) D Thejudgc‘s orders in this form arc different from the temporary restraining orders in fonn CH-l 10. Someone~but not anyone in® or @-must personally serve a copy of this Order on the person in® E No Fee to Serve (Notify) Restrained Person The sheriff 0r marshal will serve this Order without charge because: a. E The Order is based on unlawful violence, a credible threat ofviolence, or stalking. b. D The person in® is entitled to a fee waiver. ® Number of pages attached to this Order. if any: Date: June l, 2021 ERIK s.' JOHNSON This is a Court Order. Civil Harassment Restraining Order After Hearing CH‘130v P3964 0'5 (CLETs-CHO) -> (Civil Harassment Prevention) Rev March 15. 2019 Case Number: 2 1CH009875 arning 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 or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go tojail and pay a S l ,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 ofthe terms ofthe Order and then must enforce it. Violations of this Order are subject Io criminal penalties. Start Date and End Date of Orders This Order starts on the dale next to the judge’s signature on page 4 and ends on the expiration date in item@on page I. Arrest Required If Order Is Violated [fan officer has probable cause to believe that the restrained person had notice 0f the order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ), l3701(b).) A violation ofthe order may be a violation of Penal Code section I66 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. Notice/Proof 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 ProqufSen'ice or confirms that the PronQ/‘Sen'ice is on file; m- 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 ofthe order and proofof service in CARPOS. prroof of service on the restrained person cannot be verified 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 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. § l37l0(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Pa9e50f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rav March 15. 2019 Case Number: 2 1CH009875 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: If one ot‘the orders is an Emergency Protective Order (form EPO-OOI ) and is more restrictive than other restraining 0r protective orders, it has precedence in enforcement over all other orders. 2. No-Contucr 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 lakes 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 or protective order has been issued, the one that was issued last must be enforced. Clerk 's Certificate (Clerk willfill out (his part.) [seal] --Clerk's Certificate- I certify that this Civil Harassnmzt Rmtraining Order After Hearing is a true and correct copy ofthe original on file in the court. Date: Clerk, by ’ Deputy This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Pa9e60f6 (CLETS-CHO) (Civil Harassment Prevention) Rev. Match 15‘ 2019