Order Temporary Restraining OrderCal. Super. - 6th Dist.February 22, 2021CH-1 10 Temporary Restraining Order cm“WSW” "mmmmm- m Filed Purson in :1) mm! L'nnxplc'lc 116nm® ,® and© only. February 24' 2021 Protected Person _ _ C'erk 9f the Court a, Your Full Name: fl Do; [a @anam Superior Court of CA Your Lawyer (t_"fyou have onefor (hi5 casc): county Of santa Clara Name: State Bar No: g1 (3:009875--- 3 n U en Finn Name: y g y b. Your Address (Ifyou hare a Iauycr, givc'your Iauycr's information. lfyou do m)! haw u quyer and mm! Io kccp your home address Fin 'n court name and snot address private. you may give a dlflercm mailing addresx inslcad. You d0 not superior Court of Californla_ county of hare (0 give telephone, far, or e-nmil.): Santa Clara Address; lw‘] I Thouml Aw Civil Division , _ V r , ‘ 191 Nonh First StreetCW $40 005:6 5m“ GQ- Z‘P-£21- San Jose. CA 951 13 Telephone: 4O 8 I 87, fl t (2! lg Fax: E-Mail Address: Court fills in case number when form ls filed. Restrained Person ca“ ”“mw‘ Full Name: Sam]M Saw?“ glc H DD 9 8 7 5 Description: Sex: D M fl F Height: 6’1“ Weighm’flbs Dale orBinh; HairColor: bygnn Echolorzmw Age: Db} Race: ' a i6 HomeAddrcss(ifknuun): H31 Ahwnm Aw City: _[,O'2 BMOD slate: 69 Zip: 45151 Relationship to Protgctcd PcrsonHyflX’S W] f6 fl Additional Protected Persons In addition to the person named in® the following family or household members 0f that person arc protected by the temporary orders indicaxed below: FuIlName Sex Age Household Member? Relationto Protected Person A‘Nanq anm Mammz ? g Q’Yes D No naugwa ‘ D Yes D No v D Yes D No D Yes D No D Check here {fillers are additional persons. List them 0n an atmvhed sheer ofpaper and write “Attachment 3- Addm'onal Protected Persons " as a title. You may uscform MC-025, Attachment. ~ - Th' ‘ zrn'ill ')m let’th’rcsro (hi: )rm.® Expiration Date ‘ ‘0‘ ‘ “ I’ ‘ ‘ f ‘fl This Order expires at the end ofrhe hearing scheduledfor the date and time below: Date: APR 1 3 202‘ Time; Q'OO m a.m. D pm. mfi';g‘"”‘mg”’“’" Temporary Restraining Order (CLETS-TCH) CH-110. Page 1 of6 Coauowpvocm.§§52'ew$2’9 (Civil Harassment Prevention) ‘9Whom Case Number: 21CH009875 To the Person ine: The court has granted the temporary orders checked as granted below. lfyou do not obey these orders, you can be arrested and charged m’th a crime. You may be sent to jail for up to one year, pay a fine of up to $1,000, or both. G) Personal Conduct Orders D NotRequested D Denied Untilthe Hearing a Granted as Follows. a You must not do the follo“ ing things to the person named 1n G) fl and to the other protected persons listed m ®z (1) 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) m Contact 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. (3) E Take 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) E Olhcr “pk Ufi) To the extent the personal conduct orders In this section conflict with any Family Court orders concemig custody visitatio. and/or exchange of th- minor protecte: person in 3) the Family Court orders shall control You must c x kg ”Jinn" -. xxz": M xkg xx fikkix fi'whx m Rx! xx I'.’x v a mm 21(ka Mum‘- -‘-“-‘.m $35 "xx ~ -b. Peaceful u. w tag u: d(fixxxx\cr a r a prcccss sen er 0r other person tor sen‘lce of legal papers related to a court case is allowed and does not \ iolau' this order. However, §ou may have your papers served by mail on the person inC‘D. ® Stay-Away Order D NotRequested D Denied Untilthe Hearing m Grantedas Follows: comply with all xx such Family Court Orders. 2L You must slay at least goo yards away from (check all (ha! appb'): (1) fl The person in G) (7) $ The place ofchild care oflhe children of (2) E Each person in® [he Person i"® (3) m The home of the person in CD (8) fl The vehicle ofthe person in ® (4) w The job or workplace of the person (9, m 0mg, (Spam) in® To the extent the stay-away orders In this section conflict with any Familyt Court orders conceminwammmwmmmummmmcflon (3). (5) E The school of the person in ® me Family Conn 9mg: 5hau mum Ygg mug; ggmply with an such Familx Court orders (6) m The school of the children of the person in (D b. 'Ihis stay-away order docs not prevent you from going to or from your home or place of employment. 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 gel guns, other firearms. or ammunition. b. You must: (l) Sell to or store with a licensed gun dealer, or tum in to a law enforcement agency, 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. R" W‘5-m‘9 Temporary Restraining Order (CLETS-TCH) CH-110. PageZof6 (Civil Harassment Prevention) 9 Case Number: 210H009875 (2) File a receipt with the coun within 48 hours ofreceiving this Order that proves that your guns or firearms have bccn lumcd in. sold, or stored. Won may mcfurm CH-SOU, Proof of 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 E Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in <1) is given the sole possession, carc. and control ohhc animals listed below. which are owned, possessed, leased, kept. or held by him or hcr, 0r reside in his or her household. (ldentifj‘ animals by. cg” {\‘pa’, 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. hann, 0r otherwise dispose of. the animals listed above. ® Other Orders m. NotRequested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders arc attached at the end of (his Urdcr on Atmclunent 9, To the Person inO : Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc entered into the Calit‘omiu 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-sen'ice fonn into CARPOS. b. $~ The clerk will transmit this Order and its proof-of-servicc form t0 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‘he Order and its proof-of-sen'ice form to the law enforcement agency listed below to enter into CARPOS: D Additional law enforcement agencies arc lustcd at Ihc cnd of this Order on Attachment l0. his is a Court Order m" m"”m Temporary Restraining Order (CLETS-TCH) CH-110- P8963“ (Civil Harassment Prevention) 9 Case Number: 21cH009875 11 No Fee to Serve (Notify) Restrained Person M Ordered D NotOrdered The Sheri fi'or marshal will serve this Order without charge bccausc: a. Q The Order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in @s entitled to a fcc waiver. Signed 2/24/2021 08 50 AM ® Number ofpagcs attachedtothisOrder, ifany: C2-24-2021 0V1 (7C (QU/L 0V1 Dale: Jw/W’ 0f?”“"’ CAROL OVERTON Warnings and Notices to the Restrained Person in9 You Cannot Have Guns or Firearms You cannot own, have, possess. buy 0r try Io buy. rcccixc 0r try tn rcccix'c. 0r otherwise get guns. other firearms. or ammunition while this Order is in effect [f(xou do‘ you can go to jail and pay a $1,000 fine. 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 stated in item (7:) above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order [f you have been personally served with this Temporary Restraining Order and form CH-l 09, Notice ofCourt Hearing, but you do not appear at the hearing either in person or by a lawyer. and a restraining order that is the same as this Temporary Restraining Order except for the expiration date is issued at the hearing. a copy of the order will be served on you by mail at lhc address in item®. [f this addrcss is not correct 0r you wish to verify that the Temporary Restraining Order was converted into a restraining order at thc hearing without substantive change, or to t'md out the dumtion of the order. contact the clerk ofthe court. After You Have Been Served With a Restraining Order ° Obey all the orders. ° Read form CH-lZO-INFO, How Can I Respond m a chucsrjbr Civil Harassment Restraining 0rdcr:?, to lcam how to respond to this Order. - lt’you want to rcspond, fill out form CH-IZO, Response (0 chm‘sljbr Civil Harassmem Restraining Orders, and file it with the coun clerk. You d0 n01 him: lo pay any fee to file your response ifthc Request claims that you inflicted or threatened violence against or stalked the person in®. - You must have form CII-120 served by mail 0n the person in (Dor that person‘s attomcy. You cannot do this yourself. The person who docs the mailing should complete and sign form CH-ZSO, Praly'ofSen'ice ofResponse by Mail. File the completed proofof service with the coun clerk before the hearing date or bring it with you to the hearing. - In addition to the response, you may filc and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form MC-030. Dccluran‘on, for this purposc. ll is available from [he clerk‘s office at the coun shown on page 1 of this form or at mm:courts.m.goxz/forms. If you do not know how to prepare a declaration, you should sec a lawyer. This is a Court Order. R"W ‘5' ”‘9 Temporary Restraining Order (CLETS-TCH) CH-"O. Page4of6 (Civil Harassment Prevention) ‘9 caseNuenycHgo 93 [5 ° Whether or not you file a response, you should attend t'nc hearing. Ifyou have any witnesses. they must also go to the hearing. ' At the hearing the judge can make restraining orders against you that last for up to five years. Tell the judge why you disagree with the orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by any law enforcement agency that has rcceiy'ed the order, is shown a copy of the order, or has verified its exismnce on the Calil‘Omia Restraining and Protective Orders System (CARPOS). If the law enforcement agency has not rcccivcd proofof service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations 0f this order are subject to criminal penalties. Start Date and End Date of Orders This order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in item G) on page l. Arrest Required if Order Is 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 arrest xhe restrained person. (Pen. Code, §§ 836(c)( I ), 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof 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 ofthe ProofofService 0r confirms that the ProofofSen'ice is on file; or ° The restrained person was informed of the order by an officer. An officer can obtain information about the contents of the order and proofof service in CARPOS. If proof of service on the restrained person cannot be verified, the agency must advise the restrained person of [he 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 0r consenting to contact with the restrained person. The order can be changed only by another coun order. (Pen. Code, § I371 O(b).) his is a Court Order Mm" ‘5- ”‘9 Temporary Restraining Order (CLETS-TCH) CH4”. Page 5 0f 6 (Civil Harassment Prevention) ‘9 Case Number: 210H009875 Conflicting Orders-Priorities for 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)): 1. EPO: If onc nr‘thc orders is an Emergency Protective Order (t‘onn EPO-OOI ) and is more rcstricxive than other restraining or protective orders, it has prcccdcncc in enforcement over all other orders. N0 Contact Onlvr: Ifthcrc is n0 FPO. a nn-comact ordcr that x5 included in a restraining 0r protective ordcr has precedence over any other restraining or pmtcctive order. . Criminal Order: If nonc of the orders includes a no contact order, a domestic violence protcctive order issued in a criminal case takcs 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. or Civil Order: lfmore than one family, jux cnilc. or other civil restraining or protective order has been issued. the one that was issued last must be enforced. 9‘) 'el (Clerk willfill our (his pan.) Clerk's Certificate --Clerk's Certificate- [WUU l certify that this Tumpnmrjv Rm‘rruining Order is a true and correct copy oflhe original on filc in thc coun. Date: Clerk. by . Deputy This is a Court Order R"mum Temporary Restraining Order (CLETS-TCH) CH-‘HO. Pageeofe (Civil Harassment Prevention)