Response Petition Civil Harassment Workplace ViolenceCal. Super. - 6th Dist.February 22, 2021Response to Request for Civil Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-100) . Read How Can [Respond to a Requestfor Civil Harassment Restraining Orders? (form CH-lZO-INFO) to protect your rights. ~ Fill out this form and take it to the court clerk. . Have someone age 18 or older-not you-serve the person in Cl) or his or her lawyer by mail with a copy of this form and any attached pages. (Useform CH-250, Proof of Service of Response by Mail.) Person Seeking Protection Full name O_f pepson seekin protection (seeform CH-100, item@): rmm ® Name: State Bar No.2 Firm Name: ILED APR 2 6 2021 F Fill in court name and stree! address: Person From WhoE Proteci'ién lg Squght a, Your Name: a Your Lawyer ifyou have onefor this case) Superior Court of California, County of Superior Court Civil Dlvlslon 191 N. Flrst Si San Jose, CA 95113 b. Your Address (Ifyou have a lawyer, give your lawyer '5 information. Ifyou d0 not have a lawyer and want to keep your home address private, you may give a dzflerent mailing address instead. You d0 not have to give telephone, fax, 0r e-mail.) Case Number: Z\ 0&an8175 Address: HM MUma AVE City: Statezm 2mm Telephone: Fax: E-mail Address: ® D Personal Conduct Orders a. D Iagree to the orders requested. b. do not agree to the orders requested. (Specifi/ why you disagree in item® on page 3.) Present your response and any opposition at the hearing. Write your hearing date, time, and place from form CH-109 item @here: Hearing Date If you were served with a Temporary Restraining Order, you must obey it until the hearing. At the hearing, the court may make orders against you that last for up to five years. 9 Date: Time: Room:Dept.: c. D I agree to the following orders (Specifiz below 0r in item® on page 3.) G) D Stay-Away Orders a. D Iagree to the orders requested. b.?I do not agree to the orders requested. (Specifiz why you disagree in item® on page 3.) c. D I agree to the following orders (specifi/ below or in item® 0n page 3): D Additional Protected Persons a. D I agree that the persons listed in item@of form CH-IOO may be protected by the order requested. b. F I do not agree that the persons listed in item @of form CH-lOO may be protected by the order requested. Judicial Council o! California. www counsca‘gov Revised January 1. 2018, Mandatory Form Code of Civil Procedure. §§ 527‘6 and 527,9 Response to Request for Civil Harassment Restraining Orders CH-120, Page 1 of4 9 (Civil Harassment Prevention) @ ® Case Number: 21C H oo 98:75 Guns or Other Firearms and Ammunition If you were served with form CH-l 10, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (See item® of form CH-l 10.) You must sell to or store with a licensed gun dealer, or turn in t0 a law enforcement agency, any guns or other firearms in your immediate possession or control within 24 hours of being served with form CH-l 10. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stored, for the receipt. a.E I do not own or control any guns or fireanns. b. D I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(0 because carrying a firearm is a condition ofmy employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Explain): D Check here ifthere is n0! enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write “Altachment 6b-Firearms Surrender Exemption ” as a title. You may useform MC-025, Attachment. c. D I have turned in my guns and fiream1s to the police or sold them to or stored them with a licensed gun dealer. A copy ofthe receipt D is attached. D has already been filed with the court. D Possession and Protection of Animals a. D [agree Io the orders requested. b. D I do not agree to the orders requested. (Specifi' whyyou disagree in item ® 0n page 3.) c. D I agree to the following orders (specifi' below 0r in item® on page 3): D Other Orders a. D Iagree lo the orders requested. b. EA do not agree to the orders requested. (Specifir why you disagree in item ® 0n page 3.) c. D l agree to the following orders (specifiz below or in item® on page 3): D Denial Idid not do anything described in item® of form CH-lOO. (Skip Io® .) Rmm’m'ym‘” Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 2 014 a Case Number: vaxoong/7s' D Justification or Excuse If I did some or all of the things that the person in (D has accused me of, my actions were justified or excused for the following reasons (explain): D Check here ifthere is not enough space belowforyour answer. Put your complete answer on (m attached sheet ofpaper and write “Attachment 10-Justificafi0n 0r Excuse " as a title. You may useform MC-025, Attachment. ® {Reasons l Do Not Agree to the Orders Requested Explain your answers to each order requested (ha! you d0 n0! agree with. D Check here [frhere is not enough space belowforyour answer. Putyour complete answer on an attached sheet ofpaper and write "Attachmen! II-Reasons I Disagree " as a title. You may useform MC-025, Attachment. Ravsed January 1. 201 8 Response to Request for Civil Harassment CH-120. Page 3014 Restraining Orders -> (Civil Harassment Prevention) M Gmall abrlna Martinez , u inn} Hg.2€fi6m5ulbtm. (no subject) 1 message ”°""“"26'2°2””2:”P” l am denying all accusations that are being brought up by Ms Barraza. Ms barraza is a parent to a child shared with my Husband Mr Martinez. They have an open family court case were Ms Barraza has to share visitation with Mr Martinez in which case she is not to happy about. Ms Barraza hates that she has to share custody with my husband, so she has tried to Pursue Family court (12-1-CP-020511) to have me stay away from the child which they have found no cause to keep me away. she had her father try and Pursue a restraining order against my husband “was denied". | am providing a conversation between Mr. Martinez and Ms Barraza on the day of 2-21-21 which Mr Martinez filed a Violation of court conduct on the same day (pink card provided) the same day that l supposedly Threatened her life. Ms Barraza has been rude and intrusive and does not have common decency. She is going to very lengthy attempts to make us the Martinez look bad so she can use that against Mr Martinez in family court. Since the last supposed threat last summer, there has been no communication in any way shape or form between Ms Barraza and l. there is no need until she understands that I am the step mother to the child she shares with my husband. we only want to Ensure a healthy relationship lifestyle for all our children. As for the photo that is not my Snapchat account no where in there is that me nor do I own or posses any firearms. Ms Barraza has stalked suppose accounts making to belong to me is crazy and absurd. | am providing photos to show that the child is happy when she is with us we are a big family!! Ms Barraza antics are now affecting our children that live in our home with all the stress she causes for being a miserable person. we have a 13yr that lives in our home who hears everything and she she now asking questions we have a 5yr old who watched as sheriffs knocked and sewed me papers this is departmental to our children all based off her lies and no actual facts or proof. Me Barraza has tried to run over our Neice when she was trying to serve her paper work before, Ms Barraza definitely needs some anger management classes.. Case Number: Z\ CH DILQSZS’ ® D No Fee for Filing a. . I request that I not be required to pay the filing fee because the person in®claims in form CH-lOO item ® to be entitled to free filing. b. U I request that I not be required to pay the filing fee because I am eligible for a fee waiver. (Form FW-001, Request to Waive Court Fees, must befiled separately.) ® D Lawyer's Fees and Costs a. D I ask the court to order payment of my D Lawyer’s fees D Court costs. The amounts requested are: 112m Amman hsm Amman $ $ $ S $ $ D Check here ifthere are more items. Put the items and amounts on the attached sheet ofpaper and write ”Attachment 13-Lauyer 's Fees and Costs ”for a title. You may use orform MC-025, Attachment. b. D I ask the court to deny the request of the person asking for protection that I pay his or her lawyer’s fees and costs. Number ofpages attached to this form, ifany: Date: } Lawyer S name (lfany) Lawyer's signature I declare under penalty of perjury under the laws ofthe State ofCalifomia that the information above and on all attachments is true and correct. Dare: y/zg/z/ Type 0r print your naée } Sign your name RewseaJ-nuaw 1.2018 Response to Request for Civil Harassment CH-120- Page 4 of4 Restraining Orders (Civil Harassment Prevention) 0 2/21/2021, 2.0? PM - pnscun barraza 2/21/2021, 2.03 PM you can obtain her medical info by calling kaiser . her pants fit her fine o 2/21/2021, 2.04 PM - Alex Mamnez 2/21/2021, 2.07 PM idont need reminders. you have clothes‘ for her at your place, great you were «Auinnr‘ §n An on kn {'Hn 3| Irlnn I hnun @J > . ,. .. l.) 17-4 ( Messages ' Visit 2/21/21 idont need reminders. you have clothes for her at your place, great you were adviced to do so by the judge. l have Q clothes for her at home that fit her perfectly fine, end of discussion. 0 2/21/2021, 2209 PM - Alex Martinez 2/91/70” "fOQ PM So then you were only being nice because {s Day and needed me}to ‘public havmg breakfast 0 2/27‘2021, 2:03 PM :nscila barraza 2' “’1 2021 2 10 PM Was not advised by a judge Buying fitted ciothes what a parent does ' cléthés Wha‘t a parent d'oesfi ‘ 0 2/21/2021. 2:11 PM ~ pnscila ban‘aza 2/21/2021, 2111 PM she was out having breakfast? how do u know? do u have proof? staiker! you exposed her to the elderly women who had covid. i took necesary steps to keep her safe, followed dr orders and got her tested. 0 2/21/2021, 2:12 PM - Alex Martinez ?/21/20?1 7 15 PM I do have proof Ms barraza of my child out mothers, not two Weeks or a month later o 2/21/2021, 2:15 PM - priscila bauaza 2/21/2021, 2318 PM ofcourse you have proof because you stay stalking my fiances paage as well as my business page.you need mental help. you are recording aiyana when we were told by a judge to not question her? ok great thanks for admitting and violating this current order. Will be dealt with in Contra costa. o 2/21/2021, 2:19 PM - Alex Martinez 2/21/2021 2'19 PM From ber_e on out l will not accommodate ‘ . 'I’O PM can contact welfare O 2/21/2021, 2124 PM px'ésula barraza 2/21/20?1, 2:25 PM @J > < Message; VISIt 2/21/21 O 2/21/2021, 2:24 DM priscila barraza //?1/?071 ? )5 PM support know of Is a crime. e 2/2'UZO21, 2:26 PM - priscila barraza 2/21l2021, 2126 PM say whatever you want! pay your debt} ‘ o 2/21/2021, 2:26 PM - Alex Maninez 2121/2021, 2:27 PM having a business page doesnt mean ‘ . theres an income w it! o 2/21/2021, 2:27 PM ’ Alex Martinez 2/71/2071, ?:?7 PM If you weren't such a liar l wouldn’t have such a bigtchild support debt e 2/21/2021, 2:27 PM - priscila barraza 2/21/2021, 2227 PM now stop messaging me. be on time and o do your job! - 2/21/2021. 2128 PM if u were a real father you wouldnt . have debt. o 2/21/2021, 2:28 PM - Alex Martinez 2/21/2021, 2:31 pM Violation of how You are s eakin to me 0 2/21/2021, 2:33 PM - priscila barraza 2/21/2021, 234 PM ' good day alejandro!! o 2/21/2021, 2:34 9M - Alex Martinez 2/21/2021, 2135 PM ‘ f‘ 5‘ PH You're a little tactics do not gét to me inst so that you know that l am happily married 0 2/21/2021, 2'35 PM » priscila barraza 2/21/2021, 2237 PM great! who cares about your marriage! its ¢ garbage! she beats u up, keep smoking O meth w her! leave me alone stalker! o 2/21/2021, 2:37 PM - Alex Martinez 7/271; ' 210? 9 A} PM Hahahah coming from somebody of the likes of you!! ~ ~ A. II--‘v‘.._ ‘ ‘2 jig”... «awamfw , ‘- < MeSsages Visit 2/21/21 o 8' ‘Hahza’lzwé'h‘ céifig .flto‘rfi Somebday of thé I likes of you!! o 2121/2021, 2142 PM - priscila barraza 2/21/2021, 2’43 PM are u currently under the infuence of drugs? your behavior seems aggressive l . dont feel my daughter is safe under your care. 2/21/2021, 2347 PM in addition you are texting these lenghty messages while driving from los bafios to san jose with a minor in your vehicle. putting Aiyanas life at risk?! o 2/21/2021, 2:50 PM - Alex Martinez ?/?1/?O."T .” 5')! PM reques , U 5 classés o 2/21/2021, 4,05 PM ~ prnscila barraza 2/21/2021, 4:05 pM . why did aiyanas items not returned w her? 9 O 2/21/2021, 4:05 PM - Alex Martinez 2/21/2021, 4306 PM . . < Messages Visit 2/21/21 :‘-,':L'1:"-::::<’=, A m1 W you are responsible for making sure she brings back what she takes. When are you , ' returning them or will i need to have a puinc stand by? o 2/21/2021, 4:06 PM - Alex Martinez 2/22/2021, 7.24 pM its been 24 hrs and you have not , answered. Are Aiyanas items returning or 9 do I need a police stand by? 0 2/22/2021, 7:28 PM - Alex Martinez 2/22/2021, 7‘38 PM F9599.“ t0 an WI public stand by? o 2/21/2021, 4106 PM ‘ Alex Martinez 2/22/2021. 7224 PM its been 24 hrs and you have not O answered. Are Aiyanas items returning or . dol need a police stand by? a 2/22/2021, 7128 PM - Alex Martinez 9/2200?! 7:38 PM I do not need _to respond to a_ny of .these End of discussmnl! 0 2/22/2021, 7:42 PM - ptiscila barraza @J > W“ r‘~-+'T‘:r"j* '-~- ~ ' - ~ . - .m a- «p:WIMPgLIOEngMENT mcmENTcmtEnalkhlsplflhm ., - ‘_, ‘ Opemiana/i SuppoflflServices Division- Recoyau it 201 W. Mission SL SanJosa. CAQSflO * “.y fl 1 -CASE NUMBER 2/ ‘QZET DATE:TYPE OF GNC1DENT 1%EPORT TAKEN.‘ OFFICERIBADGE 8 ; 2M PHONE :3 ; INSTRUCTIONS: N you are a nma victim you WM need Hus micrmauon for your contact mm lhe San Jose Police Departmem V‘yourinsurance repcn and tax purposes \fisil our website alwww 5m org (or more Information about obtaming a copy or '- ,‘.immary o! a po' ice report To supply addm‘onal Informauon coneemmg suspects. witnesses or vucums. contact the San Jose q. 95folica Depanmem Now Emergency Lme (3H) ‘ n aTo mover property collected for u(akoeplng. comact me Propeny Warehouse (2774268) lo claim your properly. NOTEI' ‘3'Property no! (:(aimed wslhm 90 days m” become the property 01 the Cvty o! San Jose and wm be recyded. auctioned donamd.:w RAdisposed o! as rcluse To mcovor property located within a vehicle which has boon towed. the registered owner of me rowed vehicle must conmam8 tow company Contact the San Jose Pouce Depanment Non Emergency Lme (31 1) for a cyv‘n standby if issues arise during-me propefly recovery process INSTRUCCIONES. SI usled fue una vrcnm de un crimen. necesila el numero de repone (escrlto amba) cuando se comunlqumfiyiz x ‘ 01 Departmenlo de Poms y para sus seguvos o impueslos La paglna webwww Sm a_gjes exphcara come obtener informa ia su reponc. Para dar Informacmn amcnonal con respedo a su casoirepone (lame ai Depadmemo de Pozida de San José a) {553 (t_umero 3H ATENCION Sv ta panoa Ies retire prop‘edad por segundad [lame al almacén de la panda a! numero 405~27742®m reclamav su propiedad Prcpledad que no se redarne antes de 90 dvas sera dxspuesta Para reoojer propiedad que fuel ii: m on carro que rue remofcado. e! duefio regrsirado del mrm Gabe que contama la compania de termiw Llama Ia "nee fled A q I. Order on Request to Continue Hearing Complete ilcms® and® only. Q) Protected Party: Miguel Angel Barraza ® Restrained Party: Alex Jacob Maninez ® Next Court Date The court will complete the rest of this form a. D The request to reschedule the coun date is denied. Your court date is: (l) Any Temporary Restraining Order (form CH-l 10) already granted stays in full force and effect until the next court date. (2) Your court date is not rescheduled because: Clerk stamps date here when form is filed. FIL E 061202020 Fill in court name and street address: Superior Court of California. County of Santa Clara Civil Division 191 N. First Street San Jose, CA 951 13 Fill in case number: Case Number: 20CH009560 b. E The request to reschedule the coun date is granted. Your court date is rescheduled for the day and time listed below. See@-. for more information. Name and address ofcourt, if different from above: New Date: court De t . Date p " IL/(Y/LO Time; 730‘) 4 Room: G) Temporary Restraining Order a. D There is no Temporary Restraining Order (TRO) in this case until the next court date bccauseE.‘ (1) D A TRO was not previously granted by the court. (2) D The court terminates (cancels) the previously granted TRO because: fl b. E A Temporary Restraining Order (TRO) is still in full force and effect because: warning and Notice to (l) E The court extends the TRO previously granted on (date): Segtember 14, 2020 the ReStrained Party: It now expires on (date): (Ifno date is listed, the TRO expires at the end 0fthe court date listed in 3b.) (2) D The court changes the TRO previously granted and signs a new TRO (form CH-l 10). c. D Other (specifil): 1r® b is checked, a civil harassment restraining order has been issued against you. You must follow the orders until they expire. Jami Council o! California. www courts ca gov Rewsed January 1. 2020. Mandatory Form Code o! CMI Procedure. §§ 527‘6 and 527 9 This is a Court Order. Order on Request to Continue Hearing CH-116, Page 1 ofa (Temporary Restraining Order) (CLETS-TCH) 9 (Civil Harassment Prevention) «7w -. ® Reason Court Date ls Rescheduled AE There is good cause to reschedule the court date (check one): (l) E The protected pany has not served the restrained party. (2) D Other: Case Number: 20CH009560 b.D This is the first time that the restrained party has asked for more time to prepare. QB The court reschedules the court date on its own motion. © Serving (Giving) Order to Other Party The request to reschedule was made by the: a. E Protected party (1) D You do not have to serve the restrained party because they or their lawyer were at the court date or agreed to reschedule the court date. (2) E You must have the restrained party personally served with a copy 0f this order and a copy of all documents listed on formw, item @, by (date): 5 days prior to hearing (3) D You must have the restrained party served with a copy of this order. This can be done by mail. You must serve by (date): 2 days from filing (4) D Other: Revised January L 2020 b. D Restrained party (”D You do not have to serve the protected party because they or their lawyer were at the court date or agreed to reschedule the court date. (2)D You must have the protected party personally sewed with a copy of this order by (date):_ (3)D You must have the protected party served with a copy of this order. This can be done by mail. You must serve by (date): (4) D Other: This is a Court Order. Order on Request to Continue Hearing (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) c. D Court (1)D Further notice is not required. (2)D The coun will mail a copy of this order to all parties by (date): (3)D Other: ‘1. CH-116, Page 2 of 3 9 i J J. J‘ 3" Case Number: 20CH009560 ® No Fee to Serve (Notify) Restrained Person E] Ordered D Not Ordered The Sheri ff or marshal will serve this order for free because: a. E The order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in (D is entitled t0 a fee waiver. D Other Orders Date:October 20, 2020 9A, , Judicial Officer u . ,- I('ommsz/Me/gfit éznm Request for Accommodations Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter services are available if you ask at least five days before the hearing. Contact the clerk’s office or go to www.couns.ca.gov/forms.htm for Requestfor Accommodations by Persons With Disabilities and Response (form MC-410). (Civ. Code, § 54.8.) Instructions to Clerk If the hearing is rescheduled and the court extended, modified, or terminated a temporary restraining order, then the court must enter this order into CLETS or send this order to law enforcement t0 enter into CLETS. This must be done within one business day from the day the order is made. -Clerk's Certificate- Clerk's Certificate I certify that this Order 0n Request to Continue Hearing (Temporary Restraining [ l] Order) (CLETS-TCH) is a true and correct copy of the original on file in the court. sea THE FOREGO|NG INSTRUMENTugte:AW OOPY 0F THE ORIGI ON FILE IN THIS OFFlCE Clerk, by , Deputy AOCISOM Order on Request to Continue Hearing CH-116. Page3of3 (Temporary Restraining Order) (CLETS-TCH) (Civil Harassment Prevention) Remsed January 1. 2020 ‘ i How Can l Respond to a Request for CH'120'INFO Civil Harassment Restraining Orders? How long does the order last? If the court issued a temporary restraining order before the hearing, it will last until your hearing date. At that time, the court will decide to continue or cancel the order. Any order issued at the hearing can last for up to five years. Do | need a lawyer? Having a lawyer is always a good idea, but it is not required, and you are not entitled to a free court- appointed attorney. Ask the court clerk about free and low-cost legal services and self-help centers in your county. Will I see the person who asked for the order at the court hearing? Yes. Assume that the person who is asking for the order will attend the hearing. Do not talk to him or her unless the judge or that person’s attorney says that you can. Can | bring a witness to the court hearing? Yes. You can bring witnesses or documents that support your case to the hearing. But ifpossible‘ you should also bring the witnesses‘ written statements of what they saw or heard. Their statements must be made under penalty ofpetjury. You can use Form MC-O3O for this. For help in your area, contact: [Local information may be inserted] What if | don't speak English? When you file your papers, ask the clerk ifa court interpreter is available. You may have to pay a fee for the interpreter. If an interpreter is not available for your court date, bring someone to interpret for you. You should ask someone age l8 or older t0 interpret for you. What if I have a gun? If a restraining order is issued, you cannot own, possess, or have a gun, other firearm, 0r ammunition while the order is in effect. Ifyou have a gun 0r other firearm in your immediate possession 0r control, you must sell it to or store it with a licensed gun dealer, 0r rum it in to a law enforcement agency. Can I agree with the protected person to cancel the order? No. Once the order is issued, only thejudge can change or cancel it. You or the protected person would have to file a request with the court to cancel the order. What if | am deaf or hard of hearing? Assistive listening systems, computer- assistcd real-time captioning, or sign language interpreter services are available if you ask at least five court days before the hearing. Contact the clerk's office 0r g0 to www.courts. ca.g0v/fotms for Request for Accommodations by Persons with Disabilities and Response (Form MC-410). (Civ. Code, § 54.8.) Revised July 1. 2014 How Can l Respond to a Request for Civil CH-120-INFO. Page 2 of 2 Harassment Restraining Orders (Civil Harassment Prevention) ./_ Response to Request for Civil Harassment Restraining Orders Clerk stamps date here when form is filed. Use this form to respond to the Request (form CH-100) . Read llmr (qu [Respond m u chucslfln‘ Civil Harassment Restraining Orders? (form CH-lZO-INFO) t0 protect your rights. - Fill out this form and take it to the court clerk. . Have someone age 18 or older-not you-serve the person in CD or his or her lawyer by mail with a copy of this form and any attached pages. (Usefbrm CH-250, Proofof Service of Response by Mail.) Person Seeking Protection Full name ofpcrson seeking protection (seafarm CH-100, irem®); Fill in court name and street address: Superior Court of California. County of ® Person From Whom Protection ls Sought a, Your Name: Your Lawyer ({fyou hare 0nejbr this (use) Name: State Bar No.1 Firm Name: b. Your Address (lfyou have a Iauj'er, giwyour lawyer '5 information. lfyou d0 no! have a Iauyer and wan! to keep your home address case Number: primle, you may give a déflercnt mailing address instead. You do no! have to give telephone. far. 0r e-mail.) Address: City: State: Zip: Telephone: Fax: E-mail Address: ® D Personal Conduct Orders a. D l agree t0 the orders requested. b. D l do not agree to the orders requested. (Specifi' why you disagree in item® 0n page 3.) Present your response and any opposition at the hearing. Write your hearing date, time, and place from form CH- l 09 item© here: Hearing 9 Date:_- Tune:- Date Dept.: Room: lfyou were served with a Temporary Restraining Order, you must obey it until the hearing. At the hearing, the coun may make orders against you that last for up t0 five years. c. D I agree to the following orders (Specify below 0r in item® 0n page 3.) Q) D Stay-Away Orders a. D [agree to the orders requested. b. D I do not agree to the orders requested. (Specify why you disagree in item® on page 3.) c. D [agree to the following orders (specify below or in item® onpage 3): D Additional Protected Persons a. D I agree that the persons listed in item®of form CH-lOO may be protected by the order requested. b. D I do not agree that the persons listed in item ©of form CH-IOO may be protected by the order requested. Judéaal Council cl Cahfomxa, www nouns ca gov Revvsed January 1, 2018. Mandatory Form Code o! Civvl Procoduve. §§ 527 6 and 527 9 Response to Request for Civil Harassment Restraining Orders 9 CH-120, Page 1 of 4 (Civil Harassment Prevention) Case Number: ® Guns or Other Firearms and Ammunition If you were served with form Cll-l 10, Temporary Restraining Order, you cannot own or possess any guns, other firearms, or ammunition. (Sec item CI) of form CH-l 10.) You must 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 within 24 hours 0f being served with form CH-l 10. You must file a receipt with the court. You may use form CH-800, ProofofFirearms Turned In, Sold or Stored, for the receipt. a. D I do not own or control any guns or firearms. b. U I ask for an exemption from the firearms prohibition under Code of Civil Procedure section 527.9(f) because carrying a firearm is a condition ofmy employment, and my employer is unable to reassign me to another position where a firearm is unnecessary. (Explain): D Check here ifthere is no! enough space belowforyour answer. Pu! your complete answer 0n an attached sheet ofpaper and write “Attachment 6b-Firearms Surrender Exemption " as a title. You may useform M0025, Attachment. c. D I have turned in my guns and firearms t0 the police or sold them to 0r stored them with a licensed gun dealer. A copy ofthe receipt D is attached. D has already been filed with the court. ® D Possession and Protection of Animals a. D I agree t0 the orders requested. b. D I do not agree to the orders requested. (Specifi' u'}1_\',1'0u disagree in item ® 0n page 3.) c. D I agree lo the following orders (spccijj' below 0r in item® on page 3): D Other Orders a. D Iagree to the orders requested. b. D I do not agree to the orders requested. (Specifv whyyou disagree in item® 0n page 3.) c. D I agree to the following orders (specifi' below or in item® on page 3): D Denial I did not do anything described in item® of fonn CH-IOO. (Skip t0® .) R-vistanuaW‘-2°‘a Response to Request for Civil Harassment CH-120. PageZoN Restraining Orders . 9 (Civil Harassment Prevention) Case Number: D Justification or Excuse IfI did some or all ofthe things that the person in® has accused me of, my actions werejustified or excused for the following reasons (explain): D Check here ifthere is not enough space belowforyour answer. Put your complete answer on an attached sheet ofpaper and write "Anachmcm IO-Justification or Excuse " as a title. You may useform MC-025, Attachment ® D Reasons I Do Not Agree to the Orders Requested Explain your answers r0 each order requested that you d0 n0! agree with. D Check here ifthere is I10! enough space belowfor your anxwer. Putyour complete answer on an attached sheet ofpaper and write “Attachment Il-Reasons I Disagree " as a mic. You may useform MC-025. Attachment. RWJ‘"WY“2°” Response to Request for Civil Harassment Restraining Orders (Civil Harassment Prevention) CH-120, Page 3 of49 QFSpMUM How Can I Respond to a Request for CH'120'INF0 Civil Harassment Restraining Orders? What is a civil harassment restraining order? h is a court order that prohibits you from doing certain things and going to certain places. What does the order do? The court can order you to: ' Not contact the person who asked for the order ' Stay away from that person and the person's home and workplace ° Not have any guns as long as the order is in effect Who can ask for a civil harassment restraining order? A person who is worried about safety because he or she r has been or is being: ° Stalked ' Harassed ' Assaulted, including sexually, 0r ' Threatened with violence I've been served with a request for civil harassment restraining orders. What do l do now? Read the papers served on you very carefully. The Notice ofCour! Hearing tells you when to appear in court. There may also bc a Temporary Restraining Order forbidding you from doing certain things. You must obey the order until the hearing. What if l don't obey the order? The police can arrest you. You can go Io jail and pay a fine. What if l don't agree with what the order says? You still must obey the order until the hearing. Ifyou disagree with the orders the person is asking for, fill out Form CH-IZO, Response t0 Requestfor Civil Harassment Restraining Orders, before your hearing date and file it with thc court. Ifyou need to include attachments, you can use Form MC-OZS. You can get the forms from legal publishers or 0n the lntemet at wmv.courts.ca.g0v. You also may be able t0 find them at your local courthouse or county law library. CH-1 09 Notice o! Court Heating Do I have to serve the other person with a copy of my response? Yes. Have someone age l8 or older-not you-mail a copy of completed Form CH-120 to the person who asked for the order (or that person‘s lawyer). (This is called “service by mail.") The person who serves the fonn by mail must fill out Form CH-ZSO, ProofofSen'ice ofResponse by Mail. Have the person who did the mailing sign the original. Take the completed fonn back I0 the court clerk or bring it with you to the hearing. Should l go to the court hearing? Yes. You should go t0 court on the date listed on Form CH- I 09, Norice ofCour! Hearing. ‘you do not g0 to the hearing, thcjudge can make o ers against you without hearing from you. cmwam-ummch- ‘ Person Seeking onudton ’ , ‘mmzulnwe (3 Nollcc o! Hearing \mu Inna v.1 mu mm w ' t xm. mm hm: Suu- II. \ Pum\.un< 1 \nw mum ,{rmhnr I'v- -v u y" \w Ju «1 v'me [vmw- m. nn- g: r, Immm :mlrkp/mz ”u ‘ .. m \Jdmu (‘ux hm“. F-kbll Addlcu W ‘ u-ww-uu-mmm ' ‘ "“"m‘ "m 4“ "‘ SW can uvculoma. cum o1 :MD-u-nm-mmmu f .um mil.nmm m: mu 1%” awn Full Xam: Hum. 1m.- W rm ' - ‘ ' 7 D‘" [xpt Rmm i " ' " >4 Iamponry Raslnmlng Omers . Mr 1-.Imxrmm1 an m Pam :‘rl H0 mm] wlh vhu numl a lempmm Rmmmn! Hulm (u: pmnml mulml mlday-awn nulm u rcqucued m Faun r’H-lm. Fe.p.¢xI/-m l‘ml.”.v umwu Ran mung ordan. u:nu ad» am 5n Kabul 4h ' \llfilL‘TED-nud'h::o~1hcmng (.‘I W \ll DENWm DH m: .mn km»! IS,“ fl rrmam 171 .hnu.’ n P km.“ Nu l’uux CR\VTH) nJ partly DENIII) mI-l 0w :uun bx. mg .Ikap 'auum‘fu Jmu/ m b. x14»! Noun olCourl Heanng Cu-Invunn [CHI“mumm1 _, Judicial Councd o! Cahlomla. www.oourls cagov Rawsod July 1, 2014, Opuonal Form Code of CMI Procedue. § 527 6 How Can | Respond to a Request for Civil Harassment Restraining Orders 9 CH-120-INFO. Page 1 of2 (Civil Harassment Prevention) Case Number: ® D No Fee for Filing a. D I request that I not be required to pay the filing fee because the person in®claims in form CH-IOO item ® to be entitled to free filing. b. D I request that I not be required t0 pay the filing fee because I am eligible for a fee waiver. (Form FW-OOI, Request lo Waive Court Fees, mus! befiled separarely.) D Lawyer's Fees and Costs a, D I ask the court t0 order payment ofmy D Lawyer‘s fees D Conn cosm The amounts requested are: 1mm Amman 1mm Amman $ S $ $ $ $ D Check here ifthere are more items. Put the items and amounts 0n (he attached sheet ofpaper and write ”Attachment 13-Lauyer's Fees and Costs "for a rifle. You may use orform MC-025. Attachment. b. D I ask the court to deny the request of the person asking for protection that I pay his or her lawyer‘s fees and costs. Number of pages attached to this form, if any: Date: > 140“?” 5 name (U any) Lawyer ’s signalure 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: Type or printyour name Sign your name RamseaJanuarymow Response to Request for Civil Harassment CH-120. P3964 of4 Restraining Orders (Civil Harassment Prevention) CH -1 1 0 i. Temporary Restraining order dark stamps date hora when form is mad. Filed Parson in® must complete items®, ®. and© only. september 14, 2020 Protected Person Clerk 9f the court n. Your Full Name: Lian“ Ingflhm ggfiigagfcsoggttgfcfga Your Lawyer (ifyou have anefor (his case): ZOCHOOQSGO Name: State Bar No.: By: msorum Firm Name: b. Your Address (Ifyou have a lawyer, giveyour Iauyer's injbrmation. (fyou do not have a Iauyer and wan! lo keepyour home address fill In commune and street address: private, you may give a dxflerent mailing address instead. You do no! Superior Court of California. County o! have to give telephone, fax, or e-mail.): Santa Clara Address: I 6.“ Fucking“ Ave Santa Clara Supen'or Court City: I CA San 1°88 3m“ LA. ZiP‘ _9_5L I91 Noun Firs:Sm: Telephone: 403.196.9495 Fax: San Jose, CA 951 l3 E-Mail Address: migue1b1@comusg_ncg ooun mzs In case number when form Is med. ® Restrained Person caseéu‘fiecH 0 0 9 5 6 0]Full Name: 61g lamb Mani“: Description. Sex: M D F Height: 5'10" Weight: ' 350 lbs. Date ofBirth: 4/30/1987 Hair Color: Brown Eye Color: 3mm Age:L Race: Hkmidufino Home Address (Iflmown): 5098 joscph 1n City: saniosc State: CA le' 951 18 Relationship to Protected Person: Md dang“; dad E Additional Protected Persons In addition to thc person named in ®, thc following family or household members of that person are protected by the temporary orders indicated below: Full Name S_c5 Age Household Member? Relation to Protected Person Jesus Antonin Married F 58 Yes D No SpousdDomcsticPamu' Pablo Antonio Baum M i E Yes U No Child ' [_‘ Yes D No J__ ] Yes D No t | Check here ij'lhere are additionalpersons. List them an an attached sheet ofpaper and write "Anachment 3-- Additz’onal Protected Persons" as a title. You may useform M0025, Attachment. The court will complete the rest oflhisform. EXpiration Date \ This Order expires at the end afthe hearing schéduledfor ‘the date and time below.- Datc: [Q -Z_Q-'ZO Time: q r DO m am. U pm; , ( This is a Court Order. mfi;wf“flm Temporary Restraining Order (CLETS-TCH) CH4“. Peso 1 0'6 macmnwumssmsmsm (CM! Harassment Prevention) ‘5mumboJ °§°fififinn©560 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 may be sent to jail for up to one year, pay a fine of up to $1,000, or both. Personal Conduct Orders D Not Requested D Denied Untilthe Hearing m Granted as Follows: a. You must not do the following things to the person named in® E and to the other protected persons listed in ®= (l) 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) Contact the person, either directly or indirectly, in any way, including, but not limited to, in petson, by telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax, or by other electonic means. (3) Take any action to obtain the person’s address or location. Ifthis item (3) is not checkcd, the court has found good cause not to make this order. (4) D Other (specfi): D Other personal conduct orders arc attached at the end of this Order on Attachment 5a(4). b. Peacefixl written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and docs not violate this order. However, you may have your papers sewed by mail on the person in®. © Stay-Away OrderD Not Requested D Denied Until the Hearing m Granted as Follows: n. You must stay at least 300 yards aWay fiom (check all that apply).- (l) The person in® (7) D The place ofchild care ofthe children of (2) Each person in© the person in® (3) The home ofthe person in® (8) The vehicle ofthe person in ® (4) The job or workplace ofthc person (9) U Other (Spam): in® (5) D The school ofthe pmon in ® - (6) U The school ofthe children ofthc person in b. This stay-away order does not prevent you fiom going to or fiom your home or place ofemploymcnt. ® No Guns or Other Firearms and Ammunitiona You cannot own, possess, have, buy 6r uy to buy, receive or try to receive, or in any other way get guns, other fireaxms, 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 ofbeing served with this Order. This is a Court Order. Temporary Restraining Order (CLETS-TCH) °H-110. Page 2°! 6 (Civil Harassment Prevention) ‘9 MJAudItEJn‘II . rs °%fi@fi-UUVEéw (2) File a receipt with the coun within 48 hours of receiving this Order that proves that your guns or fircanns have been turned in, sold, or stored. (You may useform CH-800. Proof ofFirearms Turned In, Sold, or Stodeor the receipt.) c. D The court has received information that you own or possess a firearm. Possession and Protection of Animals N Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. U Thc 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 hcx' household. (Identify animals by, e.g.. vpe. breed, name, color. sac) 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 Not Requested D Denied Until the Hearing D Granted as Follows (specify): I ask thejudge lo please evaluate the mental state ofAlcx Maniac: D Additional orders are attached at the end of this Order on Attachment 9. 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 California Law Enforcement Telecommunications System (CLE'I‘S). (Check one): a. D The clerk will cuter this Order and its proof-of-scrvicc form into CARPOS. b. The clerk will transmit this Order and its proof-of-scrvicc form to a law enforcement agency to be entered into CARPOS. c. U By the close of business on the datc that this Order is made, tho person in® or his or hcr lawyer should deliver a copy ofthe Order and its proof-otiservice form to the law enforcement agency listed below to enter into CARPOS: Nam; 9fLaw Enf‘grccmgm Agengx. a A ‘ ddr i D Additional law enforcement agencies arc listed at the end of this Order on Attachment 10. This is a Court Order. MW“'W" Temporary Restraining Order (CLETS-TCH) 33'1“. 999° 3 °‘ 3 (Civil Harassment Prevention) '9 “W“ nn * No Fee to Serve (Notify) Restrained Person Ordered D Not Ordered The sherifi'or marshal will serve this Order without charge because: a. The Order is based on unlawful violence, a credible threat of violence, or stalhng. b. D The person in @s entitled to a fee waiver. Sgned: 9110/2020 03:26 PM Number ofpages attached to this Order, if any: 1@ COutaé Cmtfm Date: 9-1 0-2020 Judicial Oflicer Warnings a'nd Notices to the Restrained Person in 9 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. Ifyou do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dca1er, 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. Notice Regarding Nonappearance at Hearing and Service of Order Ifyou 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 Restmining Order except for the expiration date is issued at thc hearing, a copy of the order will be served on you by mail at the address in item® . If this 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 of the order, contact the clcrk of the court. After You Have Been Served With a Restraining Order 0 Obey a1) the orders. ° Read form CH-lZO-INFO, How Can IRespond to a Requestfor Civil Harassment Restraining 0rders?. to learn how to respond to this Order. ' Ifyou want to respond, fill out form CH-IZO, Response (a Requestfar Civil Harassment Restraining Orders, 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-120 served by mail on the person in ®or that person’s attorney. You cannot do this yourself. The pcxson who does the mailing should complete and sign form CH-250, ProofofService ofRespam-e by Mail. File the completed proof of service with the court clerk before the hearing date or bring it with you to the hearing. - In addition to the response. you may file and ve declarations served, signed by you and other pmons who have personal knowledge of the facts. You may use rm MC-030 Declaration, for this purpose. It'xs available from the clerk’s ofi‘lce at the coun shown on page l ofthis form or at www.courts.ca.gov/forms. Ifyou do not know how to prepare a declaration, you should see a lawyer. - This is a Court Order. MMm" Temporary Restraining Order (CLETS-TCH) cn-«o, Page 4 om (Clvll Harassment Prevention) '9 '4 Cass Number: Lg n ”.L’mm EAW ' Whether or not you file a response, you should attend the heating. Ifyou have any witnesses, they must also go to the hearing. ' At the hating, thejudge can make restraining orders against you that last for up to five years. Tell thejudge why you disagree with the orders mquested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by any law enforcement agency that has received the order, is shown a copy ofthe order, or has verified its existence on the California Restraining and Protective 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 terms of the order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order start: on the date next to the judge‘s signature on page 4. The order ends on the expiration date in item © on page l. Arrest Required if Order ls Violated If an officer has probable cause to believe that the rcstmined person had notice of the order and has diSObeyed the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 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. NoticeIProof of Service The law enforcement agency must first de‘crmine if the muained person had notice of the order. Consider the restrained _ person “served" (given notice) if (Pen. Code, § 836(c)(2)): ' The omccr sew a copy of the Proof of Service or confirms that the Proofof Service is on file; or - The remained person was informed ofthe order by an ofiicer. An officer can obtain information about the contents of the order and proof of service in CARPOS. prroofofservice on the restrained person cannot be verified, the agency must advise the restrained person of the terms of the order and then enforce it. If the Protected Person Contacts theWstralned Person Even if the protected person invita or cements to cannot with the restrained person, this order remains in efi'ect and must be enforced. The protected person cannpt be arrested for infifing or consenting to contact with the restrained person. The ’ order can be changed only by another court order. (Pen Code, § 137100).) /‘§ - \ This is a Court Order. “mm” Temporary Restraining Order (CLETS-TCH) 6H4“- Pacosolfi (Civil Harassment Prevention) '9
