Stipulation and Order Non Clets Restraining OrderCal. Super. - 6th Dist.February 22, 2021ATTACHMENT CV-5058 ATTORNEY 0R PARTY WITHOUT AWORNEY (NAME AND ADDRESS) TELEPHONE NUMBER: FOR counr uss o~Lv ATrORNEY FOR (Name): SUPERIOR COURT 0F CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE: San José. California 95113 BRANCH NAME: PETITIONER: Valeria Martinez, John Martinez RESPONDENT: Mariana Huerta-Aceves OTHER PARTY: STIPULATION AND ORDER CASE NUMBER= 21 CH009871. 76 D Modification DEPARTMENT: 4 1. D Not based on a hearing E Today’s Hearing (date) 04432021 2. Judge: Erik Johnson 3. PartieslAttorneys: M Petitioner present in court D Petitioner's attorney present: E Respondent present in court D Respondent’s attorney present: D Other party present in court D Other party's attorney present: Do not use this form for Civil Harassment Restraining Order after Hearing. Those orders must be made on form CH-130. In addition, do not use this form for Continuance and Reissuance. Those orders must be made on form CH-116. 4. The parties agree that the Court will make orders about the following items: Other orders: E See Attachment D Not Applicable Attorney's fees and costs: D See Attachment D Not Applicable / Petitioner M Respondent'M cv-sosa REV 02/10/12 STIPULATION AND ORDER Page 1 otz ATTACHMENT CV-5058 PETITIONER: Valeria Martinez, John Martinez CASE NUMBER: RESPONDENT; Mariana Huerta-Aceves 21CH009871! 76 We have read this entire Stipulation and Order, including all Attachments. We understand it fully and ask that the Court make our stipulation the Court's orders. We give up the right to all further notice of this order. 4W. 7/21mm // F’etitionér Date: D Attorney for Petitioner (3 Daterq“l'3‘ Z/l MDLNPMLCL‘ELUQ/‘M g. Respondent Date: U Attorney for Respondent Date: D Other party: Date: D Attorney for Other party: Interpreter Witness Declaration E InterpreterzThe D Petitioner ‘ Respondent D Otherpartyis unabletoread orunderstandthis Stipulation and Order and its attach ents because: a. E his/herprimarylanguageis(specify): §/,¢W/%/7Z b. D other (specify): r I certify under penalty of perjury under the laws of the State of California that [ have, to the best of my ability, read or translated for the D Petitioner D Respondent E Other party this Stipulation and Order including all attachments. He or she said they understood this Stipulation and Order and its attachments before signing them. VW/fl/Z/ ”?flvmfiflZ4 //fl Date ' lnterpVyfers printed name fierpretergfls s: ure ORDER The Court approves the terms stipulated and agreed to by the parties in this document and makes them court 2:)an @a JudICIaI Officer of the Superior Court COMMISSIONER ERIK S. JOHNSON Pefifioner Respondent cv-soss REV 02110112 STIPULATION AND ORDER Page 2 oiz Case Name: Case Number: Valeria Martinez & John Martinezvs Mariana Huerta-Aceve: 21 CH009871, 76 ATTACHMENT A 1. The people named above, and whose initials are at the bottom of this page, agree that there is no reason for either of them to have any contact with each other. 2. Both parties agree t0 have n0 contact with each other, including face to face, email, text, other electronic means, 0r through another person. 3. Both parties agree to not post negative 0r other comments about each other 0n public media. 4. Both parties agree to stay away from each other, and each other’s homes, and t0 take reasonable measures to avoid coming in contact with each other. 5. If the parties meet accidentally 0r publicly, they agree t0 keep a respectful distance from each other and have no physical or verbal contact. Parties agree that they will treat each other with civility, as if they were strangers. 6. While understanding that they cannot control the behavior 0f others, the parties agree to encourage friends and relatives to follow the spirit of this agreement. 7. This agreement expires on Apr” 13 2023 . Once this agreement expires, the parties expect the agreed-to good behavior to continue into the future. ATTACHMENT A (consisting of pages) Petitioner lnitia1s Respondent Initials a' Case Name: Case Number: Valeria Martinez & John Martinezvs Mariana Huerta-Aceve: 21CH009871, 76 ATTACHMENT T0 STIPULATION AND ORDER ACKNOWLEDGMENTS The parties acknowledge that: 1. 10. They are voluntarily entering into this Stipulation and Order which will be presented to the Court for the Judge's signature. They have read and understood this Stipulation and Order and every provision therein. . This Stipulation and Order represents the exact terms 0f their agreement. As a result of the agreement contained in this Stipulation and Order, neither party acknowledges past liability 0r fault. . This Stipulation and Order is the parties’ agreed commitment to future behavior as stated. . The temporary restraining order expires when this Order is signed by the Judge and is replaced by this Stipulation and Order, which is a contractual agreement and not a California Law Enforcement Telecommunication System (CLETS) Restraining Order. Petitioner understands that while s/he retains rights to law enforcement protections, s/he cannot enforce the provisions 0f this Stipulation and Order by calling law enforcement. . Parties understand that proven violations 0f this Stipulation and Order may be considered contempt 0f court and subject him/her to civil and criminal penalties (fines/jail) time. . Parties have the right to ask the Court today for time to consult their own private attorney about this Stipulation and Order and understand the Court has discretion as to whether 0r not to grant a continuance for this purpose. This agreement may be executed in counterparts, each of which will be deemed to be an original. but all of which. taken together, will constitute one and the same agreement. THE FOREGOING IS AGREED TO BY: DATE: 4mg SIGNATURE:%%/ fl/iyfi/ Petitioner / / a DATE: 1- /_?- 2 L SIGNATURE: Mano,“ {/Mm fl. ' Respondent DATE: SIGNATURE:
