Order Temporary Restraining OrderCal. Super. - 6th Dist.February 22, 2021CH-1 10 Temporary Restraining Order m“"""“’“"’°""’"'°'"’""°¢ Filed February 24, 2021 Person in :1) mm! complete Heme) . (2). and (3) only. Protected Person Clerk of the Court a. Your Full Name: JULIO MAYA Superior Court of CA Your Lawyer (:fyou have onefur (his case); county Of santa Clara Name: Slate Bar No.1 21 CH009877 By: knguyen Firm Name: In Pro PerfToni Greene, LDA#O98lSanta Clara Cty b. Your Address (lfyou have a lawyer, givcyour lawyer‘s information. Ifyou do no! have a lawyer and wan! Io keep your home address Fa tn com name and streetm: private, you may give a diflerem mailing addrexs instead. You do no! Suponoc Com oi c.lnomla, county of have Iv give telephone, fax. or email): 53"“ 6'3” Downtown Superior Court (DTS) Address: 931 Woodcreek Way 191 North First Street v . . ~ . Same (.ny. Gum! r r State. CA _ Zip. 93939” u San Jose CA 951 1 3 Telephone: 403.706.0439 Fax: E-Maxl Address: luuomayfl@idwdgom Can “s in case nunbot Men hm l: Mod. ® Restrained Person c'" "“ZTC H 00 98 7 7 Fun Name: Sayed 'Tlm' Faquiryan Description: Scx: M M D F Height: 5'8' Weight: 190 Date of Birth: Unknown Hair Color: thk Eye Color: Black Age: 42 Race: Afghanistan. Home Addms (iflmown): 2585 Mulrfleld Way City: Gllroy State: CA Zip: 95020 Relationship to Protected Person: None E Additional Protected Persons ln addition to the person named in (D. thc following family or household members of that person are protected by the temporary orders indicated below: Full Name Sex Age Household Member? Relationto Protected Person CesarAntonio Maya M 20 ch C No Son MuelAmelMaya Estrada M 36 Yes E No Brother D Yes E No D Yes D No D Check here ifthere arc additional permits. List Ihem on an attached sheer ofpaper and write “Attachment 3- Additional Prnlecled Persons " as- a lille. Ynu may use'l'nrm MC-025. Attachment. ® Expiration Date The court wil! complcrc the rest oftthform. This 0rd" expires at (he end oftlle hearing scheduledfor the dale and time below: Dale: APR 1 3 292] Timc: £300 E a.m. m pm. his is a Court Ordcr‘ WW“W‘“M“°" Temporary Restraining Order (CLETs-TCH) °"-"°- “9" °'°Mm v5. mm,w Fan cae- u cuW. nw amm o (Civll Harassment Prevention)Why DOJ ““Z‘T'Bfiflo 98 7 7 To the Person inO: The court has granted the temponry orders checked as granted below. lfyou do no! obey these orders, youm be arrested and chlrged with n crime. You may be sent to jail for up to one year. ply a fine of up to $1.000, or both. 5 PersonalConduct Orders E Not Requested f7 Denied Untilthe Hearing m Granted as Follows: a. You must not do thc following things lo lhc person named in ® E and to the other protected persons listed In @; (l) ?J Harass, intimidate, molest, anack, strike. stalk. threaten, assault (sexually or otherwise), hit, abuse, destroy personal property 0f. ur disturb the peace ol’the person. (2) Z (Tunmcl [he 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 interomcc mail. by c-mail. by (ext message, by fax. or by other electronic means. (3) D Take any action lo obtain the person's address or location. lflhis item (3) is no! checked. lhc court has found good cause not l0 make this order. (4) m Other (spedfl): Lj Other personal conduct orders an: attached al the end ufthis Order 0n Attachment 53(4). . nz-y . .I IE ngagi . . . l...”.| I I I.|.g Hg“ 5| b. Peaceful wn'nen 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 served by mail on thc person in (D C5) Stay-Away Order [j Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least i9? 300 W yards away from (check all Illa! apply): (l) M The person in G) (7) D Thc place of child care ofthe children of (2) M Each person in® [he Person m® (3) M The home orthe person in (1) (8) p1 Thcvehicleomm person in Q) (4) The job or workplace of khc person (9) D (mm. (Specifij; in CD (5) l-l The schoolofthe person in ® (6) D The school ofthc children 0fthc person in C1) .. 7W, , MVW#HH¢ ___ _ ..‘ h. This stay-away order does nol prevent you from going m or from your home or place 0f 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 get guns, other firearms. 0r 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 comrol This must bc done within 24 hours ofbeing served with this Order. his is a Court Order, “"W “- m" Temporary Restraining Order (CLETS-TCH) “MW “'9' 3 0' ° (CMI Harassment Provonflon) 9 Case Numb“: WV”? 1, C Hoormumw (2) File a reccim with the coun withm 48 hours of rcccinng this Order that proves that your guns or fircamls have been turned in. sold. 0r stored. I You mar use/nrm (71-800. Proof ol‘ Fireanns Turned In, Sold. or Stored, for the receipt. ) c. j The coun has received information that you own or possess a firearm. ® Possession and Protection of Animals' A Not Requested _] Denied Until the Hearing U Granted as Follows (specify): a. 3 The person in® is given the sole pusscssxun, care. and control ofthc animals listed below. which arc owned. posscxx‘cd, leased, kept, or held by hlm or her. or reside in his 0t her household. (Idenlift' animals by. e.g.. type. breed. name. color, sex.) b. "-1 The person in® must stay at least yards away from, and not take, sell, transfer, encumber, conceal, molest. auack. strike. threaten, harm. or otherwise dispose of. the animals listed above. Other Orders X Not Requested [j Denied Until the Hearing D Granted as Follows (specify): E Additional orders arc attached at the end nf this Order on Attachment 9. To the Person m 0: ® Mandatory Entry of Order Into CARPOS Through CLETS This Order mus‘ be cntcrcd into the (.‘alifomla Restraxmng and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one): a. '7 The clerk will cntcr this Order and its proof-of-scrvlcc form into CARPOS. b. X111: clerk will transmit this Order and its prmfvf-scnice form lo a law enforcemenl agency to be entered into CARPOS. c. 1-] By the close ofbusiness on [he date lhnl this Order Is made. the person in® or his or her lawyer should dclivcr a copy of the Order and its proof-of-scrvicc form to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (City, Stale. Zip) 3 Additional law enforcement agencies arc listed u! thc und ofthis Order on Attachment IO. This is a Com! Order ""W “ ’°‘° Temporary Restraining Order (CLETS-TCH) c"""°- ”'9‘ 3°“ (Civil Harlssment Provontlon) 9 CauNunEQfHOU 98 77 No Fee to Serve (Notify) Restrained Parson Z Ordered D Not Ordered The sheriff or marshal will scrvc this Order without charge because: a. a The Order is based on unlawful violence. a credible threat nf violence. or stalking. b. j The person in @s entitled to a fee waiver. Wm 22mm 08 27AM Number of pages attached to this Order, if any: U/C _.6® - C C244 CQN/L 0V1 DatCI 2-24-2021 Judicial Officer Carol Overton Warnings and Notices to the Restrained Person in 6 You Cannot Have Guns or Firearms You cannot own. have, possess, buy or try to buy. receive or try x0 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 to or store with a licensed gun dwler‘ or tum in to a law enforcement agency. any guns or other firearms that you have or control as stated in item® above. Thc court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this Temporary Restraining Order and form CH-109, Notice ofCour! Hearing. but you d0 not appear at the hearing either in person or by a lawyer. and a restraining order lhal is the same as this Temporary Restraining Order cxccpl for the expiration date Is issued at lhc hearing. a copy of thc order will be served on you by mail at the address in item®. Ifthis address is not correct or you wish to verify that the Temporary Restraining Order wafi convened into a restraining order at the hearing without substantive change. or to find om the duration of the order. contact the clerk of the coun. After You Have Been Served With a Restraining Order ° Obey all the orders. ° Read form CH- IZO-INFO, [low Can I Respond to a Requcsljbr Civil Harassment Restraining 0rders?. to learn how to respond to this Order. ' [f you want to respond. fill out form CH-IZO. Response Io Requestfor Civil Harassment Restraining Orders. and file it with the court clerk. You do not have 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 haw form CH-IZO served by mail on thc person in (Der that person‘s attorney. You cannot do this yourself. The person who docs the mailing should complete and sign form CH-ZSO, ProqfofScn'ice ofResponJe by Mail. File the completed proofof service with lhe court clerk before the hearing dale 0r bring it with you to the hearing. - 1n addition to the response. you may filc and havc declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form M0030. Declaration. for this purpose. It is available from the clerk’s ofi'lcc at the court shown on page I of this form or at mm:couflsragovfibrms. lf you d0 not know how to prepare a declaration. you should see a lawyer. This is a Court Order‘ "" W‘“°‘° Temporary Restrafining Order (CLETS-TCH) CH-"O- P0904“. (Civil Harassment Prevention) 9 Can Numbor: 21CH009877 ' Whether ur no! you file a response. you xhnuld amend lhc hearing. If you hme any witnesses, they must also g0 to the hearing. ' Al thc 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. Instruc‘ions for Law Enforcement Enforcing tho Restraining Order This order is enforceable by any law enforcement agency lhat ha» received the order, is shown a copy of the order. or has verified its existence on the (‘alifomia Restraining and Prulecmc ()rdem System (CARPOS). lflhe law enfomemem agency has no! received pmol'ofscrvicc un the restrained person. lhc agency must advise the restrained person ofthc tcnns of the ordcr and then must enforce il. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order slam 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 restrained persun had notice of the order and has disobcyed the order. the officer must arrest the restrained person. (Pen. Code. §§ 836(c)( I ), l3701(b).) A violation oflhe order may be a violation of Penal Codc section I66 or 273.6. Agencies arc encouraged m enter violation messages imo CARPOS. NoticeIProof of Service The law enforcement agency must first determine if lhc restrained person had notice of the order. Consider the restrained person “served“ (gwcn notice) if(Pen. Code. § 836(c)(2)): ' Thc ofliccr secs a copy oflhc PruofofScnicc ur confirms that the Pruofof Service is on file; or - Thc restrained person was informed of lhc order by an officer. An officer can obtain infonnation about lhc contents of lhc order and proof of service in CARPOS. 1f proofof service on the restrained person cannot be veri fled, 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 Evcn if the protected person invites or consents to contact with thc restrained person. this ordcr rcmaim in effect and must be enforced. The protected person cannot bc arrested for invmng or consenting lo contact with the restrained person. The order can be changed only by another coun order. (Pen. Code. S I3710(h).) his is a Court Order "' “"1”" Temporary Restraining Order (CLETS-TCH) CMW- "9'50“ (Civil Harassment Prevention) 9 Can Number: 210H009877 Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (sec Pen. Code. § 136.2; Fam. Code. §§ 6383(h)(2). 6405(b)): I. FPO." If one of the orders is an Emergencv I’rnlerliu'e Order (form EPO-OOI ) and is more rcstnctivc than other restraining or protective orders. it has precedence in enforcement ovcr all other orders. 2. No Contact Order: If thcrc is no EPO, a no-conlucl order lhal is included in a restraining or protective order has precedence ovcr any olhet restraining or protective ordcr. 3. Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes prcccdencc in enforcement over any confliciing civil court order. Any nonconflicting terms of thc civil restraining order remain in cffcct and mforwablc. 4. Famib'. Juvenile. or Civil Order: If more than one family. )uvcnilc. or other civil restraining or protective order has been isuc¢ the one that was issued last mum be enforced. (Clerk willfill out 1th pan.) Clerk '3 Certificate -Clel'k's Certificate- [Sea’l l certify that this Temporary chtruining Order is a true and correct copy of the original on file in the court. Date: Clerk. by , Deputy This is a Court Order. "' ““1“ Temporary Restralnlng Order (CLETS-TCH) CH4“, M60“ (Clvll Harassment Prevention)