Order Temporary Restraining OrderCal. Super. - 6th Dist.February 23, 2021CH-1 1 0 ' Temporary Restraining Order CM“ampwmmmmm’mw (F _ Filed Perm): m 1 music'mn Iereuems 1 , ,and onlv.U p O ® © ' February 24, 2021 Protected Person Clerk of the Court a. Your Full Name: innit; M An, n; n_ A Superior Court of CA Your lawyer ({fyou have onefor this case): County Of Santa Clara Name: S€J§~ 2E It H i2: StatcBarNo.: 21CH00988O S 3L 2 F E I é ByiknguyenFirm Name: b. Your Address (Ifyou have a lauyer, give your lauyer‘s information. Ifyou du m)! have a lauyer um! mm! Io keep your honw address Fill in coun name and street address private. you may give a dzflercn! mailing address insruml. You do n0! superior Court of Callfomla. County of have Io give Ielephone, far, or e-mail.): Santa Clara Address: Civil Division 191 North First Street“ : State: Zi : -("Y Salon.- CL P 9-3-5! San Jose, CA 9:1 13 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Pzrsoz Z Case Number:® FullName: ‘ 3£AHAJD 210H009880 Description: J Sex: D M a F Height: ‘Mémn weight: (guano DmeofBinh: glcemher go Hair Color: é M K branm Eye Color: 4-] Ink”! m Age: fag: Race: Hi: $m- HomeAddress ((fknmrn): ugfi Afiu Or City: $9“ Rog, State: Cm Zip: flflZE Relationship to Protected Person: Ex _ Mm (£90 ® D Additional Protected Persons In addition Io xhe person named in® lhc following family or household members ofthal person are protected by the temporary orders indicated below: FullNamc E Age Household Member? Relationto Protected Person D Yes D No D Yes D No D Yes D No D Yes D No D Check here ifthere are additional persons. List them on an attached sheer ofpaper and write "Attachment 3-- Addin'omzl Protected Persons" as a title. You may meflJml MC- 25, Attachment. The court will complctv (he res! ofrhis jbrm.® Expiration Date This Order expires at the end ofthe hearing scheduledfor the dare and time below: Date: 9/6 /20Z/ Time: Q .' QQ m a.m. D p.m. I ‘77 This is a Court Order. $mgmuafigm’w Temporary Restraining Order (CLETS-TCH) CH-110. Pace 1 0'6 cwuwmysmwuw (Civil Harassment Prevention) 9WbyDOJ [Case Number: 5 21cn009880 l To the Person inez The court has granted the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged “ith 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 NotRequested D Denied Untilthe Hearing m Granted as Follows: a, You must not do the following things lo the person named in® fl and lo lhc other protected persons listed in ®z (1) Q Harass. intimidate, molest. attack. strike. stalk. threaten. assault (sexually or otherwise), hit, abuse. destroy personal property 0f. or disturb the peace ofthc person. (3) Contact lhc person. either directly or indirectly. 'm any way, including. but not limited to, in person, by telcphone, in writing. by public or private mail. by interofficc mail. by c-mail, by tcxt message, by fax. or by other electronic means. (3) E Take any action to obtain the person‘s address 0r location. lfthis itcm (3) is not checked, the coun has found good cause no! to make this order. (4) D Other (spccifv): D ()1hcr personal conduct orders are attached a! Ihc end othis Order on Attachment 5a(4). b. Peaceful w ritlcn contact through a lawyer or a process server or other person for service of legal papers relaxed t0 a court case is allowed and does not Violate this order. Howcvcr. you may have your papers served by mail on thc person in® ® Stay-Away Order D Not Requested D Denied Until the Hearing E Granted as Follows: a. You must stay at least .399 yards away from (clu'ck all rim! apply} (1) The person in ® (7) D 'l'hc place ofchild care ot‘lhc Children of (2) D Each person in® the person in® (3) The home orthc Person in (D (S) 8 The vehicle ofthe person in O) (4) E Thcjob 0r workplace ofthc pcrson (9) D 0mg, (specifijl. in® " (5) D The school Othe person in (D (6) D The school ofthe children ofthc person in® b. This slay-away order docs not prevent you from going Io 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 Io receive. 0r in any other way get guns, other fircanns, or ammunition. b. You must: (1) Sell lo or store with a licensed gun dealer. 0r tum in to a law enforcement agency, any guns or other firearms in your immediate possession nr cnmrnl This must bc done within 24 hours of being scrved with this Order. This is a Court Order R" W‘5~’°‘9 Temporary Restraining Order (CLETS-TCH) CH-110. Page 20f6 (Civil Harassment Prevention) '9 Case Number: ii n u Iln A A L I D nUUW (2) File a rcccipt with lhc court within 4S hours of receiving this Order that proves that your guns or firearms have been turned in. sold. or smrcd. (Yum may uscjhrm CH-SOO. Proofot' Firearms Turned In. Sold. or Stored. for (In: rca‘cipr.) c. D The coun has received information that you mm 0r possess a firmrm. C83 Possession and Protection of Animals g Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given Ihc sole pcsscssion. cure. and control oflhc animals listed below, which are o“ ned. possessed. leased. kept. 0r held by him or her. 0r reside in his or her household. (Identify um'muls hr, e.g.. rypc. brcal. name. calm, sax.) b. D The person in® must stay at least yards a“ ay from. and not take. sell. transfer, encumber, conceal, molest. attack, strike, threaten. harm, or otherwise dispose 0f. thc animals listed above. ® Other Orders m NotRequested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders are attached at the cnd of thin (J:\lcr uzx .-\u.1chme:u 9. To the Person inO: @. Mandatory Entry of Order Into CARPOS Through CLETS This Ordcr must be entered into the California Restrainzng and Protective Order System (CARPOS) through the California Law [Enforcement Tclccommunicalions S) stem (CH-ITS). (Check one): a‘ D The clerk will emcr this Order and its proof-of-scnicc form into CARPOS. b. a Thc clerk \\ ill transmit this Order and its prmfootlscn'icc form to a law enforcement agency to be entered into CARPOS. c. D By lhc chm: 0f business on the dalc that this Ordcr is made. the person in® or his or her lawyer should deliver a copy oflhe Order and its proof-of-scn'icc fom1 to the law enforcement agency listed below to enter into CARPOS: ' ~ ‘ w ‘ C’ Addmss lg (a 5mm 2mg D Adduional law enforcement agencies arc 115tcd zit t'nc end ofthis Ordcr on Attachment 10. This is a Court Order R" W‘w" Temporary Restraining Order (CLETS-TCH) CH-110. Page30'6 (Civil Harassment Prevention) 9 Case Number: 210H009880 ® No Fee to Serve (Notify) Restrained Person a Ordered a Not Ordered The shcritTor marshal mll sen c Ihls Order without charge because: a. m U16 Order is based on unlawful Violence. a credible threat of violencc. 0r sIalking. b. D The person in @s entitled to a fcc waivcr. Slgned 2324/2021 12 44 PM 12\ Number ofpagcs anached t0 this Order, it‘any: Date: 2-24-2021 C 04/1 Ufl W‘ <00 .1an“!WW CAROL OVERTON Warnings and Notices to the Restrained Person in0 You Cannot Have Guns or Firearms You cannot own. have, possess, buy or try m buy, rcccix c 0r try tu rccche, or otherwise get guns. other firearms, or ammunition while this Order is in effect. Ifyou do. you can go In jail and pay a $1 .000 fine. You must sell to 0r store with a licensed gun dealer, 0r tum in to a law enforcement agency. any guns 0r other firearms that you havc or control as stated in itcm 6 above. The coun will require you tn prmc that you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfyou have been personally served with this 'l'cmpurar)’ Rcszmming ()rdcr and form CH-IO‘), Nauru qunur! Hearing, but you do not appear at Ihc hearing either in person 0r b) a la“ yer. and a rcstrainmg order that is the same as this Temporary Restraining Order except for the expiration datc is issued at the hearing. a copy ot‘thc order will be served on you by mail at thc address in itcm®. Iflhis address is n01 correct 0r you xx ish m \cn't‘)’ [hut lhc Temporary Rcstraining Order was convened into a restraining order at the hearing u ilhout substantive change. or l0 find out the duration of the order, contact the clerk ofthc court. After You Have Been Served With a Restraining Order c Obey all the orders. ° Rcad form CH-I 20-1NFO. How Can [Respond lo a chucslflfl Civil Harassment Restraining Ordcr57, to lcam how t0 respond to this Order. ' Ifyou want lo respond. fill out form CH-IZO, Ruxpumc m RupwsL/br Civil Harassment Restraining Orders, and file it wixh thc court clerk. You do not have Io pay any fec to file your response if (he chuest claims lhax you inflicted or threatened violence against or stalked the person in@. - You must have form CH-IZO served by mail on the person in ®0r that person‘s attorney. You cannot do this yourself. The person who does thc mailing should complete and sign form CH-ZSO, ProafofSen'icc ofResponse by Mail. File the complexed proofofscn‘icc with Ihc court clerk before lhc hearing date or bring i! with you t0 the hearing - In addition to the response, you may file and have declarations scn'cd. signed by you and other persons who have personal knowledge oflhc facts. You may use form MC-OBU, Declaration, for this purpose. ll is available from the clerk‘s office ax the court shown 0n page 1 ofthis form 0r at mm:courts.ca.gox'_fi)mxs. Ifyou do not know how to prepare a declaration, you should see a lawyer. This is a Court Order R" W‘s ”'9 Temporary Restraining Order (CLETS-TCH) C“-“°~ Page‘ 0'6 (Civil Harassment Prevention) 9 Case Number: 210H009880 ' Whether or not you file a response. you should attend the hcaring. It‘ you hm: an} wimcsws. thcy mus! also go t0 the hearing. ' At the hearing. thcjudgc cam make restraining orders aguimt you that last for up Io five years. Tell thejudgc why you disagree with the orders requested. Instructions for Law Enforcement Enforcing the Restraining Order 'Ihis ordcr is cnforccablc by any law enforcement agency that has received thc order‘ is shown a copy of the order, 0r has verified its cxislcncc 0n the California Restraining and Protccm c Orders System (CARPOS). Ifthe law enforcement agency has not received proof of service on thc restrained person. the agency must advise the restrained person of the terms 0fthc order and thcn must enforce it. Violations ofthis order arc subject to criminal penalties. Start Date and End Date of Orders This order smm' on the date ncxt to the judge‘s signature on page 4. The order ends on thc expiration date in item ® on page l. Arrest Required if Order Is Violated _ lfan officer has probable cause to bclicve that the restrained person had notice oflhc order and has disobcycd the order. thc officer must arrest the restrained person. (Pen. Codc. §§ 836mm I ), 13701(b).) A violation ot'the order may be a violation 0f Pcnal Code section 166 or 273.6. Agencies are encouraged to cmcr violation messages into CARI’OS. Notice/Proof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “scn'cd” (given notice) if(Pcn. Code. § 836(c)(2)): 0 The officcr secs a copy ofthc Proof OfScrvice 0r confirms that the ProofofScrvicc is on file; 0r ' The restrained person was informed ofthc order by an officer. An officer can obtain infommtion about thc contents of the urdcr and proofof service in CARPOS. [f proofof service on the restrained person cannot be verified, the agency must advise lhc restrained person of the terms of lhc order and then enforce il. If the Protected Person Contacts the Restrained Person Even ifthc protected person invites 0r consents Io contact with Ihc restrained person. this ordcr remains in effect and must be enforced. 1716 protected person cannot be arrested for Inviting or consenting to contact with the restrained person. The order can bc changed only by another court order. (Pen. Code, § I37] 0(b).) This is a Court Order R"W '5?" Temporary Restraining Order (CLETS-TCH) CH4”. Page 5 0'6 (Civil Harassment Prevention) "> Case Number: ZICHOOQBBO 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; Yam. Code. §§ 6383(h)(2). 6405(b)): 1. EPO: 1f one of the orders is an Emcrgcnqv Prulucn‘vc Order (fonn EPO-OOI ) and is more restrictive than other restraining or protective orders. it has precedence in enforcement over all other orders. No Conma Omicr: It‘thcrc is n0 EPO. a no-conmcl ordcr that is included in a restraining 0r protective order has precedence over any other restraining or protective order. 3. Criminal Onicrs If none of the orders includes a no contact order. a domestic violence protective order issued in a criminal case takes prcccdcncc in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. 4. Family. Juvcnilv. or Civil Onlvr: lfmorc than one family. juvenile. 0r other civil restraining or protective order has been issued. the one that was issued last must be enforced. Id (Clerk n'il/flll rm! this purl.) Clerk's Certificate -C|erk's Certificate- [59al/ I certify that this Temporary Rus‘rruim'ng OI'dL'r is a true and correct copy of the on'ginal on filc in thc court. Date: Clerk‘ by . Deputy This is a Court Order R" W‘s‘m Temporary Restraining Order (CLETS-TCH) CH-110. PageBofG (Civil Harassment Prevention)