Order Temporary Restraining OrderCal. Super. - 6th Dist.February 23, 2021CH-1 1 0 ' Temporary Restraining Order “Mamp‘da‘°"“”"°"’°”"’sfi'°d- Person in mm: complete ilems 1 . ,and only. Filed® O ® ® June 24, 2021 Protected Person ‘1 M C'erk 0f the CoUrt8- Your Fun Name: mans; ‘ mM-CM Superior Court of CA Your Lawyer (Ifyou have nef r (his case): av County Of Santa Clara Namc; (t {LE FEE pt CZ State Bar No.2 21 CH009880 Firm Name: Q; J I Buer‘e A peg) By: knguyen .JV‘ ' v ' ‘ b. Your Address (Ifyou have a lmsyer, givcyaur lanycr's information. [fyou d0 not have a Iauyer and want Io keep your home address Fillm court name and mtamess: private, you may give a diflurent mailing address instead. You do n0! Superior Court of California. County of have (0 give telephone, fax, r e-ma' .).' Santa Clara Address: fl1 DLLN 4g #j Civil Division . _ . . _ 191 North FirstStrcct CW“ - S‘m‘ Q_Z'P'm SanJose, CA 95113 Telephone: Fax: E-Mail Address: Court fills in case number when form is filed. ® Restrained Person ca“ Numb“ ,~ ‘ ?qcfiomgo Description: I v Sex: D M E F Height: Maud Weight: fffa :l f0 Date ofBirth: a HairColor: Mflé: 2a EyeColor: ) Age: é Race: 4%mm; Home Address (if/mown): 9X4 4pm] [2* Ran Jog City: % AN ' v State: m Zip: 9f7z< Relationshipto Protected Pegon: g -gomulf' I U' h Additional Protected Persons In addition lo the person named in ® the following family or household members of that person are protected by the temporary orders indicated below: FullName Sic Age Household Member? Relatipn to Protected Person Du) ]& 5% ‘3;;§;“ f W g Yes D No Imuxer D Yes D No D Yes D No D Yes D No D Check here iftlxere are additionalpcrsons. List them 0n an attached sheet ofpaper and write "Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment The court will complete the rest ()fthisform.® Expiration Date This Order expires at the em! of the hearing scheduledfor the date and time below: Date: Alla 2 4 mZ] Time: 9 ', OO K a.m. U pm. This is a Court Order. mafilggmw'mfimum Temporary Restraining Order (CLETS-TCH) CH-"O. Pacowfi mammfiszrsmws (Civil Harassment Prevention) 9WbyDOJ Case Number: (filcpoocm’fié To the Person inG: The court has granted the temporary orders checked as granted below. Ifyou 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 NotRequested D Denied Untilthe Hearing m Granted as Follows: a_ You must not d0 the following things t0 the person named in (D m and to the other protected persons listed in ®t (I) g Harass, intimidate, molest, attack, strike. stalk. threaten, assault (sexually or otherwise), hit, abuse, destroy personal propeny of, or disturb the peace ofthe person. (2) 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)'a Take any action to obtain the person's address 0r location. Ifthjs item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specifi'): D Other personal conduct orders are attached at the end of this Order on Attachment 53(4). b. Peaceful 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 havc your papers served by mail on the person in G). Stay-Away Order E] NotRequested D Denied Untilthe Hearing m. Granted as Follows: a. You must stay at least ‘ZQ yards away from (check all (hat apply): (l) E The person in (D (7) D Thc place ofchild care ofthe children of (2) a Each person in® the person in® (3) E The home ofthe person in® (8) E The vehicle of the person in ® (4) E Thejob or workplace ofthe person (9) D Other (specify): in® ' ' (5) D The school of the pmon in ® (6) D The school of the children of the person in b. This 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 get guns, other firwrms, or ammunition. b. You must: (1) 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 be done within 24 hours of being served with this Order. This is a Court Order. MW'W” Temporary Restraining Order (CLETS-TCH) CH-110. Page2016 (Civil Harassment Prevention) 9 Case Number:AMMQW (2) File a receipt with the coun within 4S hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may usefurm CH-SOO, Proof of Firearms Turned 1n, Sold, 0r Stored,for the receipt.) c. D The court has received information that you own or possess a firearm. 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 the sole possession. care, 21nd control oflhc animals listed below, which arc owned, possessed, leased, kept, or held by him or her. 0r reside in his or her household. (Identify animals by, e.g., type, 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, harm, or otherwise dispose of. the animals listed above. ® Other Orders fl Not Requested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders are attached at the end of this Ordcr on Attachment 9. To the Person ino: 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 (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-sen'ice form imo CARPOS. b. m The clerk will transmit this Order and its proof-of-servicc form to a law enforcement agency to be entered into CARPOS. c. D By the close ofbusiness on the date that this Order is made, the person in® or his or her lawyer should deliver a copy ot'the Order and its proof-of-service f0m1 to the law enforcement agency listed below to enter into CARPOS: \‘ w ' a v Addggss (g {a ,Smgp Zing D Additional law enforcement agencies arc listcd at thc cnd of this Order on Attachment 10. This is a Court Order _ "" “mm" Temporary Restraining Order (CLETS-TCH) CH-110- P39°3°f5 (Civil Harassment Prevention) 9 Case Number: QMWCQ‘SQBO No Fee to Serve (Notify) Restrained Person fl Ordered D Not Ordered The sheriff or marshal will serve this Ordcr without charge bccausc: a. g The Order is based on unlawful violence, a credible threat of violence. or stalking. b. D The person in @s entitled to a fee waiver. Signed 6/24/2021 08:33 AM® Number of pages attached to this Order, if any: Date: 6-24-2021 p (714 (f(v 10M h’gOV] Jlldicitlmllflccr CAROL OVERTON Warnings and Notices to the Restrained Person in6 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or try lo buy, receive or try l0 rcccivc. or otherwise gcl guns, other firearms. or ammunition while this Order is in effect. If you do, you can go to jail and pay a Sl ,000 fine. You must sell to or store with a licensed gun dealer, or tum in Io a law enforcement agency, any guns or other firearms that you have or control as stated in item® above. ’Ihe court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order If you have been personally served with this Temporary Restraining Ordcr 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 the address in itcm®. If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hean'ng withoux substantive changc, or to find out thc duration ofthc order, contact the clerk ofthe court. After You Have Been Served With a Restraining Order - Obey all the orders. ' Read form CH-llO-INFO, How Can I Respond (a a quucstfbr Civil Harassment Restraining Orders?, to learn how to respond to this Order. o If you want [o rcSpond, fill out form CH-IZO, Rcwunse m Requestfor 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 n'olcnce against or stalked the person in@. - You must have form CH-l 20 served by mail on the person in ©or that person‘s attorney. You cannot do this yourself. The person who docs the mailing should complete and sign form CH~250, ProofofSen'ice ofResponse by Mail. File the completed proof of service with thc coun clerk before the hearing date or bn'ng it with you to the hearing. ° In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge 0f the facts. You may usc form MC-O30. Declaration, for this purpose. h is available from the clerk's office at the coun shown on page 1 of this form or at mmwourts.m.gov/forms. If you d0 not know how to prepare a declaration, you should see a lawyer. This is a Court Order 3"mum Temporary Restraining Order (CLETS-TCH) CH-"O. ”90‘0“ (Civil Harassment Prevention) '9 Case Number: mmwfi‘fib ° Whether or no‘ you file a response. you should attend the hearing. If you have any witnesscs. they mus‘ also go to the baring. ° At the hearing, the judge can make restraining orders against you that last for up to five years. Tell the judge why you disagrcc with the orders requested. 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 of the 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 0f this order are subject t0 criminal penalties. Start Date and End Date of Orders This order smrts on the dale 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 Is Violated . lf an officer has probable cause to believe that the restrained person had notice of the order and has disobeycd the order, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ). I3701(b).) A violation ofthe order may be a violation of Penal Code section 166 or 273.6. Agencies arc encouraged to enter violation messages into CARPOS. NoticelProof of Service 'Ihe law enforcement agency must first determine if thc restraincd person had notice of the order. Consider the restrained person "served" (given notice) if (Pen. Code, § 836(c)(2)): ' The officer secs a c0py ofthe ProofofScn'icc or confimls that the Proofof Service is on file; or - The restrained person was informed of the order by an officer. An officer can obtain information about the contents of thc order and proof of service in CARPOS. If proofof service on the restrained person cannot be verified, the agency must advise thc restrained person of the 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 [he restrained person, this order remains in effect and must bc enforced. The protected person cannot bc arrested for inviting 0r consenting to contact with the restrained person. The order can be changed only by another court order. (Pen. Code. § 13710(b).) This is a Court Order M-W‘S‘m” Temporary Restraining Order (CLETS-TCH) CH‘HO- 939650” (Civil Harassment Prevention) 9 Case Number: xmtoxfifi 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)): l. EPO: If one of the orders is an Emergency Protective Order (form EPO-OOl) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No Contact Order: If there is no EPO. a no-contact ordcr that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: 1f none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes 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: [f more than one family, juvenile, or other civil restraining or protective order has been issued. the one that was issued last must bc enforced. (Clerk u'ilIfi/l out this part.) Clerk's Certificate -C|erk's Certificate- [59‘1/1 I certify that this Temporary Rextraining Order is a true and correct copy of the original on file in the coun. Date: Clerk, by , Deputy This is a Court Order R"mum Temporary Restraining Order (CLETS-TCH) CH-11°:P39°5°‘6 (Civil Harassment Prevention)
