Order Restraining Order After HearingCal. Super. - 6th Dist.February 23, 2021Civil Harassment Restraining Order After Hearing Person in ® must complete items®,®, and© only. Protected Person a. Your Full Name: Trenton Finister Clerk stamps date here when form is filed‘ Your Lawyer (ifyou have onefor rhis case) Name: State Bar No.: Firm Name: Your Address (Ifyou have a lawyer, give your lawyer’s information. Ifyou d0 not have a Iawyer and want t0 keep your Itome address privare, you may give a different mailing address instead. You d0 not have r0 give telephone, fax, 0r e-maii.) Address: 2552 Castleton Drive State: CA Fax: City: San Jose Zip: 95 148 Telephone: E-Mail Address: Fm in court name and street address: Superior Court of California, County of Santa Clara Civil Division 191 North First Street San Jose, CA 951 l3 Restrained Person Court fills in case number when form is flied. Case Number: FullName: Thomas Vernon 21CH009881 Description: Sex: M D F Height: 5'10 Weight: 170 Date ofBiI'th: Jun 14, 1985 Hair Color: Blonde Eye Color: Brown Age: 35 Race: Caucasian Home Address (ifknown): 2410 White Road City: San Jose State: CA Zip: 95148 Relationship to Protected Person: Nephew D Additional Protected Persons In addition t0 the person named in ©, the following family or household members of that person are protected by the orders indicated below: Full Name E Age Lives with you? D Yes D D YesD D YesD D YesD How are thev related to vou‘? No N0 No No D Check here iffhere are addirionalpersons. List them 0n (m attached sheet ofpaper and write "Attachment 3- Additional Protected Persons ” as a title. You may useform M0025, Attachment. Expiration Date This Order, avceptfor any award oflawycr’sfces, expires at Time: H 15"? D am. Epm. D midnighton (date): «(fl /2V If n0 expiration date is Wn'tten here, this Order expires three years from the date of issuance. This is a Court Order. Judicial Council of California. www.courtscagov Rev‘ March 1S, 2019, Mandatory Foxm Code of Civil Procedure. §§ 527.6 and 527.9 Approved by DOJ (CLETS-CHO) (Civil Harassment Prevention) Civil Harassment Restraining Order After Hearing CH-130, Page 1 ofB .9 Case Number: 21CH009881 ® Hearing a. There was a hearing 0n (dare): Agr 6, 2021 at (rime): 2:00 PM in Dept: 4 Room: (Name ijudl'cfal Officer): Comm. Erik Johnson made the orders at the hearing, b. These people were at the hearing: (1) The person in®. (3) D The lawyer for the person in ® (name): (2) D The person in®. (4) D The lawyer forthe person in® (name): D Additional persons present are listed at the end ofthis Order 0n Attachment 5. c. D The hearing is continued. The parties must return t0 court on (date): at (time): To the Person in 9: The court has granted the orders checked 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 a. You must not do the following things t0 the person named in CD D and to the other protected persons listed in ©: (l) Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually 0r otherwise), hit, abuse, destroy personal property 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) Take any action to obtain the person’s address or location. Iflhis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (Specify): D Other personal conduct orders are attached at the end of this Order on Attachment 6a(4). b. Peaceful written contact through a lawyer 0r process server 0r other person for service of legal papers related to a court case is allowed and does not violate this Order. ® Stay-Away Orders 3- You must stay at least 300 yards away from (Check all that apply): (1) The person in® . (7) D The place of child care 0fthe children of (2) D Each person in©. the Person in® - (3) The home OfIhe person in (D . (8) The vehicle 0fthe person in®. (4) Thejob 0r workplace 0fthe person (9) D Other (specw): in© (5) The school ofthe person in G). (6) D The school ofthe children 0fthe person in® b. This stay-away order does not prevent you from going t0 or from your home or place ofemployment. This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. PageZofS (CLETS-CHO) 9 (Civil Harassment Prevention) Rev‘ March 15. 2019 Case Number: 2 1 CH009881 . 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 gct guns, other firearms, 0r ammunition. b. Ifyou have not already done so, you must: . Within 24 hours of being served with this Order, sell to or store with a licensed gun dealer, or rum in t0 a law enforcement agency, any guns 0r other firearms in your immediate possession or control. - File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may useform CH-BOO, ProofofFirearms Turned In, Sold, or Stored,f0r the receipt.) c. D The court has received information that you own 0r possess a firearm. d_ D The coun has made the necessary findings and applies the firearm relinquishment exemption under Code 0f Civil Procedure section 527.9(1). Under California law, the person in® is not required t0 relinquish this firearm (specify make, model, and serial number offirearm(s)): The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his 0r her place ofemployment. Even ifexempt under California law, the person in® may be subject to federal prosecution for possessing or controlling a firearm. D Lawyer's Fees and Costs The person in _ must pay to the person in _ the following amounts for D lawyer’s fees D costs: Item Amount Item ' Amount $ $ D Additional items and amounts are attached at the end 0fthis Order on Attachment 9. D Possession and Protection of Animals a. D The person in ®is given the sole possession, care, and control ofthe animals listed below, which are owned, possessed, leased, kept, or held by him or her, or reside in his or her household. (Idenrlfil animals by, e.g., Iype, 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, 0r otherwise dispose of, the animals listed above. ® D Other Orders (speczfiz): D Additional orders are attached at the end ofthis Order on Attachment 11. Rev. March 1S, 2019 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETs-CHO) (Civil Harassment Prevention) CH-130, Page 3 of6 .9 Case Number: 2 1 CH009881 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 (CLETS). (Check one): a. The clerk will enter this Order and its proof-of-service form into CARPOS. b. The clerk will transmit this Order and its proof~0f-service form t0 a law enforcement agency to be entered into CARPOS. c. D By the close ofbusiness on the date that this Order is made, [he person in (D 0r his or her lawyer should deliver a copy 0f the Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name 0f Law Enforcement Arrencv Address (C112, State, ZEQZ D Additional law enforcement agencies are listed at the end ofthis Order 0n Attachment 12. ® Service of Order on Restrained Person a. D The person in® personally attended the hearing. No other proofofservice is needed. b. EThe person in® did not attend the hearing. (1) fl: Proof of service of form CH-l 10, Temporary Restraining Order, was presented to the court. The judge's orders in this form are the same as in form CH-l 10 except for the expiration date. The person in ® must be served with this Order. Service may be by mail. (2) D Thejudge‘s orders in this fonn are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® 0r @-must personally serve a copy 0f this Order on the person in ®. No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. The Order is based 0n unlawful violence, a credible threat 0f violence, or stalking. b. D The person in® is entitled t0 a fee waiver. ® Number ofpages attached t0 this Order, ifany: Date: April 6, 2021 IcialWI" ERIK S. JOHNSON This is a Court Order. R”'“a'°“‘5‘2°‘9 Civil Harassment Restraining Order After Hearing CH4”! P3994“ (CLETs-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009881 Warfiin'g and Notice to the Restrained Person in, 9: You Cannot Have Guns or Firearms Unless item 8d is checked, you cannot own, have, possess, buy 0r try t0 buy, receive 0r try to receive, or otherwise get guns, other firearms, 0r ammunition while this Order is in effect. Ifyou d0, you can g0 tojail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer, or tum in t0 a law enforcement agency, any guns 0r other firearms that you have 0r control as stated in item above. The court will require you t0 prove that you did so. Instructions for' Law Enforcemen 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 Order System (CARPOS). Ifthe law enforcement agency has not received proofof service on the restrained person, and the restrained person was not present at the court hearing, the agency must advise the restrained person ofthe terms ofthe Order and then must enforce it. Violations of this Order are subject to criminal penalties. Start Date and End Date of Orders This Order starts 0n the date next to lhejudge’s signature on page 4 and ends on the expiration date in item®0n page 1. Arrest Required If Order ls Violated If an officer has probable cause to believe that the restrained person had notice ofthe order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A Violation of the order may be a violation OfPenal Code section 166 0r 273.6. Agencies are encouraged t0 enter violation messages into CARPOS. NoticeIProof of Service The law enforcement agency must first determine if the restrained person had notice 0f the order. Consider the restrained person “served” (given notice) if (Pen. Code, § 836(c)(2)): The officer sees a copy 0f the ProofofSewice 0r confirms that the ProofofSem’ice is on file; 0r The restrained person was at the restraining order hearing 0r was informed OfIhe order by an officer. An officer can obtain information about the contents of the order and proofofservice in CARPOS. If proof ofservice on the restrained person cannot be verified and the restrained person was not present at the court hearing, the agency must advise the restrained person 0f the terms ofthe order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthe protected person invites or consents to contact with the restrained person, this Order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The orders can be changed only by another court order. (Pen. Code, § 137 10(b).) This is a Court Order. Civil Harassment Restraining Order After Hearing CH-130. Page 50f6 (CLETs-CHO) -> (Civil Harassment Prevention) Rev. March 15, 2019 Case Number: 21CH009881 Conflicting Orders-Priorities of Enforcement lf 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, §§ 63830062), 6405(b).) l. EPO: Ifone of the orders is an Emergency Protecn're Order (form EPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No-Com‘ac! Order: If there is n0 EPO, a no-contact order that is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: If none of the orders includes a n0 contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting tenns 0f the civil restraining order remain in effect and enforceable. 4. Family. Jznfenile, 0r Civil Order: Ifmore than one family,juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. k.) Clerk's Certiflcme ‘ (Clerk willfill out this part.) [seal] -Clerk's Certificate- I certify that this Civil Harassmem Restraining OrderAfrcr Hearing is a true and correct copy 0fthe original on file in the court. Date: Clerk, by , Deputy This is a Court Order. Rev‘h'm ‘5'”‘9 Civil Harassment Restraining Order After Hearing CH'130' P899 6 0‘5 (CLETs-CHO) (Civil Harassment Prevention)
