Order Temporary Restraining OrderCal. Super. - 6th Dist.February 23, 2021~ I B am wh Iotmi filed. CH-ZI10 Temporary Restraining Order c'::l'e:d"°"°’° e" 3 February 24. 2021 Person in ® mus! complete items (D , ®, and® only. Protected Person Clerk _Of the Court a. Your FullName: WHKD S/lanz Tbflws SUpel'lOf Court 0f CA Your Lawyer (Ifyou have onefor (his case): county 0f santa Clara Name; Self-Represented 5.3.: Ba, No; 21 CH009882 Firm Name- SeIf-Represented By; knguyen b. Your Address (Ifyou have a Imvyer, givc your lawyer s infalmalt'on. lfyou do nol have a lawyer and wan! (a kee your home address private, you may I've a different mailing a dress insiead. You do nol Superior Court of California. County of have lo give (eIep lone fax or e-mail.:) Santa Clara Address jjflinchauanlm KW 191 N. First Street g/m 3Q;g 191 N.FirstStreetCW SWCAZ'FEEL San Jose,CA95113Tclcphonch‘iWL Fax:- Civil courthouse _ DTS E-MaHAddICSSZ A VAK- - ' 3 0 ‘ m Counfiflsincasonumberwhen formisfiled. ® Restrained Person Casfuibee H U 0 9 8 8 a . Full Name: A t Witty Mflfl‘hWt Fill in court name and SW8! addfess.‘ Description: Sex.6M D F Height.___L Weight: - J H Q Date ofBirth: Hair Color:LL Eye Color. 310W Agezjs Race: H’LSDII nl C Home Address (Ifknown): < w 4L _ . __ City: m n km d State: 0R Zip._ _._ Relationship lo Protected Person: Rwnn‘z‘ m/Additional Protected Persons In addition to the person named in® , lhc following family or household members ofthat person are protected by the temporary orders indicated below: FuH Nam: Sp; Ag; Housghold Member? _Rc|.ation lg Erotecgeg Began Varwsm Cm VAmun 3: 7:1 Yes a No e ‘ L» !Klfin‘€ 4mVfl 1463 F ‘ 5% fich DNO 6 'W“ cenfiy _.. D Yes D No _ D Check here Iflhere are additional persons. List (hem on an attached sheet ofpaper and write "Allachmenl 3- Addilional Protected Persons " as a title. You may useform M0025, Attachment. The courl will compIete Ihe res! aflhisform. ® Expiration Date This Order expires a! the end of rile Imm'ng scheduledfor the date am! time below: Dale: q’Z§ ‘Z\ 'I‘imc:3L mam. a p.m. This is a Court Order. "‘f“"°‘;“,;§'°'°"°"";:"'f§°°‘"‘,;f‘°°' Tem ora Restraining 0rder(CLETS-TCH CH-11o. Paguora gaméwnm.’;uré 3:521: p ?Civil Harassment Prevention) ) ROHCI I ] PVERN9”pmeOJ Case Number: 0 j ’2 ‘ ll J! ‘1 1E‘ Kg 7 U To the Person in 0: The court has granted the temporary orders checked as granted below. lf 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. CC? r D D 3 Personal Conduct Orders D Not Requested DDenied Until the Hearing mGranted as Follows: a. You must not do the following things lo the person in® Q and to Ihc other protected persons listed in @2 (l) E Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise). hit. abuse. destroy personal property of, or disturb the peace of the person. (2) m 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 interofficc mail, by e-mail. by text message, by fax, or by other electronic means. (3) m Take any action to obtain the person’s address or location. If this item (3) is not checked, the court has found good cause not to make this order. (4) a Other (specifi): DOther personal conduct orders arc anached at the end of this Order on Attachment 5a(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 does not violate this order. However, you may have your papers served by mail on the person in ®. ® Stay-Away OrderD Not Requested D Denied Until the Hearing m Granted as Follows: a. You must stay at least 900 yards away from (check all that apply): (I) m The person in® (7) D The place ofchild care ofthe children of (2) m Each person in© the person in ® (3) m The home ofthc person in @(wbzA I; (8) w 'lhe vehicle ofthe person in® (4) D The job or workplace ofthe person Eb) (9) m Other (specifiz): in© Mejia) 4WW (5) D 111a school ofthe person in (D o Wpa flow“; [A mv-o wide(6) D The school ofthc children ofthc personin® [‘4 film/fd [Vumbi b. This stay-away order does not prevent you from going to or from your home or place ofemploymcnt. No Guns or Other Firearms and Ammunition a. You cannot own, possess, have, buy or kry to buy, receive or try to rcccivc, or in any other way get guns, other firearms, or ammunition. b. You must: (l) Scll 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 control. 'I‘his must be done within 24 hours of being served with this Order. Thls Is a Court Order. R-vkld Jammy I. 2017.Wu Fom- , Tem ora Restrainin Order CLETS-TCH CH-11o.5mm“ p f(yCivll Harassmegnt Prcvclgtlon) ) ”9.203 ' I 4:15;“ nan“! CaseNmarf'i HIV I'.. “2.: (3)} N (2) 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-800, Proofof Firearms Tumed In, Sold, or Stored,for the receipt.) c. a The court has received information that you own or possess a firearm. 0 Possession and Protection of Animals m Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The pcrson in® ls given thc sole possession, care, and control ofthe animals listed below. which arc owned, possessed, leased, kept. or held by him or her, or reside in his or her household. (ldermfil animals by, e.g., Wpe, 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 w Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end of this Order on Attachment 9. To the Person in 0: Mandatory Entry of Order Into CARPOS Through CLETS This Order must bc 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-service form into CARPOS. b. Q The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS. c. D By the close of business on the date that this Order is made, the person in ®or his or her lawyer should deliver a copy ofthe Order and its proof-of-service form to the law enforcement agency listed below to enter into CARPOS: Name 0f law Enfofcemem Agencx Address (Cm, Stare, Zia) D Additional law enforcement agencies are listed at the end of this Order on Attachment 10. This is a Court Order. “'M"“"""-‘°"-“"‘"'°" ‘°"" Temporary Restraining Order (CLETS-TCH) CH-11o, Page 3 0:96cmfig (Clvll Harassment Prevention) ??“WUUQWZ ® No Fee to Serve (Notify) Restrained Person m0rdered D Not Ordered The sherifi'or marshal will serve this Order without charge because: a. m The Order is based on unlawful violence, a credible threat of violence, or stalking. b. D The person in® is entitled to a fee waiver. chned 294/2021 01:23 PM® Number ofpagcs attached to this Order, ifany: D CCM (A (Q/utfm Judicial Officer CAROL OVERTON Warnings and Notices to the Restrained Person in 9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy 0r try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. lfyou do, you can go tojail and pay a $1,000 fine. You must seIl lo or store with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that you have or control as slated in item ® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order lfydu have been personally served with this Temporary Restraining Ordcr and form CH-109, Notice ofCour! 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 item ®. If this address is not correct or you wish to verify thal the Temporary Restraining Order was converted into n restraining order at lhc hearing without substantive change, or lo find out lhe duration of the order, contact the clerk oflhe court. After You Have Been Served With a Restraining Order - Obey all the orders. . - Read form CH- l ZO-INFO, How Can l Respond to a Requesrfor Civil Harassment Restraining 0rders?, to learn how lo respond to this Order: - lfyou want to respondyfill out form CH-lZO, Response lo Requestfor Civil Harassment Restraining Orders, and file it with lhc coun clerk. You do not have to pay any fee to file your response ifthe Request claims that you inflicted or threatened violence against or stalked the person in@. - You must have form CH-120 served by mail on lhe person in ® or that person’s anomcy. You cannot do this yourself. The person who does the mailing should complete and sign form CH-250, ProofofSewice ofRespanse by Mail. File the completed proofof service with the coun clerk before thc hearing date or bring 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 of the facts. You may use form MC-030, Declaration, for this purpose. It is available from the clerk's office a! the court shown on page l ofthis formor at www.com'ls.ca.gov/forms. Ifyou do not know how to prepare n declaration. you should see a lawyer. This Is a Court Order. ""“'°,"'““"”°"-“"‘““'"°"“ Tempora Restrainin Order CLETS-TCH CH-11o. p 4 15CB 55'5”“ ?ClvilHarassmgent Preve(ntion) ) age 0-)um m_mfi' :‘1"“'f’"m::9&az, - Whether or not you file a response, you should attend the hearing. Ifyou have any witnesscs, they must also go 'o the hearing. - At the hearing, the judgc can makc restraining orders against you that Inst for up to five years. Tell thejudge why you disagree 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 tfie order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). lfthc law enforcement agency has no! received proof ofservice on the restrained person, thc agency must advise the restrained person ofthc terms ofthc order and then must enforce it. Violations of this order are subject to criminal penalties. Start Date and End Date of Orders This order start: on the date next to thejudge's signature on page 4. The order end: on the expiration date in item @on page 1. Arrest Required if Order ls Violated Ifan officer has probable cause to believe that the restrained person had notice of the order and has disobcyed the order, the officer must arrest the remained person. (Pen. Code, §§ 836(c)(1). 13701(b).) A violation of the order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NoticelProof of Service _ . The law enforcement agency must first determine if the restrained person had notice of the order. Consider the restrained person “served" (given notice) if(Pen. Code, § 836(c)(2)): o 111: officer sees a copy ofthe Proof ofService or confirms that the ProofofScrvice is on file; or . 111: restrained person was informed of the order by an officer. An officer can obtain infomation about thc contents ofthe order and proofofservicc in CARPOS. lfproofofservice 01'1 the restrained person cannot be vcri fied, the agency must advise the restrained person of the terms ofthe order and ghen enforce it. . If the Protected Person Contacts the Restrained Person Even if the protected person invites or consents lo 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 order can be changed only by another court order. (Pen. Code, § [3710(b).) This is a Court Order. “““’”'"'"’°""‘"'"’°"""" Temporary Restraining Order (CLETS-TCH) CH-no, pages“; CEB'{m (Clvll Harassment Prevention) 'Ca hr: 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-OOI) and is more restrictive than other . restraining or protective orders, i! has prcccdcncc in enforcement ovcr all other orders. 2. No Conlact Order: If there is no EPO, a no-conlacl order lhat is included in a restraining or protective order has precedence over any other restraining or protective order. 3. Criminal Order: lfnone ofthe 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 ordex. Any nonconflicting tcm1s of ' the civil restraining order remain in effect and enforceable. 4. Family. Juvenile. or Civil Order: 1f more than one family,juveni[c, or other civil restraining or protective order has becn issued, the one that was issued last must be enforced. Clerk's Certificate [seal] Ruined Januq L 1M1. “mumFm ' Essential £92 Iran. .m (Clerk willfill our Ilu's part.) -Clerk's Certificate- lqerjify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Date:___- Clerk, by _________ , Deputy This is a Coutt Order. Temporary Restraining Order (CLETS-TCH) CH-11o, macaw (Clvil Harassment Prevention)
