Order Temporary Restraining OrderCal. Super. - 6th Dist.February 25, 2021CH-1 1 O Temporary Restraining Order Gem stamps dare here when fotm is filed. Filed Person in (D must complete irems@ .® and© only. Protected Person . a. YourFullNamc: mna hm'ALo Leg Your Lawyer (g'fyou have onefor this case): Name: State Bar No.: Firm Name: March 1. 2021 , Clerk 0f the Court Superior Court of CA County of Santa Clara 21CH009889 By: msorum b, Your Address (lfyou have a lawyer, give your lawyer’s information. Ifyou do no! have a lawyer and wan! to keep your home address F51 :En court name and Street address: private, you may give a dxfkrem mailing address instead. You do not Superior Court of Caiifornla. County of have to give telephone. fax, or e-maiL): Addms: Seq Cheyenne We Sam CLARA Supen‘or Court City: gan 30% State: g5 Zimfilzg ?gzilgixgfigna Telephonac 0 X ?:HDIS” F33“ NIH SanJose,CA§5113 BMaiIAddrcss= Aam ed lees). (om Court fills In case number Mien form Is filed. Restrained Person FullName: Gina H-m.&“ Description: Case NimxefiHoo 98 a 9 Sex: D M ® F Height: r: ' 6 Weight: lag) Dal: ofBirth: OS h'bkeg Hair Color. Dim In Eye Color: Braujn Agczsz Race: {V1 326d City: 6M 3'0 SL Relationshipto Protected Person: N0 (umh‘o, Home Address (:flmown): H Oi deagm Dr State: CH Zip: QSLZB Gina ‘is anoTherpaJw 4+ mg Additional Protected Persons dqu/u-czrsxhqnl In addition t0 thc person named in ©. the following family Or household members ofthat person are protected by the temporary orders‘indicated below: Household Member? Relation to Protected PersonFullName E Age Amelia Lac F Io wot L194; m um E Yes D No Damhi-er Q Yes D No HOSba-nél D Yes D No' D Yes D No U Check here ffthere are addilional persons. List them on an atrached sheet ofpaper and write "Attachment 3-- Additional Protected Persons " as a title. You may useform ® Expiration Date MC-025, Attachment. The court will complete the rest ofihisform. This Order mire: at the end ofthe hearing scheduledfor the dale and time below: Date: . Time: __ _ D am. ' p.m. This is a Court Order. mwfigwyflfim“w Temporary Restraining Order (CLETS-TCH) CH-"O. Peso 1 0'8mummfiwfi mama (CM! Harassment Prevention) 9WWW Case Number: oamunnggg9 I LIIIIVU i To the Person ine; The court has granted the temporary orders checked as granted below. Il'you do not obey these orderstyou can be arrested and charged with n crime. You may be sent to jail for up to one year, pay a fine ofup to $1,000, or both. Personal Conduct Orders E] Not Requested m Denied Untilthe Hearing D Granted as Follows: a, You must not do the following things to the person named in® fl and to the other protected persons listed ih @: (l) fl Hamss, intimidate, molest, altack. strike, stalk, threaten, assault (sexually or otherwise), hit, abuse, dutroy personal property of, or disturb the pace of the pemon. (2) Contact thc person, either directly or indirectly. in any way, including, but not limitcd torin person, by telephone, in writing, by public or private maiI, by interofficc mail, by e-mail, by text message, by fax, or by other electronic means. ' (3) Take any action to obtain the person‘s addrdss or location. Ifthis item (3) is not checked, the court has found good cause not to make this order. (4) D Other (specify): D Other persona] conduct orders arc attached at the end ofthis 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 have your papers served‘by mail on the person in ®. ' ® Stay-Away Order - D Not Requested E Denied Unti] me Hearing D Granted as Follows; a. You must stay at least 5! ) yards away from (check all that apply): (l) m The person in © (7) [:1 The place of child care oflhe children of (2) a Each person in© the Person in© (3) m The home ofthe person in® (8) fine vehicle ofthe person in ® (4) D The job or workplace ofthe person (9) D Other (specw): in ® (5) D The school ofthe person in ® (6) m_The school ofthe children ofthe person in b. This stay-away order does not prevent you from going to or from your home or place ofcmploymem. ® 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, 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 control. This must be done within 24 hours ofbcing served with this Order. This is a Couft Order. ““hm“ 7°” Temporary Restraining Order (CLEl'S-TCH) CH-"O- P396 2 0'6 (Civll Harassment Prevention) ‘9 Case Number: ZICHUO 9889 (2) File a receipt with the court within 48 hours ofrcceiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may useform CH-800. Proof of Fireanns Turned In, Sold. 0r Stored,for the receipt.) c. D The coun has received information that you own or possess a firwn'n. Possession and Protection of Animals Q Not Requested D Denied Untllthe Hearing D Granted as Follows(specitj/): 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. fldennfl animals by, e.g., ope, 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, thrmtcn, harm, or otherwise dispose of, the animals listed above. ® Other Orders Q Not Requested D Denled Untilthe Hearing D Granted as Follows (specify): D Additional orders arc attached at the end ofthis Order on Attachment 9. I T'o 'ihh'e P‘e'rsfoni-i'n Q; Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the Califomid Law Enforcement Telecommunications System (CLETS). (Check one): a. D The clerk will enter this Order and its proof-of-servicc form into CARPOS. b. fine clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered mto 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 of the Order and its proof-of-servicc form to the law enforcement agency listed below to enter into CARPOS: m Adgm Qua. me. 2122 D Additional law enforcement agencies are listed at the end of this Order on Attachment 10. This is é Court Order. Temporary Restraining Order (CLETS-TCH) CH-110. Pageants (Clvll Harassment Prevention) '9 Rot. Mm f5. 2019 “”MFT’EHUO 98 e 9 ® No Fee to Serve (Notify) Restrained Person [:1 Ordered m Not Ordered The sheriffor marshal will serve this Order Without charge because: a. D The Order is based on unlawful violence, a credible threat ofviolcnce, 0r stalking. b. D The person in @s entitled to a fee waiver. Signed: 212612021 03:42 PM ‘ ® Number of pages attached to this Order, if any: Date: 2-26-2021 -- CWU/C W_%Oq Judicial Officer ’Wal’nlngs afidl Noticesto thg; Rgéjtaihed Piersoniir‘i 9 You Cannot Have Guns or Firearms You cannot own, have, possess, buy or 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 tojai] and pay a $1,000 fine. You must sell to or store ‘ with a licensed gun dealer, or tum in to a law enforcement agency, any guns or other firearms that you have or contrql as stated in item® above. The court will require you to prove that you did so. Notice Regarding Nonappearance at Hearing and Service of Order [f you have been personally served with this Temporary Restraining Order and form CH-109, Notice 'ofCémrl 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®. 1f this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change. or to find out the duration of the order, contact the clerk of the co'urt. After You Have Been Served With a Restraining Order - Obey an me orders. ’ ' Read form CH-IZO-INFO, How Can [Respond to a Requeslfor Civil Harassment Restraining Ordersfl to leam how to respond to this Order. ' [fyou want m respond, fill out form CH-120, ReSponse to Requesrfor 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 violence against or stalked the person in®. - You must have form CH-IZO served by mail on thc person in ®or that pemon‘s attorney. You cannot do this yourself. The person who does the mailing should complete and sign form CH-ZSO, ProofofService ofResponse by Mail. File the completed proof ofservice with the coun clerk before the 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 at the court shown on page l ofthis form or at www.courts.ca.gov{forms. lfyou do not know how to prepare a declaration, you should see a lawyer. I “WMW‘S' 2°” Temporary Restraining Order (CLETS-TCH) CH-110- P899 4 0f 5 (Clvil Harassment Prevention) '9‘ Case Number: --2-_1=&H:&9:9.8;fl§= - Whether or not you file a response, you should attend the hearing. Ifyou have any witnesses, they must also go to the hearing. - At the hearing, thcjudgc can make restraining orders against you that last for up to five years. Tell thejudge why you disagree with the orders requested. _lnstrqciions;'f9.fi .-,L_'_aw.Ehf,o‘rceme‘rjt ' Enforcing the Restraining Order This order is enforcmblc by any [aw cnforccmcnt agcncy’that has rcccivcd ’thc order, is shown a copy ofthc order, or hzgs 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 rcstmined person of the terms ofthe order and then must enforce it. Violations ofthis order arc subject to criminal penalties. Start Date and End Date of Orders This order starts on the date next to thejudgc’s signature on page 4. T111: order ends on the expiration date linlitem © on page I. ' Arrest Required if Order ls Violated [fan officer has probable cause to believe that the restrained person had notice ofthe order and has disobcyed the order, the officer must arrest the restrained person. (Pen. Code. §§ 836(c)(1), 1370 l(b).) A violation ofthc order may be a violation of Penal Code section I66 or 273.6. Agencies an: encouraged to enter violation messages into CARPOS. NoticeIProof of Service The law enforcement agency must first determine if the restrained person had notice of the order. Consider the rcstmined person “served” (given notice) if(Pen. Code, § 836(c)(2)): - The officer secs a copy ofthe ProofofService or confirms that the Proofof Service is on file; or ° Thc restrained person was informed ofthc order by an officer. An officer can obtain information about the contents ofthc order and proofofscrvice in CARPOS. prroofofservice on the restrained person cannot be verified, the agchy must advise thc restrained person ofthe terms ofthe order and then enforce it. If the Protgcted Person Contacts the Restrained Person Even ifthc protected person invitm 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 order can be changed only by another court order. (Pen. Code. § l37lO(b).) This is a 'C_ourt Qtfler. m-“m‘m” Temporary Restraining Order (CLETS-TCH) CH-110. Pagews (Civil Harassment Prevention) '9 °N"‘2‘TT:H009889 Conflicting Orders-Prlorltles for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (see Pm Code.§ i36 2; Fam. Code, §§ 6383(h)(2) 640503)): l. EPO: [fonc of the orders is an Emergency Protective Order (form EPO-OOI) and is more rwtrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. No Contact Order: If there is no EPO, a no«contact order that is included in a mmining or protective order has precedence over any other restraining or protective order. 3. Crfmr’nal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement ovcr any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable. Family. Juvenile, or Civfl Order: Ifmorc than onc family,juvcni1e, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. Ex) f- (Clerk willfill 0m this part.) Clerk‘s Certificate --Clerk's Certificate-- [5901] I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court. Dage: Clerk, by , Deputy This is a Court Order. MW "3°” Temporary Restraining Order (CLETS-TCH) CH-110- P896 W6 (Clvll Harassment Prevention)
