Order Restraining Order After HearingCal. Super. - 6th Dist.February 26, 2021CNSS ~ chveH Civil Harassment Restraining Order After Hearing CD Pcmm [n CD must complete items®.®, um]® only. Protected Person a. Your Full Name: Mario Pryor Allen Jr Your Lawyer (tfyou have onefor this case) Name: State Bar No.1 Firm Name: Your Address (I/‘you have a lawyer. give your lawyer 's information. Ifyou d0 nor have a lawyer and want to keep your home address ’Lf Clerk stamps date here when form is filed. FILE APR 2 0 2021 County o! Sam cum RF Fill in court name and street address: private. you may give a dgfferent mailing address instead. You d0 n0! superior court of California county of have to give telephone, fax, 0r e-mail.) Santa Clara Address: 302 San Vito Court Civil Division City: San Jose State: CA Zip: 951 16 ‘9‘ North “5‘ Stree‘ San Jose, CA 951 13 Telephone: Fax: E'Mail Addressz Cour? fills in case number when form is filed. Restrained Person Case Number: Full Name: Loretta Barrow 21CH009891 Description: Sex: D M E F Height: 5'5 Weight: 165 Date of Birth: unk Hair Color: Black Eye Color: Brown Age: 60 Race: Black Home Address (ifknown): Unknown City: State: Zip: Relationship to Protected Person: Former Roommate ® D Additional Protected Persons [n addition to the person named in G), the following family or household members of that person are protected by the orders indicated below: Judicial Councn o! California. www coulrs‘ca‘gov Rev. March 15, 2019. Mandatory Form Code of Civil Procedure. §§ 527.6 and 527.9 Approved by DOJ FullName fl Agg Lives with vou? How arethev relatedto vou? 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 (m an attached sheet ofpaper and write “A ttachment 3- Additional Protected Persons " as a title. You may useform MC-025. Attachment. Expiration Date This Order, exceptfor any award oflawyer’sfees. expires at Time; H ‘_ 2 i D a.m. Q’pm. D midnighton (dare): y/z- /z& If no expiration date is written here, this Order expires three years from the date of issuance. This is a Court Order. (CLETs-CHO) (Civil Harassment Prevention) Civil Harassment Restraining Order After Hearing CH-130, Page 1 of69 Ir Case Number: 21CH009891 <5) Hearing a. There was a hearing on (date): Agr 20, 2021 at (time): 9:00 AM in Dept.: 4 Room: (Name ijudicial Qf/icer): Comm. Erik Johnson made the orders at the hearing. b. These eople were at the hearing: (1) fil‘he person in@. (3) D The lawyer for the person in ® (name): (2) D The person in®. (4) D The lawyer for the person in® (name): D Additional persons present are listed at the end of this Order 0n Attachment 5. c. D The hearing is continued. The parties must return t0 court 0n (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. E Personal Conduct Orders a. You must not do the following things to the person named in® D and to the other protected persons listed in @: (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) E Contact the person, either directly 0r 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) E Take any action t0 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) 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 or process server or other person for service of legal papers related to a court case is allowed and does not violate this Order. ® E Stay-Away Orders 3- You must stay at least 300 yards away from (check all that apply): (1) E The person in® . (7) D The place of child care ofthe children of (2) D Each person in@. ‘he person in® - (3) E The home ofthe person in® . (8) E The vehicle of the person in@. (4) E The job or workplace of the person (9) D Other (Specify): in® ' (5) D The school of the person in G) (6) D The school of the children 0f the person in® . b. This stay-away order does not prevent you from going to 0r from your home or place of employment. This is a Court Order. mm" 152°” Civil Harassment Restraining Order After Hearing CH-130: Page 2 0'6 (CLETS-CHO) 9 (Civil Harassment Prevention) Case Number: 21CH009891 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. If you 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 tum in to a law enforcement agency, any guns or other firearms in your immediate possession or control. File a receipt with the court within 48 hours 0f receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You muy usvjbrm CH-800. Proof of Firearms Turned In, Sold, or Stored,fl)r the receipt.) c. D The court has received information that you own 0r possess a firearm. d, D The court has made the necessary findings and applies the firearm relinquishment exemption under Code of Civil Procedure section 527.9(0. Under California law, the person in® is not required to relinquish this firearm (specifj‘ make. model. and serial number Qflirmrnflsy.‘ The firearm must be in his or her physical possession only during scheduled work hours and during travel to and from his or her place of employment. Even if exempt under California law, the person in® may be subject to federal prosecution for possessing 0r 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 Ite Amo n $ $ D Additional items and amounts are attached at the end of this 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 0r her, or reside in his or her household. (Idennfi' 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. ® D Other Orders (specifiy: D Additional orders are attached at the end ot‘ this ()rdcr on Attachment 1 1. Rev. March 15, 2019 This is a Court Order. Civil Harassment Restraining Order After Hearing (CLETs-CHO) (Civil Harassment Prevention) CH-130, Page 3 of 6 a Case Number: 2 1CH009891 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 Califomia Law Enforcement Telecommunications System (CLETS). (Chuck one): a. E The clerk will enter this Order and its proof-of-service form into CARPOS. b. E The clerk will transmit this Order and its proof-of-service form to a law enforcement agency lo 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 of the Order and its proof-of-service fonn to the law enforcement agency listed below to enter into CARPOS: Name of Law Enforcement Agency Address (Cm: Slate. Zip: D Additional law enforcement agencies are listed at the end ofthis Order on Attachment 12. ® Service of Order on Restrained Person a. D The person in® personally attended the hearing. No other proof of service is needed. b. ?The person in® did not attend the hearing. (l) fi Proof of service of form CH-l 10, Temporary Ras'lraining Order. was presented to the court. Thejudge‘s orders in this form are the same as in fonn 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 form are different from the temporary restraining orders in form CH-l 10. Someone-but not anyone in® or @-must personally serve a copy of this Order on the person in® m E No Fee to Serve (Notify) Restrained Person The sheriff or marshal will serve this Order without charge because: a. E The Order is based 0n unlawful violence, a credible threat of violence, or stalking. b. U The person in (D is entitled to a fee waiver. ® Number of pages attached to this Order, if any: Date: April 20, 2021 kW Tu";fl ERIK S. JOHNSON This is a Court Order. Civil Harassment Restraining Order After Hearing CH'130v P3994“ (CLETs-CHO) -> (Civil Harassment Prevention) Rev, March 15. 2019 Case Number: 2 l CH00989I arning 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 or try lo buy, receive 0r try t0 receive, or otherwise get guns, other fireanns, or ammunition while this Order is in effect. lfyou do, you can go 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 or other firearms that you have or control as stated in item above. The coun will require you to 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 0n the California Restraining and Protective Order System (CARPOS). If the law enforcement agency has not received proof of service on the restrained person. and the restrained person was not present at the coun hearing, the agency must advise the restrained person ofthe tenns ofthe Order and then must enforce it. Violations of this Order are subject Io criminal penalties. Start Date and End Date of Orders This Order starts on the dale next t0 the judge's signature on page 4 and ends on the expiration date in item@on page l. Arrest Required If Order Is Violated [fan officer has probable cause to believe that the restrained person had notice oflhe order and has disobeyed it, the officer must arrest the restrained person. (Pen. Code, §§ 836(c)( l ), l3701(b).) A violation ofthe order may be a violation ofPenal Code section I66 or 273.6. Agencies are encouraged Io 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)): The officer sees a copy of the Proqf'q/‘Scn'ice or conflnns that the ProqquSen'ice is on file; or The restrained person was at the restraining order hearing 0r was informed of the order by an officer. An officer can obtain information about the contents ofthe order and proofofservice in CARPOS. prroof of service 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 tenns 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 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, § l37l0(b).) This is a Court Order. “WNW” Civil Harassment Restraining Order After Hearing CH-130v P3965“ (CLETs-CHO) -> (Civil Harassment Prevention) Case Number: 2 1 CHOO9891 Conflicting Orders-Priorities of 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: Fum. Coda. §§ 6383000). 6405(b).) 1. EPO: If one of the orders is an Emergency Protective Order (f0m1 EPO-OOI) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. 2. No-Conruct Order: If there is no 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 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: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced. Clerk 's Certificale (Clerk willfill 0m this part.) [seal] -C|erk's Certificate- I certify that this Civil Harassment Restraining Order After Hearing is a true and correct copy 0f the original on file in the court. Date: Clerk. by , Deputy This is a Court Order. “V-Ma'ch‘im Civil Harassment Restraining Order After Hearing CH-130- P3966“ (CLETS-CHO) (Civil Harassment Prevention)
