Order Temporary Restraining Order

Cal. Super. - 6th Dist.March 4, 2021

C H-1 1 0 Temporary Restraining Order C”m” ”"m" "M" ’°”"“W Filed Person in C1) must complete item:® ® and ®onl}: March 8, 2021 Protected Person - Clerk of the Court a. YourFuu Name: x) “3"“ me hm H“ H'r'wn‘“ Superior Court of CA Your Lawyct (ifyou have onefor this case): County of Santa Clara : _:__L__!L_ .:______N’amc ' SB" Re resell d State Bar No 21CH009909 Flrm hams:JERE- B .y. knguyen b. Your Address (Ifyou have a lawyer, give your lawyer‘s information. lfyou d0 no! have a lawyer and wunl lu Me your home address F" m com “me ”dm“m“ private, you may I've a diflerenl mailing a dress instead You dz) m)! Superior Court of Califomla, County of have to give relep one, fat, or e-mail.): S taCla Address: \JH E050 [Pk §‘Y<‘* 90* 52- 19a1nN,Fir;?Street City: L&mfiy-SmeFLZip; ‘3 8'02 c; 191 N. First Streetw E-Mail Address: Cour! fills 'n case number when Iorm b id. Cu. Numbor:® Restralned Person FullNamc230mc‘v» L‘Ibfina LM‘ AVON ZICHHHQQHQ ‘ Description: Sex:D M B’F Height:1L- Weigm: ‘ “*0 “' Dare orBinh; O fl ‘ Q L‘ ' '7 q Hair Color:L. Eye Color: WW“ Ag: Ll l Race; L QH n ck Home Address (ifknmvn): U H Edd; 1+“ 9r" 1 A (’1 2- Cityi C/‘me’! Stale: k Relationship lo Protected Person: M&A' BDNQ (Ii f '\ A fix QIW‘ f(‘md 4 G) D AdditionalProtected Persons In addition to the person named in (D. the following family or household members ofthat person are protected by . the temporary orders indicated below: ‘ MIN $53 Ans HMIdM r?WW D Yes D No D Yes D No D Yes D No D Check here Iflhere are additional persons. Us! them on an attached sheet ofpaper and write "Attachment 3- Addin'unal Protected Persons " as a IiIIe. You may useform M0025, Attachment The court will complete the res! ofthisform, ® Explratlon Date This Order expires at the end ofthe hearing scheduledfor the date and tin below: Date: Kl R 2 i 202‘ Time:AQ- Dlm. 8pm. This is a Court Order. “Mi?“ "“1“” Tem ora Restrainin Order CLETS-TCH cu-110.P-9.1aomWTfumu..."m. p ?&vuHarassmegmpreverfiuon) ) ROHCI n wannaW" Elfin ”WICH009909 To the Person in 0: The court Ins granted the temporary orders checked as granted below. lfyou do not obey these orders, you cnn be "rested and charged with a crime. You may be sent lo jail l'or up to one year. pay I {inc of up to $1,000, or boll. Personal Conduct Orders D Not Requested DDenied Until the Hearing meranted as Follows: a. You must lot do the following things to the person in CD and to the other protected persons listed in @2 (l) E Harass. intimidate. molest. mack. strike. stalk. threaten, assault (sexually or otherwise). hiL abuse. destroy personal property of, or disturb the peace of lhc person. (2) m Contact the person. either directly or indirectly. in Iny way. including. but not limited to. in person. by telephone. in writing. by public or private mail. by interoflice mail. by c-mail. by text message. by fax. or by other electronic means. (3)” Take any action to obtain the person‘s address or location. lfthis ilcm (3) is not checked. the coun has found good cause not to make this order. (4) m omcr (specifiy- The restrained person shall not use social media as a means of of harassing the protected person. Other personal conduct orders arc attached at the end ofthis Order on Anachfncnt 53(4). L L u IA 1 P 1 LA.‘._ chuw'ad. FLCUVJ 5w~u Mt rrz; v ovv-x vv-Ifiyr' Ir“ w“ ur-l 4‘ . “4. '1 JL JA‘MN" I ’ “t~ b. Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a coun case is allowed 1nd docs not violate this order. However. you may have your papers served by mail on the person in (D. ® Stay-Away OrderD Not Requested D enled Until the Hearing m Granted as Follows: a. You must stay at least x yards away from (check all that apply): (l) m The person in® (7) D The place ofchild care ofthc children of (2) D Each person in® the person in ® (3) m The home ofthe person in® (8) m The vehicle ofthc person in® (4) m Thcjob or workplace ofthc person (9) D Other (spec: ). in® 4’““’3‘:w Shim < *M TL-xug-v- (5) D The school ofthe person in (D m' m“ l; mw‘ ; I v L u; «?:(14 (6) D 111: school ofthc children ofthe n “a.gz‘ch LAMIK pcrson in® b. This slay-away order docs not prcvcnt 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 gel guns. other firearms. or ammunition. b. You must: (l) Sell to or store with a licensed gun dealer. or tum in to a law enforcement agency. any guns or olhet firearms in your immediate possession nr control, 111k must bc donc within 24 hours ofbcing served with this Order. This is a Court Order. “M’M‘ ”'7Wm Tempora Restrainin Order CLETs-TCH cumo. momsmi” ?Civll Harassmegnt Prevolgtion) ) '9d.m CauNumber: a 4 sung 99 99Y thlu (2) File a receipt m'th [he court within 48 hours ofrecei» ing {his Order that proves that your guns or firearms have been turned in, sold, or stored (You may usuform ('H~800, Proof of Firearms Turned ln. Sold. or Stored.f0r the receipt.) c. D The court has received information that you own or possess a firearm. ® Possession and Protection of Animals Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. D The person in® is given the sole possession. care, and control ofthc animals listed below. which arc owned. possessed, leased, kept. or held by him or hcr. or reside in his or her household. (Identify animals by, e‘gu type. breed, name, color, :ex ) b. D 111: person in® must stay al lcast 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 SQ Not Requested D Denied Until the Hearing D Granted as Follows (specify): D Additional orders are attached at the end oflhis ()rdcr on Altachmcnt 9. To the Person in 0: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the California Rcstraining 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-servicc form into CARPOS. b. m The clerk will transmit this Order and its proof-of-scrvicc form to a law enforcement agency lo 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 of the Order and its proof-of-scrvicc form to the law enforcement agency listed below to enter into CARPOS: Elmc of Law Enforcement Agency Ci Stare Zi D Additional law enforcement agencies are listed al the end ofthis Order on Attachment 10. This is a Court Order. """“"""‘-’°"""“"""" Tem ora Restrainin Order CLETS-TCH cnmo. moan(Elm p f(yClvll Harassmgnl Prevesmon) ) '9.-m No Fee to Serve (Notify) Restrained Person m0rdered D Not Ordered The sheriff or marshal will serve this Order without charge because: a. m The Order is based on unlawful violence, a credible threat ofviolcncc. or stalking. b. D 111: person in® is entitled to a fee waiver. ® Number of‘pagcs attached to this Order. if any: ____ S-gned‘ 3/812021 03 05 PM Dm- 3‘8‘2021 C04 at W‘fon ' Judicial (ztiicer CAROL OVERTON Warnings and Notices to the Restrained Person in 0 You Cannot Have Guns or Firearms You cannot own, have. possess, buy or tr) t0 buy. receive or try lo rccchc, 0r othcmisc get guns, other firearms. or ammunition while this Order is in effect. lfyou do. you can go tojail and pay a SLOOO fine. You must sell to or store m'th a licensed gun dcalcr. or turn in to a law enforcement agency, any guns or other firearms that you have or control 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 If you have been personally served with this Temporary Restraining Order and form CH-l 09, 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 ofthc order will be served on you by mail at the address in item® If 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 substanlive change. or to find out the duration of the order. contact the clerk of the court. After You Have Been Served With a Restraining Order o Obey all the orders. o Read form CH‘IZO-INFO. How Can l Respond (o a Requestfor Civil Harassment Restraining 0rders?. to learn how to respond to this Order. - lfyou want lo respond. fill out form CH-l 20, Response to 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 violence against or stalked the person in (D. - You must have form CH-IZO served by mail on the person in (D or that person‘s attorney. You cannot do this yourself. 111: person who does the mailing should complete and sign form CH-250, PraofofSen'l’ce ofResponse by Mail. File the completed proofofsen‘ice with the court 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 usc form MC-O30, Declaration, for this purpose. l! is available finm the clerk's office at the court shown on page l of this former at www.courls.ca.gowforms. If you do not know how to prepare a declaration, you should see a lawyer. This is a Court Order. “MW‘-’°"-"""""°'” Tem ora Restrainin Order CLETS-TCH CH-11o, p(m‘M p ?Clvll Harassmgent Preve(ntlon) ) ”a ‘ 03‘- °""2T’U'H oo 99 o 9 - Whethero: not you file a response. you should attend the hearing. If you have any witnesses. they must also go to the hearing. o Al lhc hearing, thejudgc can make rcstraining orders against you that last for up to five years. Tell thcjudgc why you disayu with the orders requested. Instructions for Law Enforcement Enforcing tho Restralnlng Order This order is enforceable by any law enforcement agency thal has received the order. is shown a copy of the order. or has verified its existence on the California Restraining and Promctivc Orders System (CARPOS). lfthe law enforcement agency has not received proof of service on the restrained person. the agency must advise the restrained person of the terms of thc order and then must enforce it. Violations of this ordcr are subject to criminal penalties. Start Date and End Date of Orders This order starts on the date next to thejudge‘s signature on page 4. The order end: on the expiration date in item ®on page l. Arrest Required if Order ls Vlolated If an 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 restrained person. (Pen. Code, §§ 836(c)( I )_ 1370l(b).) A Violation ofthc order may be a violation of Penal Code section 166 or 273.6. Agencies are encouraged to enter violation messages into CARPOS. NotlceIProof 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 secs a copy of the Proofof Service 0r confirms that the Proof of Service is on file; or o "nie restrained person was informed oflhc order by an officer. An officer can obtain information about the contents of the order and proof of service in CARPOS. If proofof service on the restrained person cannot be verified. the agency must advisc the restrained person of the terms ohhc 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 cnforccd. 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. § |37lO(b).) This is a Court Order. "Mm”“W """"""" Tem ra Restrainln Order CLETS-TCH cu-11o. p 5a(13.“ p0 WCIVII Harassmgent Prava‘nflon) ) m 9°.-mm “”"mm CH0099 09 Conflicting Orders-Prlofltles for Enforcement If more than one restraining order has been Issued, the orders must be enhrced according to the following priorltles (see Pen. Code. § 136.2; Fam. Code. §§ 63330:)(2). 6405(b)): I. EPO: lf one of the orders is an Emergency Protective Order (form EPO-OOI) and is more restrictive than other restraining or protective orders. it has precedencc in enforcement over all other orders. 2. No Contact Order; If there is no EPO. a no-contact order xhat is included in I restraining or protective order has precedence over any other restraining or protective ordcrl 3. Criminal Order: lf none of the orders includes a no contact order. a domestic violence protective order issued in a cn'minal case takes precedence in enforccmcnt over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in efl‘ect Ind enforceable. 4. Family, Jm‘enile. 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 willfill out this part.) Clerk's Certificate- Clcrk's Certificate [certify that this Temporaor Rexlraining Order is a true and correct copy of the [seal] original on file in the court. Date:_-_. Clerk. by ___ .Dcputy This is a Court Order. M’M‘ """""""°"" Tam ra Restrainin Order CLETS-TCH cu-Ho. p cuew l H p0 ?Clvll Harassmgent Preve(ntion) ) .9..- mm