Order Temporary Restraining OrderCal. Super. - 6th Dist.March 18, 2021_ , Clerk stamps dale here when form is mod. CH-1 1 O Temporary Restraining Order Parson in G) muxl complete iwmx© ,® and® only, Filed P t t d Person March 22, 2021m ec e ' fthe Court , . A Mr AV 1 ' Clerk pa. X our Full Name. NC (m N0 (1nd; Ll 5 3g Superior Court of CA Your Lawyer (zfyou have onefar this case): County of Santa C|ara Name: State Bar No.2 21 CH009934 Finn Name: By: knguyen b. Your Address (Ifyou hm'e a Iauyer, giveyour lanyer‘s information Ifyou d0 n0! haw u lauyer am! M an! to keep your honw address Fm in court name and streetam“: private, you may give a different mailing address instead. You do no! Superior Court of Callfomia. County of have to give telephone, flu, orc-mail): Santa Clara Address: m 5 ‘ k“) c A D C le Dmsmn . . ‘ S t Z. . 6 191 North First Street C'W- 5cm >6 "C ““c- LL ‘P- ___3_14 ‘ San Jose. CA 951 13 Telephone: LR q L43; fl '3 \ Fax: E-Mail Address: Court fills in case number when form is filed. Restrained Person ca” "um“ FullName: VVWHEAK c)((rfino (lg (CALM) ZICH00993A Description: Sex: [j M [3/F Height: S 5 Weight; \ 5 Q Dazeoerh: T Hair Color: ‘32 own Eye Color: Q ., _» ,V m Age: Lib Race: latil' n5 Home Address(ifknown):m Ma “Mtg Ha») ho" 'Zo\ (50‘_8A‘|nqn. J I v J J City: Sam 5p kc. Stme: ( A Zip: 65 ll l Relationship to Protected Person: AD“ {,1N n+ M A n ‘ S C r m/Additional Protected Persons 1n addition to thc person named in (D the following family or household members of that person arc protected by the temporary orders indicated below: Full Name S_cx Age Housgbold Member? Relationto Protected Person 0014mm pm . V5.19? Fig Mes a No [I (m (.5 hymn: Nulb- gawzegf’g :1” 3 Ms D No 50A.) vaach NORMA} Lntrzqhs Ms D No DayanW . , JD \cs D No D Check here t_‘fthere are additional persons; List them on an attached sheet ofpaper and write "Attachment 3- Additional Protected Persons " as a title. You may useform MC-025, Attachment. The court m'll complete the rest ofllu'sform. ® Expiration Date This Order expires at the end ofrhc hearing scheduledfar the date and time below: Date: 05/1 1/2021 Time: 2;00 D a.m. p.m. This is a Court Order wwggmfif’“w Temporary Restraining Order (CLETS-TCH) CH-110. Pa9e1ofe macaw. sssmwwa (Civll Harassment Prevention) 9Whoa) Case Number: 21CHflfl99 34 To the Person inO : The court has granted the temporary orders checked as granted belo“. lfyou do not obey these orders, you can be arrested and charged “ith a crime. You may be sent lo jail for up to one year, pay a fine of up to $1.000. or both. Personal Conduct Orders D Not Requested D Denied Until the Hearing m Granted as Follows; a, You must not do the following things to the person namcd in (Dm and l0 the other protected persons listed in ® (l) Harass. intimidate, molest, attack. strike. stalk. threaten. assault (sexually or otherwise). hit, abusc, destroy personal properly of, 0r disturb lhc pcacc 0f lhc person. (2) Contact the person. either directly or indirectly. in any way, including. but not limited to, in person. by tclcphonc. in writing. by public or prixatc mail. by interomce mail. by c-mail. by text message, by fax. or by other electronic means. (3) Take any action lo obtain the person's address 0r location. lfthis item (3) is not checked, the court has found good cause not lo make this order. (4) m Othcr (Speclfi'): U Other persona! conduct orders arc attached at the cnd ofthis Order on Attachment 53(4). As sole exception to the personal conduct orders in this section, you may communicate in writing with the protected persons in (1 ) and (3) as necessary for purposes of performing required property management functions for which you are responsible, smong as any7all written commumcatnons are profeSSIonaI and cordial adn not for any harassmg purpose. b, Peaceful written contact through a lawyer or u process sun cr or othcr person tor service of legal papers related t0 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 NotRequested D DeniedUntiltheHearing m Grantedas Follows: a. You must stay at lcasl c 0 yards away from (dwck all that appb'): (l) fi The pcrson in (D (7) D The place ofchjld care ofthe children of 2) g Each person in® the Perm" in (D (3)fl The home ofthe person in G) (S) D 'Ihc vchiclc ofthc person in G) (4) D The 10b 0r workplace 0f [he Person (9) m ()thcr (spccifi-I: As sole exception to the 300-yard stay-away m ® orders in this section, while at the residential premises where the (5) D 11m school Ofthe person 'm ® pro‘ected persons in (1 ) and (3) reside for the purpose of carrying out _ legitimate propefiy management Buttes you must stay at least (6) D The schOOI 0f1he Children 0fth¢ 20 feet away‘fronrthenramreach-of-them._- person in ® b. This stay-away order docs not prevent 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 lo receive. 0r in any other way get 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 other fircanns in your immediate possession or cum ml Ihis must be done “ithin 24 hours ofbcing served with this Order. . . Thus Is a Court Order. MW '5 ”‘9 Temporary Restraining Order (CLETS-TCH) CH-"Ov P39e20'6 (Civil Harassment Prevention) ‘9 Case Nu? ?EH009934 (2) File a receipt with the coun within 4S hours ofreceiving this Order that proves that your guns or firearms have been turned in. sold, or smrcd. (You may usujbrm CH-SOO, Proofof Fireamms Turned In. Sold. or Stored.for the receipt. ) c. D The coun has received information that you own 0r possess a firearm Possession and Protection of Animals K Not Requested D Denied Until the Hearing D Granted as Follows (specify): a. E] The person in® is given the sole possession, care. and control of the animals lisXcd below, which arc owned, possessed. leased, kept. or held by him 0r her, 0r reside in his or her household. (Idenlifi' animals by, e.g., type, breed. name, color. scx.) 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 KNotRequested D Denied Untilthe Hearing D Granted as Follows (specify): D Additional orders arc attached at the end of this ()rdcr 0n Attachment 9. To the Person inO: Mandatory Entry of Order Into CARPOS Through CLETS This Order must be entered into the Califomia Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one).- a. D 'nxe clerk will enter this Order and its proof-of-scn'icc form into CARPOS. b. The clerk will transmit this Order and its prooflof-service form to a law enforcement agency to be entered 'nto CARPOS. c. D By the close of business on the dale that this Order is made, the person in® or his or her lawyer should deliver a copy othe Order and its proof-of-service form to the law enforcement agency listed below to cntcr into CARPOS: w , EIIH:.IS.,Z. D Additional law enforcement agencies arc listed a1 lhc cnd 0fthis Order 0n Attachment 10. This is a Court Order "nW ‘im Temporary Restraining Order (CLETS-TCH) CH'110- Pa9°3 0'6 (Civil Harassment Prevention) '9 Case Number: ® No Fee to Serve (Notify) Restrained Person E Ordered D Not Ordered The sheriffor marshal will scrvc this Ordcr without charge because: a. m 1h: Order is based on unlzm ful x iolencc. a crcdiblc threat ofviolcncc. or stalking. b. a The person in @s entitled to a fcc waiver. Slgned 3/22/2021 09:37 AM @ Number of pages attached to this Order. if any: Date: 3-22-2021 - [j014M (O/U/Lgéfl’] Ju‘m-m/ Offic""‘ CAROL OVERTON Warnings and Notices to the Restrained Person in6 You Cannot Have Guns or Firearms You cannot own. hm e. possess, buy or try lo buy. receive or try to rcccivc, or otherwise get guns, other firearms, or ammunition “hi1: this Order is in efl‘ect. lfyou do, you can go lo jail and pay a S] ,OOO fine. You must sell lo or store with a licensed gun dealer. or tum in to a law enforcement agency. any guns or other firearms that you have or control as stated in item :7: above. Thc 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-109, Notice ofCourl Hearing, but you do not appear at thc hcaring either in person 0r by a la“ yer, and a restraining order that is the same as this Temporary Restraining Order except for lhc expiration date is issued at the hearing. a copy of the order will bc served on you by mail at the address in ilcm®. 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 substantive change. 0r to find out the duration of thc order. contacx the clerk ofthc court. After You Have Been Served With a Restraining Order ' Obey all the orders. - Read form CH-lZO-INFO, How Can l Respond (0 a Requcstjlv Civil Hannsmcnl Restraining Ordc’rsf’. to learn how to respond lo this Order. ° Ifyou want to respond, fill out form CH-I 20. Rusponsc r0 Requestfnr Civil Harassment Restraining Orderx, and file it with the coun clerk. You do not have to pay any fee to filc your response if the Request claims that you inflicted or lhrealcncd violence against or stalked the person ind). - You must hmc form CH-l 20 served by mail on the person in @or that person's attorney. You cannot do this yourself. Thc person who docs the mailing should complete and sign form CH-ZSO, ProofofSen-ice ofResponse by Mail; Filc the completed proofofscrvicc with Ihc court clerk bcforc the hearing date or bring it with you to the hearing. - In addition to lhc response, you may file and have declarations served. signed by you and other persons who have personal knowledge of lhc facts. You may use form MC-030, Dcclarurion, for this purpose. II is available from the clerk‘s office at the court shown on page l of this form or at mm:courts.m.gmvj'tbrms. If you do not know how lo prepare a declaration, you should sec a lawyer. This is a Court Order. R"mum Temporary Restraining Order (CLETS-TCH) CH-110. Paeuofa (Civil Harassment Prevention) 9 CaseMm“ 00 99 3 4 ° Whether 0r n01 you file a response. you should attend the hcurmg. lt‘you hue any witnesses. the) mus! also g0 to the hearing. ' Al the hcan'ng. the judge can make restraining orders against you that last for up to five years. Tell the judge why you disagree with thc orders requested. Instructions for Law Enforcement Enforcing the Restraining Order This order is enforceable by any law cnr‘nrccmcnt agency that has rcccived the order. is shown a copy oflhe order, or has verified its existence 0n [he California Restraining and Protectivc ()rdcrs System (CARPOS). lflhc law enforcement agency has not received proof of senice on the restrained person. lhc agency must advise the restrained person of the terms oflhc order and thcn must enforce it. ViolatiOns ofthis order arc subject lo cn'minal penalties. Start Date and End Date of Orders This order starts on the dale next to the judge's signature on page 4. The order ends on the expiration date in item ® on page l. Arrest Required If Order ls Violated [fan officer has probable cause to believe that lhc restrained pcrsnn had notice of the ordcr and has disobcycd the order. the officer must arrest the restrained person (Pen. Code. §§ 836(c)( l ). 13701 (b).) A violation ofthc order may be a x iolation ochnal Code section 166 or 273.6. Agencies arc cncoumgcd t0 cntcr violation messages imo CARPOS. NoticelProof of Service 111: law enforcement agency must first determine if the rcstraincd person had nolicc of the order. Considcr the restrained person “served" (given notice) if(Pcn. Code, § 836(c)(2)): - The officer sces a copy of the Proofof Sen icc 0r confinns lhal the Proofof Service is 0n file; or ~ The restrained person was infommd of lhc order by an officcr‘ An officer can obtain infomlation about thc contents of the order and proofof service in CARPOS‘ lt‘proof of service on thc restrained person cannot be verified. the agency must advise thc restrained person of the terms of the order and then enforce it. If the Protected Person Contacts the Restrained Person Even ifthc protected person invites or consents lo contact with the restrained person. this order remains in effect and must be enforced. The prolcctcd person cannot be arrested for inviting or consenting to contact with the restrained person. 111C order can be changed only by another coun order. (Pen. Code, S 1371mm.) his is a Court Order ""W “-2“ Temporary Restraining Order (CLETS-TCH) CH-110. Paces!” (Civil Harassment Prevention) '9 Case Number: 21CH009934 Conflicting Orders-Priorities for Enforcement If more than one restraining order has been issued, the orders must be enforced according to the following priorities (sec Pen. Code, § 136.2; I-‘am. Code. §§ 6383(hx2), 6405(b)): l. EPO. If onc of the orders is an Emergency Protectiu- Oniur (fom1 EPO-OOI ) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders. . No Conrad ()nicr: Ifthcrc is no EPO. a no-contact ordcr that is included in a restraining 0r protective order has precedence over any other restraining or protectixc order. 3. Criminal Order: If none of thc orders includes a no contact order, a domestic violence protective order issued in a criminal casc takcs precedence in cnforcemcm over any conflicting civil coun order. Any nonconflicting terms of thc civil restraining order remain in effect and enforceable. 4. Family. Juwnilc. or Civil Order: lfmorc than one family. juvenile, or other civil restraining or protective order has bccn issued, the one that was issued last must bc enforced. Ix) ((‘lcrk u'illfill nu! Ibis part) Clerk 's Certificate ---C|erk's Certificate- [SWI/ I certify that this Tympomn' Ruvrraining Order is a true and correct copy of the original on filc in the court. Date: Clerk. by . Deputy This is a Court Order Mmum Temporary Restraining Order (CLETS-TCH) CH-11°.P39960'6 (Civil Harassment Prevention)
