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CH-1 10 Temporary Restraining Order
Person in
® must complete ilems© ,
®, and © only.
Protected Person
CD a. YourFullName: SALLEY COSTA
Your Lawyer (ifyou have onefor this case):
Name: MICHAEL J. MARGOSIAN State Bar NO.:82432 RECEIVED
2/10/2021 1:59 PM
Firm Name: Law Office ofMichael J. Margosian
FRESNO COUNTY SUPERIOR COURT
By: C. York, Deputy
b. Your Address {Ifyou have a lawyer, give your lawyer’s information.
Ifyou d0 not have a lawyer and want t0 keep your home address court
Fill in name and street address:
private, you may give a different mailing address instead. You do n01 superior Court of California, County of
have t0 give telephone, fax. 0r e-mail.).' FRESNO
Address: 2505-8 West Shaw Avenue, Suite 170 B'F' SiSk courthouse
1130'0' Street
C. ‘
‘ty' WSW
.
St a t e'
_
CA Z, .
‘P- 937” Fresno, California 93724
Telephone: (559) 268-0076 Faxz (559) 354—0163 Central Division - Civil Unlimited
E-Mail Address: michael@margosianlegal.com Court case number when form
fills in is filed.
Case Number:
Restrained Person 21CECG00405
Full Name: TRAVIS ALEXANDER
Description:
Sex: El
HairCoIor:
Home
M D F
Blondish
Height:
Address ({fknown):
Eye Color:
Weight:
Brown
I72 West Everglade Avenue
Age:
_
Date ofBirth:
Race:
Unknown
Caucasian
City: Clovis State: CA Zip: 93619
Relationship to Protected Person: Nextdoor Neighbor
E Additional Protected Persons
In addition t0 the person named in
the temporary orders indicated below:
® the following family or household members of that person are protected by
Full Name SEC Age Household Member? Relation to Protected Person
Lance Pendergras M 36 Yes D No Fiance
Dylan Costa M 15 Yes D No Son
Blake Costa M 9 Yes D No Con
E Yes D N0
D Check here ifthere are additional persons
"
List them 0n cm attached sheet ofpaper and write “Attachment 3—
Additional Protected Persons as a title.You may useform 1WC—025, Attachment.
-
Expiration
-
Date
H
Th e co,I” ‘t
rv‘llc0 ’"P [ere the r e S tof this f'orn.I
This Order expires at the end 0ftlte hearing scheduledfor the date and time below:
Date: Time: D am. D pm.
This is a Court Order.
gi‘ff‘hj'afcfigf‘gggf'figgfa‘wgfl“°a9°”Temporary Restraining Order (CLETS-TCH) CH4“), Page‘ 0‘5
‘
Code ofCivn Procedure‘ §§ 5276and 527.9 (Civil Harassment Prevention) ”'9
DOJ
Approved by
Case Number:
21CECG00405
To the Person inQ:
The court has granted the temporary orders checked as granted 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 t0 one year, pay a fine of up t0 $1,000, 0r both.
Personal Conduct Orders
D Not Requested D Denied Until the Hearing I] Granted as Follows:
a, You must not do the following things to the person named in
CD
D and t0 the other protected persons listed in
(1) D Harass, intimidate, molest, attack, strike, stalk, threaten, assault (sexually or otherwise), hit,abuse,
destroy personal property of, 0r disturb the peace 0f the person.
(2) D Contact the person, either directly 0r indirectly, in any way, including, but not limited l0. inperson, by
telephone, in writing, by public or private mail, by interoffice mail, by e-mail, by text message, by fax,
0r by other electronic means.
(3) D Take any action to obtain the person’s address or location. If this item (3) isnot checked, the court has
found good cause not to make this order.
(4) D Other (specifiz):
D Other personal conduct orders are attached at the end 0f this 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 coun case isallowed and does not violate this order. However, you may have your papers served by mail
0n the person in
®
® Stay-Away
D Not
Order
Requested D Denied Untilthe Hearing D Granted as Follows:
a. You must stay at least yards away from (check all that apply):
(l) D The person in
(D (7) D The place ofchild care of the children of
(2) D Each person in
® the Person i“
G)
(3) D Th6 home 0mm Person in ® (8) E] The vehicle 0fthe person in
©
(4) D ’I‘hejob or workplace ofthe person
(9) D Other {specW};
‘
'm
G)
(5) D The school 0fthe person in
(D
(6) D The school ofthe children of the
person in
b. This stay-away order does not prevent you from going to or from your home or place of employment.
® No
a.
Guns
You
or Other Firearms and
cannot own, possess, have, buy or
Ammunition
try to buy, receive or try t0 receive, or in any other way get guns, other
firearms, 0r ammunition.
b. You must:
(1) Sell to 0r store with a licensed gun dealer, or tum in to a law enforcement agency, any guns or other
firearms in your immediate possession 0r control. This must be done within 24 hours 0f being served with
this Order.
This is a Court Order.
R“ Mamms'zm CH-110, Page 2 of6
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention) '9
Case Number:
21CECG00405
(2) File a receipt with the coun within 48 hours of receiving thisOrder that proves that your guns 01‘
firearms have been turned in, sold, 0r stored. (You may usefbrm CH-800, Proof 0f Firearms Tumed In,
Sold, or Stored,f0r the receipt.)
c. D The coun has received information that you own 0r possess a firearm.
Possession and Protection of Animals
D 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 ofthe animals listed below, which are
owned, possessed, leased, kept, or held by him or her, or reside in his or her household.
(Identifil animals by, e.g.,type. breed, name, color, sex.)
b‘EI The person in®must stay at least yards away from, and not take, sell,transfer, encumber, conceal,
molest, attack, strike, threaten, harm, 0r otherwise dispose of, the animals listed above.
® Other Orders
D Not Requested D Denied Until the Hearing D Granted as Follows (specify):
D Additional orders are attached at the end 0f this Order 0n Attachment 9.
To the Person ino:
Mandatory Entry of Order Into CARPOS Through CLETS
This Order must be 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-scwice form intoCARPOS.
b. D The clerk will transmit this Order and itsproof—of—service form t0 a law enforcement agency to be entered
into CARPOS.
c. D By the close of business 0n the date that thisOrder is made, the person in or his 0r her lawyer should
deliver a copy of the Order and itsproof—ofAservice form t0 the law enforcement agency listed below t0
enter into CARPOS:
Name of Law Enforcement Agencv Address (City State Zigg)
D Additional law enforcement agencies are listed at the end 0f this Order on Attachment 10.
This is a Court Order.
Rev March 2019
15,
CH-110, Page 3 ofS
Temporary Restraining Order (CLETS-TCH)
(Civil Harassment Prevention) 9
Case Number:
21CECG00405
No Fee to Serve (Notify) Restrained Person D Ordered E] Not Ordered
The sheriff or marshal will serve this Order without charge because:
a. D The Order isbased 0n unlawful violence, a credible threat ofviolence, or stalking.
b. D The person in @s entitled to a fee waiver.
® Number of pages
Date:
attached to this Order, if any:
Judicial Officer
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 tly t0 receive, 0r otherwise get guns, other firearms, 01‘
ammunition while this Order is in effect. Ifyou do, you can go to jail and pay a $1,000 fine. You must sell to 0r store
with a licensed gun dealer, or turn in to a law enforcement agency, any guns or other firearms that you have 0r control as
stated in item ® above. The coun will require you to prove that you did so.
Notice Regarding Nonappearance at Hearing and Service of Order
lfyou have been personally served with this Temporal)! Restraining Order and form CH- 109, Notice ofCourl Hearing,
but you do not appear at the hearing either in person or by a lawyer, and a restraining order that isthe same as this
Temporary Restraining Order except for the expiration date isissued at the hearing, a copy of the order will be served on
you by mail at the address in item®.
If this address isnot correct or you wish to verify that the Temporaly Restraining Order was converted into a restraining
order at the hearing without substantive change, 0r to find out the duration 0f the order, contact the clerk ofthe court.
After You Have Been Served With a Restraining Order
-
Obeyallthe orders.
'
Read form CH- 120—INFO, How Can I Respond t0 a Requestfor Civil Harassment Restraining ()rders?, to learn how
torespond t0 this Order.
'
Ifyou want t0 respond, fill out form CH-IZO, Response t0 Requestfor Civil Harassment Restraining Orders, and file
itwith the court clerk. You d0 not have to pay any fee to file your response ifthe Request claims that you inflicted 0r
threatened violence against or stalked the person in .
-
You must have form CH—12O sewed by mail on the person in @01‘ that person‘s attorney. You cannot d0 this
yourself. The person who does the mailing should complete and sign form CH—ZSO, ProofofService ofResponse by
[Mai]. File the completed proof 0f service with the coult clerk before the hearing date or bring itwith 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 1ofthis form or at www.courts.ca.g0v/forms. If you d0 not know how t0
prepare a declaration, you should see a lawyer.
This is a Court Order.
WMEWS‘ 2°” Temporary Restraining Order (CLETS-TCH) CH-“O: Page 4 °f5
(Civil Harassment Prevention) '9
Case Number:
21CECG00405
'
Whether 0r not you file a response, you should attend the hearing. Ifyou have any witnesses, they must also g0 t0 the
hearing.
-
At the hearing, thejudge can make restraining orders against you that last forup to five years. Tell thejudge why you
disagree with the orders requested.
Instructions for Law Enforcement
Enforcing the Restraining Order
This order isenforceable by any [aw enforcement agency that has received the order, isshown a copy of the order, or has
verified itsexistence on the California Restraining and Protective Orders System (CARPOS) If the law enforcement
agency has not received proof 0f service 0n the restrained person, the agency must advise the restrained person of the
terms of the order and then must enforce it.Violations 0f this order are subject to criminal penalties.
t
Start Date and End Date of Orders
This order starts 0n the date next t0 the judge’s signature on page 4. The order ends on the expiration date
page 1.
in item
® on
Arrest Required if Order ls Violated
Ifan officer has probable cause to believe that the restrained person had notice 0f the order and has disobeyed the order,
the officer must arrest the restrained person. (Pen. Code, §§ 836(c)(1), 13701(b).) A violation ofthe 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 ifthe 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 0f the Proof of Sewice or confirms that the Proof of Service ison file; 0r
'
The restrained person was informed of the order by an officer.
An officer can obtain information about the contents 0f the order and proof of service in CARPOS. [fproof of service on
the restrained person cannot be verified, the agency must advise the restrained person 0f the terms of the order and then
enforce it.
Ifthe Protected Person Contacts the Restrained Person
Even if theprotected person invites or consents to contact with the restrained person, this order remains in effectand 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, § 13710(b).)
This is a Court Order.
Rev-Ma'cms‘ 2°19 CH-“O: Page
Temporary Restraining Order (CLETS—TCH) 5 0‘5
(Civil Harassment Prevention) '9
Case Number:
21CECG00405
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)):
1. EPO.‘ If one 0f the orders isan Emergency Protective Order (form EPO-OOI) and is more restrictive than other
restraining or protective orders, ithas precedence in enforcement over allother orders.
2. N0 Contact Order: If there isno 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, 0r Civil Order: Ifmore than one family, juvenile, or other civil restraining 0r protective order
has been issued, the one that was issued lastmust be enforced.
(Clerk willfiil out this part.)
Clerk’s Certificate —-—-Clerk's Certificate—
[St’al] I cemfy that thisTemporary Restraining Order isa true and correct copy of the
original 0n file in the court.
Date: Clerk, by , Deputy
This is a Court Order.
REVMam“ 15-2019 CH4“), Page
Temporary Restraining Order (CLETS-TCH) 5 0*5
(CivilHarassment Prevention)