e: 441 Sex.` F M t out 06 I.' lo13o LJ MO!;;IIFICATION ORDER UNDER: NUV 1~-`T 2015 CR-161 \LIFORNIA vs. DEFENDANT:

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Download "e: 441 Sex.` F M t out 06 I.' lo13o LJ MO!;;IIFICATION ORDER UNDER: NUV 1~-`T 2015 CR-161 \LIFORNIA vs. DEFENDANT:"

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1 e - a a a a s 969 a a o. o a o - b -a SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN BERNARDINO <.~~.`~~~'U... STREET ADDRESS CIVIC Drive.~ MAILING ADDRESS: Civic Drive CITY, STATE, ZIP: Victorville, CA BRANCH NAME: Victorvil\e District FOR COURT USE ONLY CR-161 \LIFORNIA vs. DEFENDANT: ALADDIN DINAALI...~.~~~ CRIMINAL PROTECTIVE ORDER-OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) (Pen. Code, ,136.2(i)(1) and 646.9(k)) ORDER UNDER PENAL CODE, LJ MO!;;IIFICATION ORDER UNDER: RENAL CODE, (i)(1) Q PENAL CODE, (k) CASE NUMBER FVI PERSO~ BE RESTRAINED (complete name): ALADDIN DINAALI Sex: M M O F Ht Wt Hair Color: Eye Color: Race: Age: DOB: 11/21/69 1 This proceeding was heard On (dat e): 11/17/15 at (time): 8:30 am in Dept.:V9 by judicial officer(name): Miriam L Morton Room: 2. Th~rder expires on (date).- If no date is listed, this order expires three years from the date of issuance 3. N Defendant was personally served with a copy of this order at the court hearing, and no additional proof.of service of th.is 4 FULL%&r 7dND GENDER OF EACH PROTECTED PERSON: 5. ra-oat CI. e: 441 Sex.` F M t out 06 I.' lo13o GOOD CAUSE APPEARING, THE COURT ORDERS THAT THE ABOVE-NAMED DEFENDANT mustt not harass, strike, threaten, assault(sexually or otherwise), follow, stalk, molest, destroy or damage personal or real property, disturb the peace, keep under surveillance, or block movements of the protected persons named above 7. m ust not own, possess, buy or try to buy, receive or try to receive, or otherwise obtain a firearm or ammunition The defendant m ust surrender to local law enforcement, or sell to or store with a licensed gun dealer any firearm owned by the defendant or subject to his or her immediate possession or control within hours after service of this order and must file a receipt with the court showing corn pliancy with this order within hours of receiving this order. The court has made the necessary findings and applies the firearm relinquishment exemption under Code Civ. Proc., (f). The defender is not required to relinquish this firearm (specify make, model and serial number of firearm): mustt not attempt to or actually prevent or dissuade any victim or witness from attending a hearing or testifying or making s report to any law enforcement agency or person. mustt take no action to obtain the addresses or locations of protected persons or their family members, caretakers, or guardian unless good cause exists otherwise. The court finds good cause not to make the order in item. 10. must be placed on electronic monitoring for (specify length of time): (Not to exceed one year from mate of this order. Pen. Code, (a)(7)(D) and Pen. Code (i)(2).) 11 Nmust have no personal, electronic, telephonic, or written contact with the protected persons named above. 12. N must have no contact with the protected persons named above through a third party, except an attorney of record 13. just not come within 50 yards of the protected persons named above. 14 Q may have peaceful contact with the protected persons named above, as an exception to the"nocontact ' or "stay-away" provision in item 11, 12, or 13 of this order, only for the safe exchange of children and court-ordered visitation as stated in: a-o the Family. Juvenile or Probate court order in Case No issued on /date).' ~ any Family, Juvenile, or Probate court order issue dafter the date this order is signed 15. WThe protected persons may record any prohibited communications made by the restrained person. 16. Other orders including stay-away orders from specific locations: Executed on: NUV 1~-`T 2015 Date: JUDICIAL OFFICER Department/Division: VS Form Adopted for Mandatory Use Judicial Council of California CR-161 [Rev. July 1, 2014} Approved by Department of Justice CRIMINAL PROTECTIVE ORDER-OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) Page 1 of 2 Penal Code, and 646.9(k) and (i)(1)

2 CR WARNINGS AND NOTICES VIOLATION OF THE ORDER IS SUBJECT TO CRIMINAL PROSECUTION. Violation of this protective order may be punished as a felony, a misdemeanor, or contempt of court. NOTICE REGARDING FIREARMS. Any person subject to a protective order is prohibited from owning, possessing, purchasing or attempting to purchase, receiving or attempting to receive, or otherwise obtaining a firearm. Such conduct is subject to 851,000 fine and imprisonment The person subject to these orders must relinquish any firearms (by surrendering the firearm to local law enforcement, or by selling or storing it with a licensed gun dealer) and not own or possess any firearms during the period of the protective order. (Pen. Code, (d).) Under federal law, the issuance of a protective order after hearing will generally prohibit the restrained person from owning, accepting, transporting, or possessing firearms or ammunition. A violation of this prohibition is a separate federal crime. Specified defendants may request an exemption from the firearm relinquishment requirements stated in item 7 on page 1 of this order. The court must check the box under item 7 to order an exemption from the firearm relinquishment requirements. If the defendant can show that the firearm is necessary as a condition of continued employment, the court may grant an exemption for a particular firearm to be in the defendant's possession only during work hours and while traveling to and from work. If a peace officer's employment and personal safety depend on the ability to carry a firearm, a court may grant an exemption that allows the officer to carry a firearm on or off duty, but only if the court finds, after a mandatory psychological examination of the peace officer, that the officer does not pose a threat of harm. (Code Civ. Proc., (f).) ENFORCING THIS ORDER IN CALIFORNIA This order must be enforced in California by any law enforcement agency that has received the order or is shown a copy of the order or has verified its existence on the California Law Enforcement Telecommunications System(CLETS). Law enforcement must determine whether the restrained person had notice of the order. If notice cannot be verified, law enforcement must advise the restrained person of the terms of the order and, if the restrained person fails to comply, must enforce it. (Code Civil Proc., ) CONFLICTING ORDERS-PRIORITIES FOR ENFORCEMENT \f more than one restraining order has been issued, the orders must be enforced according to the following priorities: a. Emergency Protective Order.- If one of the orders is an Emergency Protective Order(form EPO-001) and is more restrictive than other restraining or protective orders, it has precedence in enforcement over all other orders (Pen. Code, g 136.2(c)(1)(A).) b. No-Contact Order '. If there is no EPO, a no contact order that is included in a restraining or protective order has precedence in enforcement over any other restraining or protective order. c. Criminal Order -. If none of the orders include a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. (Pen. Code, G 136.2(e)(2). ) Any non conflicting terms of the civil restraining order remain in effect and enforceable. d Family, Juveni\e, 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 EFFECTIVE DATE AND EXPIRATION DATE OF ORDERS. These orders are effective as of the date they were signed by a judicial officer.. These orders expire as ordered in item 2 on page 1 of this order, or as explained below. Orders under Penal Code section (a) are valid as long as the court has jurisdiction over the case They are not valid after imposition of a county jail or state prison commitment. (See People v. Stone (2004) 123 Cal.App 4th 153. ) Orders under Penal Code sections (i)(1) and are valid for up to 10 years and m my be issued by the court whether the defendant is sentenced to state prison or county jail or if imposition of sentence is suspended and the defendant is placed on probation To terminate this protective order, courts should use form CR-165, Notice of Termination of Protective Order in Criminal Proceeding (CLETS). CHILD CUSTODY AND VISITATION Child custody and visitation orders may be established or modified in Family, Juvenile, or Probate court Unless box a or b in item 14 on page 1 is checked, contact between the restrained and protected persons permitted by a Family, Juvenile, or Probate court order for child custody or visitation must not conflict with the provisions of this order. If box a or b in item 14 on page 1 is checked, the restrained and protected persons should always carry a certified COPY of the most recent child custody or visitation order issued by the Family, Juvenile, or Probate court. CR-161 [Rev. July 1, 2014] CRIMINAL PROTECTIVE ORDER-OTHER THAN DOMESTIC VIOLENCE (CLETS - CPO) Page 2 of 2

3 BOF 110 (Rev. O1/201`LJ PAGE 1 of 2 CALIFORNIA Power of Attornev for Firearms Relinquishment, Sale or Dis posal - Declaration AYT0,ml I,,, hereby designate Printed Name of Firearm Owner Possessor Printed Name of Power of Attorney Designee to have Power of Attorney for the purpose of transferring or disposing of my firearms.) This Power of Attorney designation is only effective for 30 days from the date of this designation. This designation shall become null and void after 30 days. As the firearm owner, I hereby declare, under penalty of perjury under the laws of the State of California, that the forgoing is true and correct and that to the best of my knowledge, the above designee is not prohibited from possessing firearms pursuant to Penal Code sections or , or Welfare and Institutions Code sections 8100 or Signature of Firearm Owner Possessor Date I,,, hereby agree to accept appointment as Power of Attorney for the Printed Name of Power of Attorney Designee sole purpose of transferring or disposing firearms on behalf of., the owner Printed Name of Firearm Owner Possessor or possessor of the firearms.) I understand that it is my legal responsibility to carry out one of the actions listed on the second page of this form. I declare, under penalty of perjury under the laws of the State of California, after reviewing the included list of prohibitions, that I am not prohibited by law from possessing firearms. Signature of Power of Attorney Designee Date ';.;';'.';';';';';';';';':':':':';':':';.;';';';'.';':';':':';':'.';':':';`;';.;';';';';';'.';';';";';'..;';';';';';';';';';'.';';';';';';';';';'.'.':';':':':':':':':';';';':':';.;.:':';';';';';';';';';';';';';';';';';';'.':':';':':';';':';':':';';';';';';';';';';';';';';'.';';';';';';';';';';';';';';':.:';':':.;':':':';';':':':':':':':';':';';';';':.;':';':';':':';':';';';';'.':.:';';';':':';';':';.;'.';';.;.;';.;.;.;';';':';';.;.;'.;:';':':';'.';';`;..';`;';.;';.;.;';';.;";.;';.;';';';.:...:.:':';.:':.:':':':':`:':';':`;.;`.`..;'...`:.;.,...;:.:':':.:':.:':':';.;.;':';. '~_~~_..' ~ _' '~' ~~ "~"': ' ' "' ' '~'~' '~" ' """ ' '"':'"'" "'~ ' ~:''~~C:.AL`IFOR 'NIA.`AL"L"PURPOSE~ ACKNOWL`EDGEMENT ":" `. `""'~"...'.. '.' ~""..''~'. ""'...:~..""' '~... Must be notarized by a person who is not a party to this transaction In the State of California, county of_,, on before me, County Date Printed Name and Title of Offe-cer (e.g., "Jane Doer Notary Public"),, the following individuals personally appeared: Printed Name of Firearm Owner Possessor Printed Name of Power of Attorney Designee I declare that these individuals are personally known to me - OR - proved to me on the basis of satisfactory evidence or identity to be the persons whose names are scribed within this instrument. The parties acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument, the persons or the entity upon behalf of which the persons acted, executed the instrument. Signature of Notary (OHe'cial Seal of Notary ) Questions concerning a prohibited persons legal status or questions pertaining to the use of this form may be directed to the Department of Justice. Bureau of Firearms at /

4 I - `._.- 1,.::;.I :..b `,I, BOF 110 (Rev. O1/201- CALIFORNIA Power of Attorney for Firearms Relinquishment, Sale or Disposal - Declaration PAGE 2 of 2,,e ATTO,,I Pursuant to Penal Code section 29810, the Department of Justice provides this form to the following individuals who are prohibited under the law from possessing firearms: (1) any person who has been convicted of a felony, a specified misdemeanor, or a specified firearms offense; (2) any person who is addicted to narcotics; (3) any person who is the subject of a protective order; or (4) any person who has been found by a court or mental health facility to have certain mental disabilities. Please refer to the accompanying document entitled "Firearms Prohibiting Categories" for a complete list of the firearms prohibitions under the law. NOTE: The duration of the prohibitions vary. Also, federal law may impose additional and or more restrictive prohibitions on firearms possession. Therefore, a person who is entitled to possess firearms under state law may nevertheless be prohibited from possessing firearms under federal law. For specific legal advice about the duration of a state prohibitions whether a state prohibition is still in effects or whether federal law prohibits the possession of firearms, please consult with an attorney who is licensed to practice law in the State of California. The prohibition against firearms possession is effective immediately upon the occurrence of the prohibiting event (such as the date of the conviction, or the date when a protective order is issued) and requires the person who is prohibited from possessing firearms to immediately relinquish all firearms.) This form helps the person who is prohibited from possessing firearms comply with the law by designating another person to relinquish, sell or dispose of the firearms) on behalf of the prohibited person. However,.~._. " ,IQOth the owner of _. the firearms) and the person who is granted Power of Attorney for Firearms Relinquishment, c = I =a r to Sale or Dispo ililkli fell t Q ff, comply with state law regarding the sale and transfer of firearms,) such as the requirement to transfer ownership of firearms) through a licensed firearms dealer. (See Pen. Code, g g ) -J ) BC :I [ (as defined in Family Code section 6218) is subject to special rules. Such a person must do both of the following: 1) Within 24 hours of being served with notice of the protective order, surrender all firearms to the control of local law enforcement officials, or sell the firearms) to a licensed gun dealer: but enforcement officer upon an officer's request. (Fam. Code, g 6389, sub d. (c)(2).) 'A'MMN i of receiving the order, provide proof to the court that issued the order that all firearms have been relinquished. NOTE: A person who has Power of Attorney for Firearms Relinquishments Sale or Disposal in a case where a protective order is issued must surrender the firearms) to the control of local law enforcement officials, or sell the firearms) to a licensed gun dealer on behalf of the gun owner within the times set forth above so that the gun owner is able to comply with the law. In other cases (that do not involve a protective order or a more specific court order), the person with Power of Attorney for Firearms Relinquishment, Sale or Disposal must do one of the following within 30 days: 1) Take the firearms) to a licensed firearms dealer so that it can be sold or transferred. 2) Surrender the firearms) to a California law enforcement agency for the purpose of safe keeping. 3) Surrender the firearms) to a California law enforcement agency for the purpose of destruction. 4)j -,.::;.I B WW Vq B vwu :-., _-, - M. S,, b -.-., P"". B,-...,. -.._d -lb... Special rules apply to assault weapons (as defined in Penal Code sections 16170, subdivision (a), 16350, 16890,30510, and 30515, and in California Department of Justice regulations ) and. 50 BMG rifles (as defined in Penal Code sections 16170, subdivision (a), 30525, and 30530). Please contact the Department of Justice, Bureau of Firearms at (916) for more information.

5 BOF 110 (Rev. 01/2012) PAGEI of 2 CALIFORNIA FIREARMS PROHIBITING CATEGORIES State and federal law make it unlawful for certain persons to own and/or possess firearms, including: Any person who is convicted of a felony, or any offense enumerated in Penal Code sections299oo or Any person who is ordered to not possess firearms as a condition of probation Code section 29815, subdivisions (a) and (b) or other court order listed in Penal Any person who is convicted of a misdemeanor listed in Penal Code section298o5 (refer to List of Prohibiting Misdemeanors) Any person who is adjudged a ward of the juvenile court because he or she committed an offense listed in Welfare and Institutions Code section 707(b), an offense described in Penal Code section (b), or any offense enumerated in Penal Code section298o5 Any person who is subject to a temporary restraining order or an injunction issued pursuant to Code of Civil Procedure sections or 527.8, a protective order as defined in Family Code section62l8, a protective order issued pursuant to Penal Code sectionsl36.2 or , or a protective order issued pursuant to Welfare and Institutions Code section Any person who is found by a court to be a danger to himself, herself, or others because of a mental illness' Any person who is found by a court to be mentally incompetent to stand trial Any person who is found by a court to be not guilty by reason of insanity. Any person who is adjudicated to be a mentally disordered sex offender Any person who is placed on a conservatorship because he or she is gravely disabled as a result of a mental disorder, or an impairment by chronic alcoholism Any person who communicates a threat to a licensed psychotherapist against a reasonably identifiable victim, that has been reported by the psychotherapist to law enforcement Any person who is taken into custody as a danger to self or others under Welfare and Institutions Code sectionsl5o, assessed under Welfare and Institutions Code section5l5l, and admitted to a mental health facility under Welfare and Institutions Code sections 5151, 5152, or certified under Welfare and Institutions Code sections525o, 5260, and Any person who is addicted to the use of narcotics(state and federal) Any person who is under indictment or information in any court for a crime punishable by imprisonment for a term exceeding one year (federal) Any person who has been discharged from the military under dishonorable conditions(federal) Any person who is an illegal alien (federal) Any person who has renounced his or her US Citizenship(federal) Any person who is a fugitive from justice (federal)

6 BOF 110 (Rev. 01/2012 PAGE 2 of 2 CALIFORNIA FIREARMS PROHIBITING CATEGORIES Firearm prohibitions for misdemeanor violations of the offenses listed below are generally for ten years from the date of conviction, but the duration of each prohibition may vary. All statutory references are to the California Penal Code, unless otherwise indicated. * Threatening public officers, employees, and school officials (Pen. Code, g 71.) * Threatening certain public officers, appointees, judges, staff or their families with the intent and apparent ability to carry out the threat (Pen. Code, g 76.) * Intimidating witnesses or victims (Pen. Code, g ) * Possessing a deadly weapon with the intent to intimidate a witness (Pen. Code, g ) * Threatening witnesses, victims, or informants (Pen. Code, g 140.) * Attempting to remove or take a firearm from the person or immediate presence of a public or peace officer (Pen. Code, g 148(d).) * Unauthorized possession of a weapon in a courtroom. Courthouse, or court building, or at a public meeting (Pen. Code, g 171(b).) * Bringing into or possessing a loaded firearm within the state capitol, legislative offices, etc. (Pen. Code, g 171(c).). Taking into or possessing loaded firearms within the Governor's Mansion or residence of other constitutional officers (Pen. Code, 171(d).). Supplying, selling or giving possession of a firearm to a person for participation in criminal street gangs (Pen. Code, g ) * Assault (Pen. Code, gg 240, 241.) * Battery (Pen. Code, gg 242, 243.) * Sexual Battery (Pen. Code, g 243.4) * Assault with a stun gun or taser weapon (Pen. Code, g ) * Assault with a deadly weapon other than a firearm, or with force likely to produce great bodily injury (Pen. Code, g 245.) * Assault with a deadly weapon or instrument; by any means likely to produce great bodily injury or with a stun gun or taser on a school employee engaged in performance of duties (Pen. Code, g ) * Discharging a firearm in a grossly negligent manner (Pen. Code, g ) * Shooting at an unoccupied aircraft, motor vehicle, or uninhabited building or dwelling house (Pen. Code, g 247.) * Inflicting corporal injury on a spouse or significant other (Pen. Code, g )* * Wilfully violating a domestic protective order (Pen. Code, g ) * Drawing, exhibiting, or using deadly weapon other than a firearm (Pen. Code, g 417, sub d. (a)(1) & (a)(2).) * Inflicting serious bodily injury as a result of brandishing (Pen. Code, g ) * Making threats to commit a crime which will result in death or great bodily injury to another person (Pen. Code, g 422.) * Bringing into or possessing firearms upon or within public schools and grounds (Pen. Code, g ) * Stalking (Pen. Code, g ) * Armed criminal action (Pen. Code, g ) * Possessing a deadly weapon with intent to commit an assault (Pen. Code, g ) * Driver of any vehicle who knowingly permits another person to discharge a firearm from the vehicle or any person who willfully and maliciously discharges a firearm from a motor vehicle (Pen. Code, g 26100, sub d. (b) or (d).) * Criminal possession of a firearm (Pen. Code, g ) * Firearms dealer who sells, transfers or gives possession of any firearm to a minor or a handgun to a person under 21 (Pen. Code, g ) * Various violations involving sales and transfers of firearms (Pen. Code, g 27590, sub d. (c).) * Person or corporation who sells any concealable firearm to any minor (former Pen. Code, g 12100, sub d. (a).) * Unauthorized possession/transportation of a machine gun (Pen. Code, g 32625) * Possession of ammunition designed to penetrate metal or armor (Pen. Code, g ) * Carrying a concealed or loaded firearm or other deadly weapon or wearing a peace officer uniform while picketing (Pen. Code, gg , sub d. (a), 17510, sub d. (a.) * Bringing firearm related contraband into juvenile hall (Welf. & Inst. Code, g ) * Bringing firearm related contraband into a youth authority institution (Welf. & Inst. Code, g ) * Purchase, possession, or receipt of a firearm or deadly weapon by a person receiving in-patient treatment for a mental disorder, or by a person who has communicated to a licensed psychotherapist a serious threat of physical violence against an identifiable victim (Welf. & Inst. Code, g 8100.) * Providing a firearm or deadly weapon to a person described in Welfare and Institutions Code sections 8100 or 8103 (Welf. & Inst. Code, g 8101.) * Purchase, possession, or receipt of a firearm or deadly weapon by a person who has been adjudicated to be a mentally disordered sex offender or found to be mentally incompetent to stand trial, or not guilty by reason of insanity, and individuals placed under conservatorship (Welf. & Inst. Code, g 8103.) The following misdemeanor convictions result in a lifetime prohibition: * Assault with a firearm (Pen. Code, gg 29800, sub d. (a)(1), 23515, sub d. (a).) * Shooting at an inhabited or occupied dwelling house, building, vehicle, aircraft, house car or camper (Pen. Code, gg 246, 29800, sub d. (a)(1), 17510, 23515, sub d. (b).) * Brandishing a firearm in presence of a peace officer (Pen. Code gg 417, sub d. (c), 23515, sub d. (d), 29800, sub d. (a)(1).) ' Two or more convictions of Penal Code section 417, subdivision (a)(2) (Pen. Code g 29800, sub d. (a)(2).) * A "misdemeanor crime of domestic violence" (18 U.S.C. gg 921(a)(33)(A), 922(g)(9).) Note: The Department of Justice provides this document for informational purposes only. This list may not be inclusive of all firearms prohibitions. For specific legal advice, please consult with an attorney licensed to practice law in California-

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