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In today's complex legal landscape, understanding the implications of a restraining order is crucial, particularly when it comes to workplace safety. The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a vital tool in addressing situations where an employee may feel threatened or harassed by a coworker or other individuals. This form encompasses essential information about the petitioner, who is typically the employer, as well as details about the employee seeking protection and the respondent, the person being restrained. The form requires comprehensive identification of all parties involved, including their names, addresses, and relationships. It also outlines the specific orders granted by the court, which may include prohibitions against harassment, stalking, or any form of contact with the protected employee. Additionally, the form addresses critical aspects such as the duration of the order, the requirement for law enforcement notification, and the penalties for non-compliance. By clearly laying out these provisions, the WV-110 form not only aims to safeguard the well-being of the employee but also establishes a framework for legal accountability and enforcement.

Common mistakes

  1. Incomplete Information: One of the most common mistakes is failing to provide complete information about the parties involved. This includes not filling in all the required details for the petitioner, employee, and respondent. Missing information can lead to delays or even dismissal of the application.

  2. Incorrect Court Information: Applicants often neglect to accurately fill in the court name and address. Providing the wrong court can result in the form being filed in the wrong jurisdiction, which complicates the legal process.

  3. Failure to Specify Relationships: It is crucial to clearly outline the relationship between the employee and the respondent. Omitting this information can create confusion and may weaken the case. Understanding the dynamics of the relationship is essential for the court's consideration.

  4. Ignoring Additional Protected Persons: Many individuals forget to list other family members or household members who should be included under the protection of the restraining order. Failing to mention these individuals can leave them vulnerable and without legal protection.

Preview - Fake Restraining Order Form

WV-110 Temporary Restraining Order

1Petitioner (Employer) a. Name:

Lawyer for Petitioner (if any, for this case):

Name:

State Bar No.:

 

 

 

 

 

Firm Name:

 

 

 

b. Your Address (If you have a lawyer, give your lawyer’s information.):

Address:

City:

 

State:

 

Zip:

 

 

 

 

 

Telephone:Fax:

E-Mail Address:

2Employee (Protected Person)

Full Name:

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Court fills in case number when form is filed.

3 Respondent (Restrained Person)

 

 

 

 

 

 

Case Number:

 

Full Name:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Description:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Sex:

M

 

F Height:

 

 

Weight:

 

 

 

Date of Birth:

 

 

 

 

Hair Color:

 

 

 

 

 

Eye Color:

 

Age:

Race:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Home Address (if known):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City:

 

 

 

 

 

 

 

 

 

 

 

 

 

State:

 

 

 

 

Zip:

 

 

 

 

Relationship to Employee:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4 Additional Protected Persons

In addition to the employee, the following family or household members or other employees are protected by the temporary orders indicated below:

Full Name

Sex Age Household Member?

Relation to Employee

Yes No

Yes No

Yes No

Additional protected persons are listed at the end of this Order on Attachment 4.

5Expiration Date

This Order expires at the end of the hearing scheduled for the date and time below:

Date:

 

Time:

 

 

 

a.m.

 

p.m.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

This is a Court Order.

Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Mandatory Form Code of Civil Procedure, §§ 527.8 and 527.9 Approved by DOJ

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 1 of 5

(Workplace Violence Prevention)

Case Number:

To the Respondent:

The court has issued 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 have to go to jail for up to one year, pay a fine of up to $1,000, or both.

6Personal Conduct Orders

Not Requested

Denied Until the Hearing

Granted as Follows:

a. You are ordered not do the following things to the employee and to the other protected persons listed in 4 :

(1)

Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or

 

disturb the peace of the person.

(2)

Commit acts of violence or make threats of violence against the person.

(3)

Follow or stalk the person during work hours or to or from the place of work.

(4)

Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by

 

telephone, in writing, by public or private mail, by e-mail, by fax, or by other electronic means.

(5) Enter the workplace of the person.

(6) Take any action to obtain the person’s address or locations. If this item is not checked, the court has found good cause not to make this order.

(7) Other (specify):

Other personal conduct orders are attached at the end of this Order on Attachment 6a(7).

b.Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the petitioner.

7Stay-Away Order Not Requested

Denied Until the Hearing

Granted as Follows:

a. You must stay at least

yards away from

(check all that apply):

(1)

 

 

(7)

 

The employee

The employee’s children’s place of child care

(2)

Each other protected person listed in 4 (8)

The employee’s vehicle

(3)

The employee’s workplace

(9)

Other (specify):

(4) The employee’s home

(5) The employee’s school

(6) The employee’s children’s school

b. This stay-away order does not prevent you from going to or from your home or place of employment.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 2 of 5

(Workplace Violence Prevention)

Case Number:

8No 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.You must:

(1)Sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order.

(2)File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may use form WV-800, Proof of Firearms Turned In, Sold, or Stored for the receipt.)

c. The court has received information that you own or possess a firearm.

9 Other Orders

 

 

Not Requested

Denied Until the Hearing

Granted as Follows (specify):

Additional orders are attached at the end of this Order on Attachment 9.

To the Petitioner:

10Mandatory 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.

b.

The clerk will enter this Order and its proof-of-service form into CARPOS.

The clerk will transmit this Order and its proof-of-service form to a law enforcement agency to be entered into CARPOS.

c.

By the close of business on the date that this Order is made, the employer or the employer’s lawyer should deliver a copy of the Order and its proof-of-service form to the law enforcement agencies listed below to enter into CARPOS:

Name of Law Enforcement Agency

 

Address (City, State, Zip)

 

 

 

 

 

 

Additional law enforcement agencies are listed at the end of this Order on Attachment 10.

11 No Fee to Serve (Notify) Restrained Person

Ordered

Not Ordered

The sheriff or marshal will serve this Order without charge because:

a. The Order is based on a credible threat of violence or stalking.

b. The petitioner is entitled to a fee waiver.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 3 of 5

(Workplace Violence Prevention)

Case Number:

12Number of pages attached to this Order, if any: Date:

Judicial Officer

Warnings and Notices to the Restrained Person in 2

You Cannot Have Guns or Firearms

You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control as stated in item 8 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 WV-109, Notice of Court 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 of the order will be served on you by mail at the address in item 3 .

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, or to find out the duration of the order, contact the clerk of the court.

After You Have Been Served With a Restraining Order

•Obey all the orders. Any intentional violation of this Order is a misdemeanor punishable by a fine or by imprisonment in a county jail, or by both fine and imprisonment. (Pen. Code, § 273.6.)

•Read form WV-120-INFO, How Can I Respond to a Petition for Orders to Stop Workplace Violence?, to learn how to respond to this Order.

•If you want to respond, fill out form WV-120, Response to Petition for Workplace Violence Restraining Orders, and file it with the court clerk. You do not have to pay any fee to file your response if the petition claims that you threatened violence against or stalked the employee, or placed the employee in reasonable fear of violence.

•You must have form WV-120 served on the petitioner or the petitioner’s attorney by mail. You cannot do this yourself. The person who does the service should complete and sign form WV-250, Proof of Service of Response by Mail. File the completed proof of service 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 use form MC-030, Declaration, for this purpose. It is available from the clerk’s office at the court shown on page 1 of this form or at www.courts.ca.gov/forms. If you do not know how to prepare a declaration, you should see a lawyer.

•Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing.

•At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why you disagree with the orders requested.

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 4 of 5

(Workplace Violence Prevention)

Case Number:

Instructions for Law Enforcement

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 on the California Restraining and Protective Orders System (CARPOS). Agencies are encouraged to enter violation messages into CARPOS. If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties.

Start Date and End Date of Orders

This order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in item 5 on page 1.

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 order can be changed only by another court order. (Pen. Code, § 13710(b).)

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 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.

2.No Contact 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 Certificate [seal]

(Clerk will fill out this part.)

—Clerk's Certificate—

I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.

Date:

 

Clerk, by

 

, Deputy

This is a Court Order.

Revised January 1, 2017

Temporary Restraining Order (CLETS—TWH)

WV-110, Page 5 of 5

(Workplace Violence Prevention)

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Documents used along the form

When dealing with a Fake Restraining Order, several other forms and documents may be relevant. These documents can help clarify the situation, provide additional context, or facilitate legal processes. Below is a list of common forms that are often used alongside the Fake Restraining Order form.

  • Notice of Court Hearing (Form WV-109): This document informs the restrained person about the date and time of the court hearing regarding the restraining order. It is crucial for ensuring that the restrained person has the opportunity to respond to the allegations.
  • Response to Petition for Workplace Violence Restraining Orders (Form WV-120): If the restrained person wishes to contest the order, this form allows them to formally respond to the allegations. It must be filed with the court and served to the petitioner.
  • Power of Attorney for a Child - A legal document allowing a parent or guardian to designate another individual to make decisions on behalf of their child, especially when the parent is temporarily unavailable. For more information, visit https://georgiapdf.com.
  • Proof of Service of Response by Mail (Form WV-250): After filing a response, this form serves as evidence that the restrained person has properly notified the petitioner of their response. It is essential for maintaining procedural integrity in the court process.
  • Declaration (Form MC-030): This form allows individuals to present written statements regarding their knowledge of the facts related to the case. Declarations can support the response and provide additional context for the court.
  • Proof of Firearms Turned In, Sold, or Stored (Form WV-800): If the restraining order includes a prohibition on firearms, this form is used to document the surrender or storage of any firearms by the restrained person. Compliance is mandatory to avoid legal penalties.
  • Application for Fee Waiver (Form FW-001): If the petitioner cannot afford court fees, this form allows them to request a waiver. It is important for ensuring access to justice for individuals facing financial hardships.
  • Temporary Restraining Order (CLETS—TWH) (Form WV-110): This is the main form that outlines the specific terms and conditions of the temporary restraining order. It details the protections granted to the petitioner and the restrictions placed on the restrained person.

Understanding these documents can help individuals navigate the complexities of legal proceedings related to restraining orders. Each form serves a specific purpose and plays a critical role in ensuring that the rights and safety of all parties are upheld.

Similar forms

The Fake Restraining Order form shares similarities with a Temporary Protective Order (TPO). Both documents serve to provide immediate protection to individuals who feel threatened or are victims of violence. A TPO is often issued in situations involving domestic violence, harassment, or stalking. Just like the Fake Restraining Order, it outlines specific restrictions on the alleged perpetrator, such as prohibiting contact with the victim and requiring the individual to stay a certain distance away. The primary aim of both orders is to ensure the safety of the protected person while legal proceedings are pending.

Understanding the importance of proper legal documentation in transactions, much like the transfer of ownership in mobile homes, can be crucial. For example, the Mobile Home Bill of Sale is an essential document that outlines the buyer and seller's roles and rights, ensuring that both parties are protected during the sale process.

Another document akin to the Fake Restraining Order is the No Contact Order. This type of order is typically issued in criminal cases and prohibits the defendant from contacting the victim in any form. Similar to the Fake Restraining Order, a No Contact Order emphasizes the importance of maintaining distance and avoiding communication to protect the victim’s well-being. Both orders are enforceable by law enforcement, and violating them can lead to serious legal consequences for the restrained person.

A Civil Harassment Restraining Order (CHRO) is also comparable to the Fake Restraining Order. A CHRO is designed to protect individuals from harassment that does not necessarily fall under domestic violence but still poses a threat to their safety. Like the Fake Restraining Order, a CHRO details the restrictions placed on the alleged harasser, which may include prohibiting them from coming near the victim's home or workplace. Both documents are crucial in providing a legal framework to safeguard individuals from unwanted and harmful behaviors.

The Workplace Violence Restraining Order (WVRO) closely mirrors the Fake Restraining Order, specifically addressing situations involving threats or acts of violence in a workplace setting. Both forms aim to protect employees from potential harm, outlining specific conduct that is prohibited. The WVRO may include similar stipulations, such as maintaining a safe distance from the workplace and refraining from any form of contact. This focus on workplace safety is essential for creating a secure environment for employees.

Additionally, an Emergency Protective Order (EPO) can be seen as similar to the Fake Restraining Order. An EPO is often issued on a temporary basis by law enforcement in urgent situations where immediate protection is necessary. Like the Fake Restraining Order, an EPO restricts the alleged perpetrator's behavior and provides swift legal protection to the victim. Both orders are designed to address urgent safety concerns and can lead to more permanent solutions through subsequent court hearings.

Finally, a Family Law Restraining Order is another document that shares characteristics with the Fake Restraining Order. This type of order is typically issued in family law cases, particularly those involving domestic violence or child custody disputes. Like the Fake Restraining Order, it outlines specific restrictions on the restrained individual to ensure the safety of the protected person. Both orders serve to create a legal barrier against potential harm and are enforceable by law enforcement, reinforcing the importance of safety in familial relationships.

Dos and Don'ts

When filling out the Fake Restraining Order form, it is crucial to approach the task with care and attention to detail. Here is a list of what you should and shouldn't do:

  • Do ensure all information is accurate and complete.
  • Do provide your lawyer’s information if you have one.
  • Do include the full names and details of all protected persons.
  • Do check all boxes that apply to your situation.
  • Do keep a copy of the completed form for your records.
  • Don't leave any sections blank unless instructed to do so.
  • Don't provide false information; this could lead to serious legal consequences.
  • Don't forget to sign and date the form before submission.
  • Don't submit the form without reviewing it for errors.

Filling out this form correctly is essential for ensuring your rights and the safety of others. Take the time needed to do it right.

Key takeaways

Filling out and using the Fake Restraining Order form requires careful attention to detail. Ensure that all necessary information is complete and accurate. This includes details about the petitioner, the employee, and the respondent. Missing information can lead to delays or complications in the process.

Understand the implications of the restraining order. Once issued, the order is a legal document that the restrained person must follow. Violating the order can result in serious consequences, including arrest and fines. It is crucial to communicate these consequences clearly to all involved parties.

Be aware of the expiration date. The restraining order is temporary and will expire after the hearing unless extended by the court. Mark the date and time of the hearing on your calendar to ensure attendance, as this is essential for the order's continuation.

Follow the required procedures for enforcement. After the order is issued, it must be entered into the California Restraining and Protective Order System (CARPOS). This ensures that law enforcement is aware of the order and can enforce it. Always keep a copy of the order on hand for reference.

How to Use Fake Restraining Order

After gathering the necessary information, you can begin filling out the Fake Restraining Order form. Ensure that all details are accurate and complete to avoid delays in processing.

  1. Enter the name of the petitioner (employer) in the designated field.
  2. If applicable, provide the name and State Bar number of the lawyer representing the petitioner.
  3. Fill in the address of the petitioner, including city, state, and zip code. If a lawyer is involved, include their information instead.
  4. List the full name of the employee who is the protected person.
  5. Fill in the court name and street address where the form will be filed.
  6. Leave the case number blank for the court to fill in upon filing.
  7. Provide the full name of the respondent (restrained person) and their physical description, including sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
  8. Indicate the relationship of the respondent to the employee.
  9. If there are additional protected persons, list their full names, sex, age, and relationship to the employee.
  10. Specify the expiration date of the order, including the date and time of the hearing.
  11. Fill in the personal conduct orders, checking the appropriate boxes for orders requested or denied.
  12. For the stay-away order, check all locations from which the respondent must stay away.
  13. Indicate whether the respondent cannot own or possess firearms, and provide instructions for handling any firearms.
  14. List any additional orders requested in the specified section.
  15. Check the box regarding the mandatory entry of the order into the California Restraining and Protective Order System (CARPOS).
  16. Indicate whether there is a fee to serve the restrained person.
  17. Count the number of pages attached to the order, if any.
  18. Leave space for the date and signature of the judicial officer.