Outline
The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a critical legal document in workplace violence prevention cases within California. This form is utilized by an employer, referred to as the petitioner, to seek temporary protection for an employee, known as the protected person, from a respondent, or restrained person. Essential details about the parties involved are required, including names, addresses, and physical descriptions of the individuals. The form outlines the specific orders being requested, such as prohibitions against harassment, stalking, and contact, which aim to safeguard the employee and any additional protected persons listed. It also specifies the conditions under which the restrained person must maintain distance from the protected individual and their associated locations, including workplaces and homes. Furthermore, the form addresses the prohibition of firearms possession by the restrained person, detailing steps for compliance. The document concludes with instructions for law enforcement regarding enforcement of the order and emphasizes the legal ramifications of non-compliance. By clearly delineating the rights and responsibilities of all parties involved, the WV-110 form plays a vital role in maintaining safety and order in potentially volatile workplace environments.
Sample - Fake Restraining Order Form
WV-110, Page 1 of 5
Temporary Restraining Order (CLETS—TWH)
(Workplace Violence Prevention)
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
In addition to the employee, the following family or household members or other employees are protected by the
temporary orders indicated below:
Date: Time:
Expiration Date
This Order expires at the end of the hearing scheduled for the date and time below:
Full Name
No
Yes
No
Yes
No
Yes
Additional protected persons are listed at the end of this Order on Attachment 4.
Sex Age Household Member? Relation to Employee
p.m.a.m.
Additional Protected Persons
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.
Case Number:
Description:
Respondent (Restrained Person)
Full Name:
Employee (Protected Person)
Full Name:
Petitioner (Employer)
Name:
Name:
Address:
City: State: Zip:
Telephone: Fax:
E-Mail Address:
Your Address (If you have a lawyer, give your lawyer’s information.):
Lawyer for Petitioner (if any, for this case):
a.
b.
State Bar No.:
Firm Name:
1
Sex: FM
Height: Weight:
Race:Hair Color:
Date of Birth:
Eye Color: Age:
Home Address (if known):
State:
City:
Zip:
Relationship to Employee:
WV-110
Temporary Restraining Order
This is a Court Order.
2
3
4
5
WV-110, Page 2 of 5
Revised January 1, 2017
Temporary Restraining Order (CLETS—TWH)
(Workplace Violence Prevention)
4
(6)
(7)
(1)
(4)
and to the other protected persons listed in :
Other (specify):
Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or
disturb the peace of the person.
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.
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.
(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.
(5)
Enter the workplace of the person.
Personal Conduct Orders
You are ordered not do the following things to the employee
Other personal conduct orders are attached at the end of this Order on Attachment 6a(7).
a.
Not Requested
Denied Until the Hearing
Granted as Follows:
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.
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.
Stay-Away Order
a.
You must stay at least yards away from (check all that apply):
4
Each other protected person listed in
(1)
(2)
(3)
(5)
(6)
(7)
The employee’s children’s place of child care
(8)
The employee’s workplace
The employee’s school
The employee’s children’s school
The employee’s vehicle
(9)
Other (specify):
The employee
(4)
The employee’s home
This stay-away order does not prevent you from going to or from your home or place of employment.
b.
b.
Not Requested Denied Until the Hearing Granted as Follows:
This is a Court Order.
To the Respondent:
6
7
Case Number:
WV-110, Page 3 of 5
Revised January 1, 2017
Temporary Restraining Order (CLETS—TWH)
(Workplace Violence Prevention)
Additional law enforcement agencies are listed at the end of this Order on Attachment 10.
No Fee to Serve (Notify) Restrained Person
The sheriff or marshal will serve this Order without charge because:
a.
b.
The petitioner is entitled to a fee waiver.
Ordered
Not Ordered
The Order is based on a credible threat of violence or stalking.
Other Orders
Mandatory Entry of Order Into CARPOS Through CLETS
b.
a.
c.
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the
California Law Enforcement Telecommunications System (CLETS). (Check one):
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.
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:
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.
(2)
The court has received information that you own or possess a firearm.
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 get guns, other
firearms, or ammunition.
You must:
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.
b.
(1)
To the Petitioner:
Not Requested Denied Until the Hearing
Granted as Follows (specify):
Additional orders are attached at the end of this Order on Attachment 9.
Name of Law Enforcement Agency Address (City, State, Zip)
This is a Court Order.
9
10
11
Case Number:
8
WV-110, Page 4 of 5
Revised January 1, 2017
Temporary Restraining Order (CLETS—TWH)
(Workplace Violence Prevention)
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.
•
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.
•
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.)
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.
•
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 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 .
Notice Regarding Nonappearance at Hearing and Service of Order
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.
Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the
hearing.
•
3
•
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.
•
Warnings and Notices to the Restrained Person in
You Cannot Have Guns or Firearms
2
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 above. The court will require you to prove that you did so.
8
This is a Court Order.
Case Number:
Judicial Officer
Number of pages attached to this Order, if any:
Date:
12
WV-110, Page 5 of 5
Revised January 1, 2017
Temporary Restraining Order (CLETS—TWH)
(Workplace Violence Prevention)
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).)
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.
This is a Court Order.
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.
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.
Conflicting Orders—Priorities for Enforcement
—Clerk's Certificate—
I certify that this Temporary Restraining Order is a true and correct copy of the
original on file in the court.
Clerk’s Certificate
[seal]
Clerk, by
, Deputy
(Clerk will fill out this part.)
Date:
Form Information
| Fact Name | Details |
|---|---|
| Form Title | WV-110 Temporary Restraining Order |
| Governing Law | California Code of Civil Procedure, §§ 527.8 and 527.9 |
| Petitioner Information | Includes name, address, and attorney details if applicable. |
| Respondent Information | Requires full name, physical description, and relationship to the employee. |
| Additional Protected Persons | Allows listing of family members or others protected by the order. |
| Expiration Date | The order expires at the end of the scheduled hearing. |
| Stay-Away Orders | Restrained person must maintain a specified distance from the protected persons. |
| Firearm Restrictions | Prohibits the respondent from owning or possessing firearms and requires surrendering them. |
| Enforcement | This order is enforceable by law enforcement agencies upon verification. |
Detailed Guide for Filling Out Fake Restraining Order
Filling out the Fake Restraining Order form requires attention to detail and accuracy. After completing the form, it will need to be filed with the appropriate court. The court will then process the request and schedule a hearing.
- Begin by entering the name of the Petitioner (Employer) in the designated field.
- If applicable, provide the name and State Bar number of the lawyer representing the Petitioner.
- Fill in the Petitioner’s address, including city, state, and zip code. Include a telephone number and email address.
- Enter the full name of the Employee (Protected Person).
- Fill in the court name and street address where the form will be filed.
- Leave the case number blank; the court will fill this in upon filing.
- Provide the full name of the Respondent (Restrained Person) and their details, including sex, height, weight, date of birth, hair color, eye color, age, race, and home address (if known).
- Specify the relationship of the Respondent to the Employee.
- If there are additional protected persons, list their full names, sex, age, and relationship to the Employee.
- Indicate the expiration date of the order by filling in the date and time of the scheduled hearing.
- Check the appropriate boxes for personal conduct orders and stay-away orders, providing specific details as necessary.
- Fill out the section regarding firearms, indicating whether the Respondent can possess them.
- If there are any additional orders, specify them in the designated section.
- Indicate whether the order requires mandatory entry into CARPOS and provide details for law enforcement agencies if necessary.
- Mark whether there is a fee to serve the restrained person.
- Count the number of pages attached to the order, if any, and sign and date the form as required.
Obtain Answers on Fake Restraining Order
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What is a Fake Restraining Order form?
A Fake Restraining Order form is a document that may be misused to create the appearance of a legitimate restraining order. It is important to understand that using such a document is illegal and can lead to serious legal consequences. Legitimate restraining orders are issued by a court to protect individuals from harassment or harm, and any attempt to fabricate or misuse these documents undermines the legal system.
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What are the potential consequences of using a Fake Restraining Order?
Using a Fake Restraining Order can result in criminal charges, including fraud or forgery. If convicted, individuals may face penalties such as fines, imprisonment, or both. Additionally, the person wrongfully accused may suffer emotional distress and damage to their reputation, leading to further legal action against the perpetrator.
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How can someone verify if a restraining order is legitimate?
To verify the legitimacy of a restraining order, individuals can contact the court that issued the order. Each order should have a case number that can be used to look it up in the court records. Additionally, law enforcement agencies can confirm the existence of restraining orders through the California Restraining and Protective Orders System (CARPOS).
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What should someone do if they believe they have been served with a Fake Restraining Order?
If an individual believes they have been served with a Fake Restraining Order, it is crucial to act quickly. They should gather any evidence that supports their claim of fraud and contact an attorney for legal advice. It may also be necessary to file a motion to contest the order in court, where the validity of the order can be challenged.
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What steps can be taken to prevent the misuse of restraining orders?
To prevent the misuse of restraining orders, individuals should be aware of the legal requirements and processes involved in obtaining a legitimate order. Education about the serious nature of restraining orders can help deter individuals from attempting to use them fraudulently. Additionally, courts and law enforcement agencies can implement stricter verification processes to ensure that all restraining orders are legitimate and properly documented.
Common mistakes
Filling out a Fake Restraining Order form can seem straightforward, but many people make critical mistakes that can jeopardize the entire process. One common error is failing to provide complete and accurate information about the protected person. When filling out the form, it’s essential to include the full name, relationship to the employee, and any additional details that may help the court understand the situation better. Omitting or misrepresenting this information can lead to delays or even dismissal of the request.
Another frequent mistake occurs when individuals neglect to specify additional protected persons. If there are family members or other employees who also need protection, it’s crucial to list them clearly in the designated section. This oversight can diminish the effectiveness of the restraining order, leaving vulnerable individuals unprotected. Always ensure that every relevant person is included to strengthen the case.
In addition, many people forget to pay attention to the expiration date of the restraining order. The form requires a specific date and time for the order to expire, and failing to fill this out can create confusion later on. Without a clear expiration, the order may not be enforceable, leaving both the petitioner and protected persons at risk. Double-checking this detail can save a lot of trouble down the line.
Finally, another common pitfall is misunderstanding the requirements for service of the order. Individuals often assume that they can serve the order themselves, which is not the case. The law mandates that a neutral third party, such as a sheriff or a process server, must deliver the order. Ignoring this requirement can lead to complications in enforcing the order, potentially allowing the restrained person to evade consequences. Understanding the proper procedure is essential for ensuring that the order is legally binding.
Documents used along the form
When dealing with a Fake Restraining Order, several other forms and documents may be necessary to support the process. Each of these documents serves a unique purpose and can be crucial in ensuring the protection of the involved parties. Below is a list of commonly used forms that often accompany the Fake Restraining Order.
- WV-109 Notice of Court Hearing: This document informs the restrained person about the scheduled court hearing related to the restraining order. It outlines the date, time, and location of the hearing, ensuring that the restrained individual has the opportunity to respond.
- WV-120 Response to Petition for Workplace Violence Restraining Orders: If the restrained person wishes to contest the order, they must file this response. It allows them to present their side of the story and any evidence they may have to support their case.
- WV-800 Proof of Firearms Turned In, Sold, or Stored: This form is used to provide proof that any firearms owned by the restrained person have been properly surrendered, sold, or stored, as mandated by the restraining order.
- MC-030 Declaration: This document allows individuals to submit written statements under penalty of perjury. It can be used to provide additional evidence or personal accounts relevant to the case.
- Proof of Service (Form WV-250): This form confirms that the restrained person has been served with the necessary documents, including the restraining order and notice of the hearing. It is essential for ensuring that the legal process is followed.
- Attachment Forms: These forms provide additional space to list protected persons, additional orders, or other relevant information that may not fit within the main documents. They help to clarify the specifics of the restraining order.
Understanding these documents is vital for anyone involved in a restraining order case. They help ensure that all parties are informed and that the legal process is followed correctly, ultimately contributing to the safety and well-being of those involved.
Similar forms
- Domestic Violence Restraining Order: Similar to the Fake Restraining Order, this document aims to protect individuals from domestic violence. It includes details about the protected person and the restrained individual, as well as specific orders regarding contact and proximity.
- Emergency Protective Order: This document is issued quickly to provide immediate protection. Like the Fake Restraining Order, it restricts the restrained person from contacting or coming near the protected individual, often without a prior hearing.
- Civil Harassment Restraining Order: This type of order protects individuals from harassment by someone they do not have a close relationship with. It shares similarities with the Fake Restraining Order in terms of prohibiting contact and establishing boundaries.
- Workplace Violence Restraining Order: Specifically designed for workplace situations, this order protects employees from threats or violence at work. It is similar to the Fake Restraining Order as it outlines the conditions under which the restrained person must stay away from the workplace.
- Child Custody Restraining Order: This document is used in custody disputes to prevent one parent from harming the other or the child. It resembles the Fake Restraining Order by including terms that limit contact and ensure the safety of the involved parties.
Dos and Don'ts
When filling out the Fake Restraining Order form, it is essential to adhere to specific guidelines to ensure accuracy and compliance. Below are five recommended practices and pitfalls to avoid.
- Do provide complete and accurate information for all required fields, including names, addresses, and dates.
- Do ensure that the relationship to the employee is clearly stated for all protected persons.
- Do carefully review the form for any errors or omissions before submission.
- Do keep a copy of the completed form for your records after filing.
- Do submit the form within the required time frame to ensure timely processing.
- Don't leave any sections blank unless instructed, as this may delay the processing of your order.
- Don't provide false information, as this can lead to legal consequences.
- Don't ignore the specific instructions regarding the service of the order.
- Don't attempt to submit the form without all necessary signatures, as this may invalidate the request.
- Don't forget to check for any additional attachments that may be required to support your request.
Misconceptions
Understanding the Fake Restraining Order form can be challenging. Here are six common misconceptions about this document, along with clarifications.
- Fake restraining orders are not legally binding. Some people believe that a restraining order that is labeled as "fake" has no legal power. In reality, if a court issues a restraining order, it is a legally binding document that must be followed.
- Anyone can file a restraining order. It is a misconception that anyone can file for a restraining order without any justification. Typically, the person seeking the order must demonstrate a credible threat or evidence of harassment or violence.
- Restraining orders are only for domestic situations. Many think restraining orders only apply to domestic violence cases. However, they can also be used in workplace situations or between individuals who are not related or romantically involved.
- Once a restraining order is issued, it cannot be changed. Some believe that a restraining order is permanent. In fact, the terms of a restraining order can be modified or terminated by the court under certain circumstances.
- The restrained person cannot defend themselves. It is a misconception that the restrained person has no right to respond to the order. They can contest the order in court and present their side of the story.
- Violating a restraining order is a minor issue. Many people think that violating a restraining order is not serious. In reality, doing so can lead to significant legal consequences, including arrest and criminal charges.
Understanding these misconceptions can help clarify the purpose and implications of restraining orders, ensuring that individuals are informed about their rights and responsibilities.
Key takeaways
When filling out and using the Fake Restraining Order form, it is essential to understand several key points. Below is a list of important takeaways:
- Identify the Parties: Clearly list the names and contact information of the petitioner (the employer) and the respondent (the restrained person).
- Provide Accurate Details: Ensure that all personal information, such as addresses and physical descriptions, is accurate to avoid complications.
- List Additional Protected Persons: Include any family or household members who also need protection, along with their relationship to the employee.
- Expiration Date: Specify the date and time when the restraining order will expire, usually at the end of the scheduled hearing.
- Understand Personal Conduct Orders: Familiarize yourself with the prohibited actions outlined in the order, such as harassment or stalking.
- Stay-Away Provisions: Note the locations from which the respondent must stay away, such as the employee’s home or workplace.
- Firearm Restrictions: Be aware that the respondent cannot possess firearms and must take necessary actions to comply with this restriction.
- Service of the Order: Understand that the order must be served to the respondent, typically by law enforcement without charge in certain situations.
- Mandatory Entry into CARPOS: Ensure that the order is entered into the California Restraining and Protective Order System for enforcement purposes.
- Consequences of Violation: Inform the respondent that failure to comply with the order can lead to criminal charges, including potential jail time.
By keeping these points in mind, individuals can navigate the process of filling out and utilizing the Fake Restraining Order form more effectively.