Article Structure
The Fake Restraining Order form, specifically known as the WV-110, serves as a crucial document in addressing workplace violence and ensuring the safety of employees. This form is designed for employers who seek to protect their employees from potential harm by temporarily restraining individuals who pose a threat. The document includes essential sections that capture the identities of the petitioner, the employee seeking protection, and the respondent who is being restrained. It outlines the specific orders granted by the court, which may include prohibitions against harassment, contact, or stalking. Additionally, the form addresses the need for law enforcement involvement, mandating that the order be entered into the California Restraining and Protective Order System (CARPOS). The form also stipulates the consequences for non-compliance, emphasizing that violations can lead to criminal charges. With a clear structure, the WV-110 not only provides legal protection but also aims to foster a safer workplace environment for all employees involved.
Form Sample
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:
Document Specifications
| Fact Name | Description |
|---|---|
| Form Title | This form is officially known as the WV-110 Temporary Restraining Order. |
| Governing Laws | The form is governed by the California Code of Civil Procedure, specifically sections 527.8 and 527.9. |
| Purpose | The purpose of this form is to provide temporary protection for employees from workplace violence. |
| Additional Protected Persons | In addition to the employee, family members or other employees can also be included as protected persons. |
| Enforcement | The order must be entered into the California Restraining and Protective Order System (CARPOS) for enforcement by law enforcement agencies. |
Steps to Filling Out Fake Restraining Order
Filling out the Fake Restraining Order form requires careful attention to detail. Each section must be completed accurately to ensure that the order is properly processed. After you fill out the form, you will need to submit it to the court, where it will be reviewed and acted upon.
- Petitioner Information: Start by entering the name of the employer in the designated space. If there is a lawyer representing the petitioner, provide their name, state bar number, and firm name.
- Address: Fill in the address of the petitioner. If a lawyer is involved, include their contact details instead.
- Employee Details: Write the full name of the employee who is the protected person.
- Court Information: Fill in the name of the court and its street address where the form will be filed.
- Respondent Information: Provide the full name and description of the restrained person, including sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Relationship: Specify the relationship of the respondent to the employee.
- Additional Protected Persons: If there are other family or household members or employees to be protected, list their names, sex, age, and relationship to the employee.
- Expiration Date: Indicate the date and time when the order is set to expire.
- Personal Conduct Orders: Check the appropriate boxes for the orders that are being requested, such as prohibiting harassment or contact with the employee.
- Stay-Away Orders: Check the boxes for the locations from which the respondent must stay away, such as the employee’s home or workplace.
- Firearms Restrictions: Indicate whether the respondent is prohibited from possessing firearms and specify the actions they must take regarding any firearms they own.
- Other Orders: If there are any additional orders being requested, specify them in the provided space.
- Mandatory Entry: Check the box indicating who will enter the order into the California Restraining and Protective Order System (CARPOS).
- No Fee to Serve: Indicate whether the sheriff or marshal will serve the order without charge.
- Attachments: Note the number of pages attached to the order, if any.
- Signature: Finally, leave space for the judicial officer's signature and date.
More About Fake Restraining Order
What is a Fake Restraining Order form?
A Fake Restraining Order form is a document that may appear to be an official court order but is not legally valid. It mimics the structure and language of a legitimate restraining order, which can lead to confusion or misuse. It is crucial to understand that using or creating such a document can have serious legal consequences.
How can I identify a Fake Restraining Order?
To identify a Fake Restraining Order, look for inconsistencies in the formatting, language, and official seals. Genuine court orders will have specific case numbers, proper court names, and signatures from judicial officers. If the document lacks these elements or contains errors, it may be fake. Consulting with a legal professional can provide clarity.
What should I do if I receive a Fake Restraining Order?
If you receive a Fake Restraining Order, do not comply with its terms. Instead, document the incident and seek legal advice immediately. You may need to inform law enforcement and explain the situation. They can help you understand your rights and provide guidance on how to proceed.
Can a Fake Restraining Order affect my legal standing?
Yes, a Fake Restraining Order can negatively impact your legal standing. If someone uses it to harass or intimidate you, it may lead to legal repercussions for them. Additionally, if law enforcement mistakenly believes it is real, it could lead to unnecessary complications. Always address such situations with the help of a lawyer.
What are the consequences of creating a Fake Restraining Order?
Creating a Fake Restraining Order is illegal and can result in criminal charges. Penalties may include fines and imprisonment. Courts take such actions seriously, as they undermine the integrity of the legal system. Anyone found guilty may face significant legal repercussions.
How can I protect myself from Fake Restraining Orders?
To protect yourself from Fake Restraining Orders, stay informed about your rights and legal processes. If you believe someone may attempt to file a fake order against you, consider consulting a lawyer for preventive measures. Keeping documentation of all interactions and communications can also be beneficial in case of disputes.
Common mistakes
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Incomplete Information: Failing to provide all required details, such as the full names and addresses of the petitioner and respondent, can lead to delays or rejections of the form.
-
Incorrect Case Number: Entering an incorrect or missing case number can complicate the filing process. It is essential to ensure that the case number is accurate and corresponds to the correct court.
-
Missing Signatures: Not signing the form can result in the court rejecting the application. All necessary parties must provide their signatures where indicated.
-
Failure to Specify Relationships: Not clearly indicating the relationship between the employee and the respondent can create confusion. This information is crucial for the court's understanding of the situation.
-
Omitting Protected Persons: Forgetting to list additional protected persons can weaken the request for protection. All relevant individuals should be included to ensure their safety.
-
Incorrect Expiration Date: Providing an incorrect expiration date can lead to misunderstandings about the order's duration. It is important to specify the correct date and time for the hearing.
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Not Following Submission Guidelines: Ignoring specific submission guidelines, such as how many copies to submit or where to file the form, can cause delays. Always check the court's requirements before submission.
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Ignoring Service Requirements: Failing to serve the restraining order properly can undermine its enforcement. Ensure that the order is delivered to the restrained person according to legal requirements.
Documents used along the form
When dealing with a Fake Restraining Order, it’s essential to understand the related forms and documents that may also be required. These documents help clarify the situation and ensure that all parties involved are aware of their rights and responsibilities. Below is a list of commonly used forms alongside the Fake Restraining Order.
- WV-120 Response to Petition for Workplace Violence Restraining Orders: This form allows the restrained person to respond to the claims made in the restraining order. It is important for the restrained person to file this if they wish to contest the order.
- WV-109 Notice of Court Hearing: This document provides information about the upcoming court hearing related to the restraining order. It informs the parties involved of the date, time, and location of the hearing.
- WV-800 Proof of Firearms Turned In, Sold, or Stored: If the restraining order includes a prohibition on firearms, this form serves as proof that the restrained person has complied with the order regarding firearms.
- MC-030 Declaration: This form allows individuals to submit written statements under penalty of perjury. It can be used to present evidence or support claims in court.
- WV-250 Proof of Service of Response by Mail: This document confirms that the restrained person has properly served their response to the petitioner or the petitioner’s attorney, which is a necessary step in the legal process.
- EPO-001 Emergency Protective Order: This is a more immediate form of protection that can be issued by law enforcement. It is often temporary and is intended to provide quick relief in urgent situations.
Understanding these forms and their purposes can significantly aid in navigating the complexities of a restraining order situation. Each document plays a vital role in ensuring that all parties are informed and that legal procedures are followed correctly.
Similar forms
The Fake Restraining Order form shares similarities with a Domestic Violence Restraining Order (DVRO). Both documents aim to protect individuals from harassment or violence. They require detailed information about the protected person and the restrained individual, including names, addresses, and physical descriptions. Additionally, both orders outline specific prohibitions against the restrained individual, such as contact restrictions and stay-away provisions. They also serve as legal documentation that can be enforced by law enforcement, ensuring the safety of the protected person.
Another document similar to the Fake Restraining Order is the Emergency Protective Order (EPO). An EPO is typically issued in urgent situations where immediate protection is necessary. Like the Fake Restraining Order, it includes terms that restrict the restrained person from contacting or approaching the protected individual. Both documents must be filed with the court and can lead to criminal penalties if violated. However, an EPO is generally temporary and lasts only until a court hearing can be scheduled, while the Fake Restraining Order may be in effect for a longer duration.
The Temporary Restraining Order (TRO) is also closely related to the Fake Restraining Order. A TRO is often used in various legal contexts to provide short-term protection before a more permanent solution is determined. Similar to the Fake Restraining Order, it requires the petitioner to provide evidence of the need for protection and outlines specific behaviors that the restrained individual must avoid. Both orders can be extended through court hearings, allowing the protected individual to maintain safety over an extended period.
Lastly, the Civil Harassment Restraining Order (CHRO) bears resemblance to the Fake Restraining Order. This document is designed for situations involving harassment that may not necessarily involve domestic violence. Like the Fake Restraining Order, a CHRO requires detailed information about the parties involved and specifies the prohibited actions against the protected person. Both orders aim to prevent further harassment and can lead to legal consequences for the restrained individual if not followed. They serve as essential tools in ensuring the safety and well-being of individuals facing harassment in various contexts.
Dos and Don'ts
When filling out the Fake Restraining Order form, it's essential to follow certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid during this process.
- Do provide accurate information for all required fields, including names, addresses, and contact details.
- Do clearly identify the protected person and the restrained person, ensuring all descriptions are correct.
- Do include any additional protected persons if applicable, and specify their relationship to the employee.
- Do review the completed form for any errors or omissions before submission.
- Don't leave any sections blank unless specifically instructed to do so.
- Don't provide misleading or false information, as this could lead to legal consequences.
- Don't forget to keep a copy of the completed form for your records after filing.
Misconceptions
Misconceptions about the Fake Restraining Order form can lead to misunderstandings and serious consequences. Here are seven common misconceptions:
- It’s easy to obtain a restraining order without evidence. Many believe that filing for a restraining order is straightforward and does not require substantial proof. In reality, courts require credible evidence of threats or harassment.
- A restraining order is a guarantee of safety. Some think that simply having a restraining order will ensure their safety. However, it is essential to understand that while it provides legal protection, it does not physically prevent someone from causing harm.
- Restraining orders are permanent. Many assume that once a restraining order is issued, it lasts indefinitely. In truth, temporary orders expire after a set time unless extended by the court.
- Only physical violence warrants a restraining order. A common belief is that only cases of physical violence qualify for a restraining order. Emotional abuse, threats, and stalking are also valid grounds for seeking protection.
- The restrained person cannot contest the order. Some think that once a restraining order is in place, the restrained individual has no recourse. In fact, they have the right to contest the order in court.
- Violating a restraining order is a minor issue. Many underestimate the seriousness of violating a restraining order. Such violations can lead to severe legal consequences, including arrest and criminal charges.
- Restraining orders are only for personal relationships. Some people believe that restraining orders apply only to domestic situations. However, they can also be sought in workplace settings or between acquaintances.
Understanding these misconceptions is crucial for anyone considering or involved in a restraining order situation. It is important to approach this process with accurate information and a clear understanding of the law.
Key takeaways
When filling out and using the Fake Restraining Order form, consider the following key takeaways:
- Accurate Information is Crucial: Ensure all names, addresses, and other personal details are correct. Mistakes can lead to delays or complications.
- Understand the Role of the Petitioner: The employer is the petitioner. They must provide their information and that of any legal representation.
- Identify the Respondent Clearly: Provide detailed information about the restrained person, including their physical description and relationship to the employee.
- List Additional Protected Persons: If there are family members or other employees who need protection, include them in the form.
- Expiration Date Matters: Specify the hearing date and time clearly. This order expires at the end of that hearing.
- Mandatory Entry into CARPOS: The order must be entered into the California Restraining and Protective Order System. Confirm this step is completed.
- Service of the Order: The sheriff or marshal will serve the order without charge if certain conditions are met. Make sure to understand these conditions.
- Consequences of Non-Compliance: The respondent must be aware that violating the order can lead to serious legal repercussions, including arrest.
- Attend the Hearing: Both the petitioner and the respondent should attend the hearing. This is crucial for presenting their cases effectively.