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The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a crucial document in the context of workplace violence prevention. This form is designed for use by employers seeking legal protection for employees who may be at risk of harm from a specific individual, known as the respondent. Key sections of the form include the identification of the petitioner, typically the employer, along with their legal representation, if applicable. The form requires detailed information about the employee, who is the protected person, and the respondent, including personal characteristics such as name, sex, height, and relationship to the employee. It also allows for the inclusion of additional protected persons, such as family members or other employees. The form outlines specific orders, including personal conduct restrictions and stay-away requirements, which prohibit the respondent from engaging in harmful behaviors or approaching designated locations. Furthermore, it mandates the surrender of firearms and establishes the procedures for law enforcement to enforce the order. The expiration date of the order is also specified, ensuring clarity on its duration. The form emphasizes the legal ramifications for non-compliance, underscoring the seriousness of the protective measures it enacts.
Dos and Don'ts
When filling out the Fake Restraining Order form, it’s crucial to follow specific guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:
- Do provide accurate and complete information about the petitioner and the respondent.
- Do ensure that all sections of the form are filled out, including names, addresses, and relationships.
- Do check the expiration date and ensure it is clearly stated.
- Do attach any necessary additional information or attachments as required.
- Do keep a copy of the completed form for your records.
- Don’t leave any sections blank unless specifically instructed to do so.
- Don’t provide false information or exaggerate claims, as this can lead to legal consequences.
- Don’t forget to review the form for errors before submission.
- Don’t neglect to follow up with the court to ensure the order has been processed.
Document Attributes
| Fact Name | Details |
|---|---|
| Form Title | WV-110 Temporary Restraining Order |
| Governing Law | California Code of Civil Procedure, §§ 527.8 and 527.9 |
| Purpose | The form is used to request a temporary restraining order to prevent workplace violence. |
| Expiration | The order expires at the end of the hearing scheduled on the specified date and time. |
| Personal Conduct Orders | The order can prohibit the restrained person from contacting or harassing the protected person. |
| Stay-Away Requirements | The restrained person must stay a specified distance away from the employee and other protected persons. |
| Firearms Restrictions | The restrained person cannot possess firearms and must turn them in within 24 hours of being served. |
Key takeaways
Understanding the process of filling out and using the Fake Restraining Order form is crucial for all involved parties. Here are some key takeaways to keep in mind:
- The form must be filled out completely, including details about the petitioner, employee, and respondent. Accurate information ensures that the court can effectively process the order.
- Make sure to specify any additional protected persons. This could include family members or other employees who may also need protection under the order.
- Pay attention to the expiration date of the order. This date indicates when the temporary restraining order will no longer be in effect unless extended by the court.
- Compliance with the order is mandatory. Failure to adhere to the terms can lead to serious legal consequences, including potential jail time and fines.
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Example - Fake Restraining Order Form
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
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State Bar No.: |
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Firm Name: |
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b. Your Address (If you have a lawyer, give your lawyer’s information.):
Address:
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Telephone:Fax:
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) |
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Case Number: |
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Full Name: |
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Description: |
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Sex: |
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F Height: |
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Weight: |
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Date of Birth: |
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Hair Color: |
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Eye Color: |
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Age: |
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Home Address (if known): |
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City: |
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State: |
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Relationship to Employee: |
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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:
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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 |
(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 |
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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 |
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telephone, in writing, by public or private mail, by |
(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.
7
Not Requested
Denied Until the Hearing |
Granted as Follows: |
a. You must stay at least |
yards away from |
(check all that apply): |
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(1) |
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(7) |
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The employee |
The employee’s children’s place of child care |
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(2) |
Each other protected person listed in 4 (8) |
The employee’s vehicle |
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(3) |
The employee’s workplace |
(9) |
Other (specify): |
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(4)
The employee’s home
(5)
The employee’s school
(6)
The employee’s children’s school
b. This
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(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
c.
The court has received information that you own or possess a firearm.
9 Other Orders |
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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
The clerk will transmit this Order and its
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
Name of Law Enforcement Agency |
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Address (City, State, Zip) |
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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
(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
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
•If you want to respond, fill out form
•You must have form
•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
•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
(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
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
2.No Contact Order: If there is no EPO, a
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.)
I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.
Date: |
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Clerk, by |
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, Deputy |
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
Detailed Instructions for Writing Fake Restraining Order
Filling out the Fake Restraining Order form requires careful attention to detail. Each section of the form must be completed accurately to ensure that the necessary information is provided. Once the form is filled out, it will need to be submitted to the appropriate court for processing.
- Petitioner Information: Start by entering your name as the Petitioner (Employer). If you have a lawyer, include their name, State Bar number, and firm name.
- Your Address: Provide your address, including city, state, and zip code. If applicable, include your lawyer's contact information as well.
- Employee Information: Fill in the full name of the Employee (Protected Person) who is seeking protection.
- Court Information: Write the name and street address of the Superior Court of California, County of where you are filing the form.
- Respondent Information: Enter the full name of the Respondent (Restrained Person) along with their description, sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Relationship to Employee: Specify the relationship between the Respondent and the Employee.
- Additional Protected Persons: If there are other family members or employees to be protected, list their full names, sex, age, and relationship to the Employee.
- Expiration Date: Indicate the date and time when the order will expire, typically at the end of the scheduled hearing.
- Personal Conduct Orders: Check the boxes for any personal conduct orders that you wish to request against the Respondent.
- Stay-Away Orders: Specify the locations from which the Respondent must stay away, such as the Employee’s home or workplace.
- No Guns or Other Firearms: Indicate whether the Respondent should be prohibited from owning or possessing firearms and detail the required actions.
- Other Orders: If you have any additional requests for orders, specify them in this section.
- Mandatory Entry of Order: Choose how the order will be entered 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: If there are any additional pages attached to the order, note the number of pages.
- Date and Judicial Officer: Finally, sign and date the form, and ensure that a judicial officer reviews it.
Documents used along the form
The process of obtaining a restraining order often involves several accompanying forms and documents. Each of these documents serves a specific purpose in ensuring that the rights and safety of the involved parties are upheld. Below is a list of commonly used forms alongside the Fake Restraining Order form.
- WV-109 Notice of Court Hearing: This form informs the restrained person of the scheduled court hearing regarding the restraining order. It includes details such as the date, time, and location of the hearing.
- WV-120 Response to Petition for Workplace Violence Restraining Orders: This document allows the restrained person to formally respond to the allegations made in the restraining order petition. It must be filed with the court and served to the petitioner.
- WV-120-INFO How Can I Respond to a Petition for Orders to Stop Workplace Violence?: This informational form provides guidance to the restrained person on how to respond to the petition and what steps to take during the process.
- MC-030 Declaration: This form is used to submit written statements from the restrained person or witnesses that provide additional context or evidence regarding the case.
- Room Rental Agreement: To ensure clarity between landlords and tenants, it is essential to have a formal agreement, such as the https://newyorkform.com/free-room-rental-agreement-template, that outlines the specific terms of the rental arrangement.
- WV-800 Proof of Firearms Turned In, Sold, or Stored: This document serves as proof that the restrained person has complied with the order to relinquish firearms. It must be filed with the court within a specified time frame.
- Proof of Service (form WV-250): This form is used to document that legal papers, such as the response to the petition, have been properly served to the petitioner or their attorney.
- Attachment Forms: These forms may accompany the restraining order to provide additional details or requests regarding the order, such as specifying additional protected persons or outlining other orders requested.
- Clerk’s Certificate: This certification from the court clerk verifies that the restraining order is an accurate copy of the original document filed with the court.
- Law Enforcement Notification: This document is used to inform law enforcement agencies about the restraining order, ensuring they have the necessary information to enforce it effectively.
- Fee Waiver Application: If the petitioner cannot afford the filing fees, this application allows them to request a waiver of fees associated with filing the restraining order.
These documents collectively ensure that the process surrounding restraining orders is thorough and that all parties are informed of their rights and responsibilities. Proper completion and submission of these forms can significantly impact the outcome of the case.