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Content Overview

The Fake Restraining Order form, officially known as the WV-110 Temporary Restraining Order, serves as a crucial legal document designed to protect individuals from workplace violence. This form is utilized primarily by employers acting as petitioners to seek immediate court orders that prevent potential harm to employees. Essential details required on the form include the names and contact information of both the petitioner and the restrained person, as well as specific descriptions such as physical attributes and relationships. The form outlines the nature of the restrictions imposed, including prohibitions against harassment, stalking, and contact with the protected employee and any additional individuals specified. Importantly, the form stipulates the expiration date of the order, which coincides with the date of the scheduled hearing. It also includes mandates regarding the surrender of firearms, ensuring that the restrained individual cannot possess weapons during the order's duration. Moreover, the form is designed to be entered into the California Restraining and Protective Order System (CARPOS) to facilitate enforcement by law enforcement agencies. The consequences of violating this order are serious, potentially leading to criminal charges, fines, and imprisonment. Overall, the WV-110 form is a vital tool in safeguarding employees and maintaining a secure work environment.

Similar forms

The Fake Restraining Order form shares similarities with several other legal documents that serve to protect individuals from various forms of harm or harassment. Below is a list of documents that are similar in purpose or function:

  • Domestic Violence Restraining Order: This document is designed to protect individuals from domestic violence. Like the Fake Restraining Order, it outlines prohibited behaviors and specifies the individuals who are protected.
  • Civil Harassment Restraining Order: This order is used to prevent harassment in non-domestic situations. It functions similarly by outlining the behaviors that are not allowed and the individuals who are protected.
  • Transfer-on-Death Deed: This document allows property owners to designate beneficiaries to inherit real estate upon death, similarly providing a protective measure for asset transfer. For more information, visit transferondeathdeedform.com/oklahoma-transfer-on-death-deed/.
  • Emergency Protective Order (EPO): Issued by law enforcement, this order provides immediate protection to individuals at risk of harm. It is temporary, much like the Fake Restraining Order, and requires a court hearing for further action.
  • Workplace Violence Restraining Order: Specifically designed to address violence or threats in the workplace, this order is similar in its intent to protect employees from harm, outlining specific restrictions on the restrained person.
  • No Contact Order: Often issued in criminal cases, this order prohibits the restrained person from contacting the victim. It shares the same goal of preventing harassment and ensuring safety as the Fake Restraining Order.
  • Stalking Restraining Order: This document is aimed at preventing stalking behaviors. It similarly defines prohibited actions and protects specific individuals, just like the Fake Restraining Order.
  • Child Custody Restraining Order: In cases involving children, this order can restrict a parent’s access to their child to ensure safety. It parallels the Fake Restraining Order in its protective nature and the legal framework surrounding it.
  • Protection Order for Victims of Sexual Assault: This order is intended to protect individuals from sexual assault and harassment. It is similar in that it defines unacceptable behaviors and provides legal recourse for the victim.

Each of these documents serves a protective purpose, aiming to create a safer environment for individuals who may be at risk of harm or harassment. While the specific circumstances and legal frameworks may differ, the underlying goal remains consistent across these forms.

Document Specifics

Fact Name Details
Purpose The Fake Restraining Order form is designed to provide protection for employees from workplace violence.
Governing Law This form is governed by the California Code of Civil Procedure, sections 527.8 and 527.9.
Parties Involved The form identifies three key parties: the Petitioner (Employer), the Employee (Protected Person), and the Respondent (Restrained Person).
Personal Conduct Orders Orders may include prohibitions against harassment, stalking, and any form of contact with the protected person.
Stay-Away Requirements The Respondent must maintain a specified distance from the Employee, their workplace, and other protected persons.
Firearm Restrictions The Respondent is prohibited from owning or possessing firearms and must surrender any firearms within 24 hours of the order.
Enforcement The order must be entered into the California Restraining and Protective Order System (CARPOS) for law enforcement to enforce it.

Things You Should Know About This Form

  1. What is a Fake Restraining Order form?

    A Fake Restraining Order form is a document that is improperly used to create the appearance of a legal restraining order without any legitimate basis. This form may mimic the official format but lacks the legal authority and validity of a genuine restraining order issued by a court.

  2. What are the consequences of using a Fake Restraining Order?

    Using a Fake Restraining Order can lead to serious legal repercussions. It may result in criminal charges, including fraud or harassment. Penalties can include fines and imprisonment, depending on the severity of the offense and local laws.

  3. How can I identify a Fake Restraining Order?

    To identify a Fake Restraining Order, check for the following:

    • Missing court stamps or signatures.
    • Incorrect court information.
    • Inconsistencies in the details provided about the parties involved.
    • Lack of a case number.

    If any of these elements are absent or incorrect, the order may be fake.

  4. What should I do if I receive a Fake Restraining Order?

    If you suspect that you have received a Fake Restraining Order, do not ignore it. Contact a lawyer immediately to discuss your options. You may also want to report the matter to law enforcement, as it may involve criminal activity.

  5. Can a Fake Restraining Order affect my legal standing?

    Yes, a Fake Restraining Order can negatively impact your legal standing. It may lead to misunderstandings in legal proceedings, affect your reputation, and potentially harm your ability to defend yourself in court.

  6. What steps can I take to protect myself from Fake Restraining Orders?

    To protect yourself, keep thorough records of all communications and interactions with the person who may file a restraining order against you. If you feel threatened, consider seeking a legitimate restraining order to preemptively address any harassment.

  7. Are there legal resources available for dealing with Fake Restraining Orders?

    Yes, various legal resources are available. You can consult with a lawyer who specializes in family law or civil rights. Additionally, local legal aid organizations may provide assistance and guidance on how to handle Fake Restraining Orders.

  8. What is the best way to report a Fake Restraining Order?

    The best way to report a Fake Restraining Order is to contact your local law enforcement agency. Provide them with all relevant details and documentation. They can investigate the situation and take appropriate action.

Documents used along the form

When dealing with workplace violence and the issuance of a restraining order, several forms and documents may accompany the Fake Restraining Order form. Each of these documents serves a specific purpose, ensuring that all parties involved understand their rights and responsibilities. Here’s a brief overview of these essential forms.

  • WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the restrained person to formally respond to the allegations made against them. It is crucial for presenting their side of the story during the court proceedings.
  • WV-109: Notice of Court Hearing - This document notifies the restrained person of the date and time of the hearing regarding the restraining order. It is essential for ensuring that they have the opportunity to appear in court and defend themselves.
  • MC-030: Declaration - A declaration is a written statement made under penalty of perjury. This form can be used by either party to provide additional evidence or testimony to support their claims or defenses in the case.
  • WV-800: Proof of Firearms Turned In, Sold, or Stored - If the restraining order includes provisions regarding firearms, this form is used to document compliance with the order to surrender any firearms to a licensed dealer or law enforcement.
  • Hold Harmless Agreement - A crucial document to protect parties from legal actions stemming from unforeseen incidents. This agreement ensures that one party agrees not to hold the other legally responsible for any risks or losses, such as outlined in the Hold Harmless Agreement.
  • 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 hearing. Proper service is vital for the legal process to proceed.
  • Attachment Forms - These are additional documents that may be attached to the restraining order to provide further details about the protected persons, specific orders, or other relevant information. They help clarify the scope and intent of the restraining order.

Understanding these documents is essential for both petitioners and respondents in navigating the complexities of workplace violence cases. Each form plays a pivotal role in ensuring that the legal process is fair and just, allowing all parties to present their cases effectively.

Fake Restraining Order Preview

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)