Content Overview
The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a critical legal document designed to provide immediate protection for employees facing potential threats or violence in the workplace. This form requires the petitioner, often an employer, to provide essential details such as their name, address, and contact information, as well as that of the employee seeking protection. The form outlines the respondent's personal information, including their full name, physical description, and relationship to the employee. In addition to the primary employee, the form allows for the inclusion of additional protected persons, such as family members or other employees who may also need safeguarding. The document specifies the expiration date of the order, which is determined by the scheduled court hearing. Furthermore, it contains explicit instructions regarding prohibited actions for the restrained person, including harassment, stalking, and contact with the protected individuals. The form also mandates the surrender of any firearms and outlines the responsibilities of law enforcement agencies in enforcing the order. Overall, the WV-110 form plays a vital role in ensuring the safety and well-being of individuals in potentially dangerous work environments.
Key takeaways
Ensure that all personal information is accurately filled out in the form, including names, addresses, and contact details for both the petitioner and the respondent.
Identify the protected persons clearly. Include any additional family or household members who may need protection.
Specify the expiration date of the restraining order. This is crucial for understanding how long the order remains in effect.
Understand the personal conduct orders that can be requested, such as prohibiting harassment or contact with the protected persons.
Be aware that a stay-away order can be granted, requiring the restrained person to maintain a specific distance from the protected persons and their locations.
Know that the restrained person is prohibited from owning or possessing firearms while the order is in effect. Compliance is mandatory.
Check whether the order will be entered into the California Restraining and Protective Order System (CARPOS) for enforcement by law enforcement agencies.
Understand that there is no fee for serving the restraining order if it is based on a credible threat of violence.
Finally, be aware of the consequences for violating the order, which can include arrest and criminal charges.
Guide to Writing Fake Restraining Order
Filling out the Fake Restraining Order form requires careful attention to detail to ensure that all necessary information is accurately provided. Once completed, the form must be submitted to the appropriate court for processing. Follow these steps to fill out the form correctly.
- Begin with the section for the Petitioner (Employer). Enter your name and, if applicable, the name of your lawyer, including their State Bar number and firm name.
- Provide your address, including city, state, and zip code. If you have a lawyer, include their contact information.
- Next, fill in the Employee (Protected Person) section with the full name of the employee.
- In the Respondent (Restrained Person) section, write the full name of the person being restrained. Include details such as sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Indicate the relationship to the employee in the designated space.
- If there are additional protected persons, list their names, sex, age, and relationship to the employee in the Additional Protected Persons section.
- Set the Expiration Date for the order by specifying the date and time of the hearing.
- Complete the Personal Conduct Orders section by checking the appropriate boxes to indicate the orders being requested against the respondent.
- In the Stay-Away Order section, specify the distances and locations from which the respondent must stay away.
- Fill out the No Guns or Other Firearms and Ammunition section to indicate restrictions on firearm possession.
- Include any Other Orders that may be necessary in the designated section.
- Check the box regarding the Mandatory Entry of Order Into CARPOS to confirm how the order will be entered into the system.
- Indicate whether there is a No Fee to Serve the restrained person, providing reasons if applicable.
- Finally, count and note the number of pages attached to the order, and sign and date the document.
After completing these steps, ensure that the form is filed with the appropriate court. The court will then process the order and notify the necessary parties. Adhering to the outlined steps is crucial for the successful submission of the restraining order.
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Form Preview Example
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
Name: |
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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Date of Birth: |
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Hair Color: |
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Eye Color: |
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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)
Documents used along the form
When dealing with a Fake Restraining Order, several other forms and documents often accompany it to ensure proper legal procedures are followed. Each of these documents serves a specific purpose in the context of workplace violence prevention and the legal process surrounding restraining orders. Understanding these forms can help clarify the steps involved and the rights of all parties concerned.
- WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the restrained person to formally respond to the allegations made in the restraining order. It is essential for the restrained individual to submit this response to present their side of the story during the hearing.
- Doctor's Excuse Note - A notable form that verifies an individual's medical absence, ensuring they can recover without penalty; for more details, visit smarttemplates.net/fillable-doctors-excuse-note/.
- WV-109: Notice of Court Hearing - This document informs the restrained person of the date and time of the court hearing regarding the restraining order. It is critical for ensuring that the restrained individual has an opportunity to appear in court and defend themselves.
- WV-800: Proof of Firearms Turned In, Sold, or Stored - If the restraining order includes a provision regarding firearms, this form serves as proof that the restrained person has complied with the order to turn in or store their firearms with a licensed dealer or law enforcement agency.
- MC-030: Declaration - This form allows individuals to submit a written statement of facts relevant to the case. It can be used by both the petitioner and the restrained person to provide additional context or evidence during the hearing.
Each of these documents plays a vital role in the legal process surrounding restraining orders. Familiarity with them can help individuals navigate the complexities of the law, ensuring that their rights are protected and that they understand their obligations under the order. Properly managing these forms can lead to a more informed and effective legal experience.