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The Fake Restraining Order form, officially known as the WV-110 Temporary Restraining Order, serves a critical function in addressing workplace violence and ensuring the safety of employees. This document is utilized by employers to seek temporary protection for employees who may be facing threats or harassment from individuals identified as respondents. The form requires detailed information about both the petitioner, typically the employer, and the respondent, including their names, physical descriptions, and relationships. Additionally, it outlines the specific orders that may be granted, such as prohibiting the respondent from contacting or approaching the protected employee or other designated individuals. The form also includes provisions regarding firearms, mandating that the respondent relinquish any weapons they may possess. A key feature of this order is its enforceability; once issued, it must be entered into the California Restraining and Protective Order System (CARPOS) to ensure law enforcement can act upon it. Furthermore, the form specifies the consequences of violating the order, which can include criminal charges and potential jail time. Ultimately, the WV-110 form is designed to provide immediate relief and protection for individuals in potentially dangerous situations, highlighting the importance of safety in the workplace.

Documents used along the form

When dealing with a Fake Restraining Order, several other forms and documents may be relevant. These documents help clarify the legal context and ensure that all parties understand their rights and obligations. Below is a brief overview of four commonly associated documents.

  • WV-120, Response to Petition for Workplace Violence Restraining Orders: This form allows the restrained person to respond to the allegations made against them in the restraining order. It provides an opportunity to present their side of the story and potentially contest the order.
  • WV-109, Notice of Court Hearing: This document informs the restrained person of the scheduled court hearing regarding the restraining order. It outlines the date, time, and location of the hearing, ensuring that all parties are aware of when they need to appear in court.
  • WV-800, Proof of Firearms Turned In, Sold, or Stored: If the restraining order includes a provision regarding firearms, this form is necessary to document compliance. It serves as proof that the restrained person has surrendered any firearms in their possession, as mandated by the order.
  • California Boat Bill of Sale - This legal document records the transfer of ownership of a boat from one party to another and serves as proof of the transaction. To begin the process, you can access the California PDF Forms.
  • MC-030, Declaration: This form can be used to submit written statements from the restrained person or witnesses. It helps provide additional context or evidence related to the case, which may be considered during the hearing.

Understanding these documents is crucial for anyone involved in a restraining order case. Each form plays a specific role in the legal process, helping to protect the rights of all parties while ensuring compliance with the law.

Fake Restraining Order Example

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)

FAQ

What is a Fake Restraining Order form?

A Fake Restraining Order form is a document that is not legally valid and is often created with the intent to deceive. It may mimic the appearance of a legitimate restraining order but lacks the authority of a court. Using such a form can lead to serious legal consequences, including charges of fraud or harassment. It is crucial to understand that only orders issued by a court have legal standing.

What are the potential consequences of using a Fake Restraining Order?

Using a Fake Restraining Order can result in severe repercussions. Individuals found responsible for creating or using such a document may face criminal charges. Penalties can include fines, imprisonment, or both. Additionally, the person who was falsely restrained could pursue civil action for damages. It is essential to approach matters of legal protection with integrity and to seek legitimate legal avenues.

How can I ensure that a restraining order is legitimate?

To verify the legitimacy of a restraining order, follow these steps:

  1. Contact the issuing court. They can confirm whether the order exists and its details.
  2. Check for proper signatures and court seals on the document.
  3. Look for case numbers and other identifying information that can be cross-referenced with court records.

Taking these steps can help ensure that you are dealing with a valid restraining order and not a fake document.

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

If you receive a Fake Restraining Order, it is important to take immediate action:

  • Do not comply with the order, as it is not legally binding.
  • Document the order and any interactions related to it.
  • Consult with a legal professional who can advise you on the best course of action.
  • Consider reporting the incident to law enforcement, especially if you feel threatened.

Addressing the situation promptly can help protect your rights and mitigate any potential harm.

Key takeaways

When filling out and using the Fake Restraining Order form, consider these key takeaways:

  • Accurate Information is Crucial: Ensure that all names, addresses, and details about the parties involved are filled out correctly. Mistakes can lead to delays or complications in the process.
  • Understand the Restrictions: The order outlines specific behaviors that the restrained person must avoid. Familiarize yourself with these restrictions to ensure compliance and enforceability.
  • Legal Consequences: Violating the restraining order can lead to serious legal repercussions, including arrest and fines. It is essential to take the order seriously and adhere to its terms.
  • Follow Up with Law Enforcement: After the order is issued, it must be entered into the California Restraining and Protective Order System (CARPOS). Confirm that this step has been completed to ensure proper enforcement.

Form Characteristics

Fact Name Description
Form Title This is the Temporary Restraining Order form, designated as WV-110.
Governing Law The form is governed by the California Code of Civil Procedure, sections 527.8 and 527.9.
Petitioner Information The petitioner is typically the employer seeking protection for an employee.
Protected Person The employee is the protected person, whose safety is the primary concern of the order.
Respondent Details The form requires detailed information about the respondent, including their physical description and relationship to the employee.
Additional Protected Persons Family or household members can also be included as protected persons under this order.
Expiration Date The order expires at the end of the scheduled hearing date and time.
Personal Conduct Orders The order may include prohibitions against harassment, stalking, and other harmful behaviors towards the protected person.
Firearm Restrictions The respondent is prohibited from owning or possessing firearms while the order is in effect.
Service Fees The sheriff or marshal may serve the order without charge if specific conditions are met, such as a credible threat of violence.