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The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a critical tool in addressing workplace violence and ensuring the safety of employees. This form is designed to provide immediate protection to individuals who may be facing threats or harassment in their work environment. It outlines essential information about the petitioner, typically the employer, and includes details about the employee, referred to as the protected person. The form identifies the respondent, or restrained person, and gathers personal characteristics such as name, sex, height, and relationship to the employee. Additionally, the form allows for the inclusion of other protected persons, ensuring that family members or coworkers who may also be at risk are considered. It specifies the duration of the order, which typically expires at the conclusion of a scheduled hearing, and includes mandatory directives that the restrained person must follow, such as maintaining a certain distance from the protected individuals and refraining from any form of contact. Furthermore, the form emphasizes the serious consequences of non-compliance, including potential criminal charges. By detailing the necessary steps for enforcement and the obligations of law enforcement agencies, the WV-110 form aims to provide a comprehensive framework for safeguarding individuals in the workplace.

Key takeaways

Understanding the Fake Restraining Order form is crucial for ensuring safety and compliance. Here are some key takeaways to keep in mind:

  • Complete all sections accurately. This includes information about the petitioner, the protected person, and the restrained person. Missing details can delay the process.
  • Be aware of the specific orders granted. These may include personal conduct orders and stay-away orders. Understanding these restrictions is vital for both the protected and restrained individuals.
  • Ensure the order is entered into the California Restraining and Protective Order System (CARPOS). This step is essential for law enforcement to enforce the order effectively.
  • Know the consequences of violating the order. Disobeying the terms can lead to serious legal repercussions, including potential jail time and fines.

Dos and Don'ts

When filling out the Fake Restraining Order form, it's essential to be cautious and thorough. Here are some important dos and don'ts to keep in mind:

  • Do provide accurate information about yourself and the respondent.
  • Do include all relevant details about the incidents that led to the request for the restraining order.
  • Do ensure that you understand the terms of the order you are requesting.
  • Do keep a copy of the completed form for your records.
  • Don't exaggerate or fabricate any details in your application.
  • Don't leave any sections of the form blank unless instructed to do so.
  • Don't submit the form without reviewing it for errors or omissions.
  • Don't forget to file the form with the appropriate court in a timely manner.

Documents used along the form

When dealing with a Fake Restraining Order, several other forms and documents may be necessary to support the process. Each of these documents plays a crucial role in ensuring that all parties involved understand their rights and responsibilities. Here’s a brief overview of some commonly used forms alongside the Fake Restraining Order.

  • WV-109: Notice of Court Hearing - This document informs the restrained person about the upcoming court hearing related to the restraining order. It includes the date, time, and location of the hearing, ensuring that the respondent has an opportunity to present their side.
  • WV-120: Response to Petition for Workplace Violence Restraining Orders - If the restrained person wishes to contest the order, they can use this form to provide their response to the court. It allows them to explain their perspective and present any evidence or witnesses.
  • WV-250: Proof of Service of Response by Mail - This form is used to prove that the restrained person has properly served their response to the petitioner or their attorney. It ensures that all parties are informed of the ongoing proceedings.
  • MC-030: Declaration - This is a document where individuals can provide written statements under penalty of perjury. It can be used to support claims or defenses in court, providing additional context to the situation.
  • WV-800: Proof of Firearms Turned In, Sold, or Stored - In cases where firearms are involved, this form serves as proof that the restrained person has complied with the court's order to relinquish any firearms they possess.
  • Attachment Forms - Various attachment forms may be used to provide additional information or specify further details related to the restraining order, such as additional protected persons or specific orders requested.
  • Emergency Protective Order (EPO-001) - This is a temporary order issued in emergency situations, providing immediate protection to the petitioner. It takes precedence over other orders if more than one exists.
  • Law Enforcement Report - If any violations of the restraining order occur, this report documents the incident and serves as a record for law enforcement and the court.
  • Texas VTR-850 Form: This form is essential for vehicle owners seeking classic license plates in Texas. For more information, visit https://texasformspdf.com/fillable-texas-vtr-850-online/.
  • Judicial Officer’s Order - This is the official court order that outlines the terms and conditions of the restraining order, signed by a judge, and is crucial for enforcement by law enforcement agencies.

Understanding these forms and their purposes can make navigating the legal process smoother for everyone involved. Each document serves a specific function and contributes to the overall framework of protection and accountability. Being well-informed can empower individuals to take the necessary steps to ensure their safety and rights are upheld.

Things to Know About This Form

What is a Fake Restraining Order form?

A Fake Restraining Order form typically refers to a document that imitates a legitimate restraining order but lacks legal validity. Such forms may be created with the intent to deceive or manipulate individuals or authorities. It is important to understand that using or distributing fake legal documents can have serious legal consequences.

How can I identify a legitimate restraining order?

To identify a legitimate restraining order, check for the following elements:

  1. The document should be stamped and signed by a court official.
  2. It should include a case number and the names of the involved parties.
  3. There must be clear terms outlining the restrictions placed on the restrained person.
  4. The order should include a date and time for a hearing, if applicable.

If any of these elements are missing or appear altered, the document may not be legitimate.

What are the consequences of using a fake restraining order?

Using a fake restraining order can lead to severe penalties, including criminal charges. Offenders may face fines, imprisonment, or both. Additionally, the individual who created or used the fake document may be liable for civil damages to the affected parties.

Can a restraining order be contested?

Yes, a restraining order can be contested. The restrained individual has the right to respond to the order by filing a response with the court. This response should be submitted before the scheduled hearing. The respondent can present evidence and arguments to contest the order during the hearing.

What should I do if I receive a restraining order?

If you receive a restraining order, it is crucial to read it carefully and understand its terms. You must comply with all orders outlined in the document. If you wish to contest the order, consider seeking legal advice and prepare to attend the hearing.

How long does a restraining order last?

The duration of a restraining order varies based on the court's decision. Temporary restraining orders typically last until the scheduled hearing. If the court issues a permanent restraining order, it may last for several years, depending on the circumstances of the case.

Where can I find more information about restraining orders?

For more information about restraining orders, individuals can visit their local court's website or consult legal resources such as state bar associations. Many courts also provide informational brochures that outline the process and requirements for obtaining or contesting a restraining order.

Preview - Fake Restraining Order Form

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)

Document Specifics

Fact Name Description
Form Title The document is officially titled "Temporary Restraining Order" and is designated as form WV-110.
Governing Laws This form is governed by the California Code of Civil Procedure, specifically sections 527.8 and 527.9.
Purpose The form is intended to provide protection for employees from workplace violence, allowing them to request temporary restraining orders.
Protected Persons In addition to the employee, the form allows for the inclusion of family or household members as additional protected persons.
Enforcement The order must be entered into the California Restraining and Protective Order System (CARPOS) for enforcement by law enforcement agencies.

How to Fill 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 necessary information is provided. Once the form is filled out, it will need to be submitted to the appropriate court for processing.

  1. Petitioner Information: Enter the name of the employer in the "Petitioner" section. If a lawyer is representing the petitioner, include their name, State Bar number, and firm name.
  2. Provide the address of the petitioner. If a lawyer is involved, use the lawyer’s address instead.
  3. Employee Information: Fill in the full name of the employee who is the protected person.
  4. Complete the court name and street address where the form will be filed. This is usually the Superior Court of California, County of.
  5. Respondent Information: Fill in the full name of the restrained person. Include their sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
  6. Indicate the relationship of the respondent to the employee.
  7. Additional Protected Persons: List any family or household members or other employees who need protection. Provide their full names, sex, age, and relationship to the employee.
  8. Expiration Date: Specify the date and time when the order expires. This is typically at the end of the scheduled hearing.
  9. Personal Conduct Orders: Check the boxes for any personal conduct orders that are being requested against the respondent.
  10. Stay-Away Order: Indicate the distance the respondent must stay away from the employee and other specified locations.
  11. No Guns or Other Firearms: Confirm that the respondent cannot possess firearms and outline the steps they must take regarding any firearms in their possession.
  12. Other Orders: Specify any additional orders being requested.
  13. Mandatory Entry of Order: Check the appropriate box regarding the entry of the order into the California Restraining and Protective Order System (CARPOS).
  14. No Fee to Serve: Indicate whether the sheriff or marshal will serve the order without charge.
  15. Count the number of pages attached to the order, if any, and fill in the date.
  16. Leave space for the judicial officer's signature.