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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)

Documents used along the form

When seeking a Fake Restraining Order, several other forms and documents may be necessary to ensure a comprehensive understanding of the legal process involved. Each document serves a unique purpose and aids in the overall management of the situation. Below is a list of commonly used documents that accompany the Fake Restraining Order form, along with a brief description of each.

  • 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 crucial for ensuring that the restrained party has an opportunity to present their side of the story.
  • WV-109, Notice of Court Hearing: This document notifies the restrained person of the date and time of the court hearing regarding the restraining order. It is essential for ensuring that all parties are aware of the legal proceedings.
  • WV-800, Proof of Firearms Turned In, Sold, or Stored: If the restraining order includes provisions regarding firearms, this form is used to provide proof that any firearms in the possession of the restrained person have been properly turned in or stored as required by the order.
  • MC-030, Declaration: This form allows individuals to submit written statements that provide additional context or evidence related to the case. Declarations can be helpful in supporting the arguments presented in court.
  • WV-250, Proof of Service of Response by Mail: After filing a response, this document confirms that the response was served to the petitioner or their attorney. Proper service is crucial to ensure that all parties are informed of the proceedings.
  • Attachment Forms: Various attachment forms may be used to provide additional details or specify further orders that are not included in the main restraining order. These attachments can clarify the scope of the order.
  • Law Enforcement Notification Form: This document is used to inform law enforcement agencies about the restraining order. It ensures that law enforcement is aware of the order and can enforce it if necessary.
  • Motor Vehicle Bill of Sale: To properly document the sale of a vehicle, both parties should download and submit the form that details the transaction and serves as proof of purchase.
  • Fee Waiver Application: If the petitioner cannot afford the court fees associated with filing for a restraining order, this form can be submitted to request a waiver of those fees.
  • Emergency Protective Order (EPO): In situations where immediate protection is needed, an EPO can be requested. This order provides temporary relief and can be issued quickly, often outside of regular court hours.

Understanding these accompanying forms and documents is vital for navigating the legal landscape surrounding restraining orders. Each plays a significant role in ensuring that the rights of all parties are respected and that the legal process is followed correctly. By being informed about these documents, individuals can better prepare themselves for the challenges that may arise during this process.

Similar forms

  • Domestic Violence Restraining Order: This document serves to protect individuals from abuse or threats from someone with whom they have a close relationship. Similar to the Fake Restraining Order, it outlines the prohibited actions and establishes a safe distance between the parties involved.

  • Civil Harassment Restraining Order: This order is designed for individuals who are experiencing harassment from someone with whom they do not have a close relationship. Like the Fake Restraining Order, it specifies the behaviors that are not allowed and can include provisions for distance and communication restrictions.

  • Emergency Protective Order: Issued in urgent situations, this order provides immediate protection and is typically granted without a hearing. It shares similarities with the Fake Restraining Order in that it prohibits specific actions and may require the restrained person to stay away from the protected individual.

  • Workplace Violence Restraining Order: Specifically aimed at protecting employees from threats or acts of violence in the workplace, this order is akin to the Fake Restraining Order. It includes similar provisions regarding conduct and distance from the workplace and employees.

  • No Contact Order: Often issued in criminal cases, this order prohibits any form of communication between the parties. It mirrors the Fake Restraining Order by establishing boundaries and restrictions on contact to ensure safety for the protected individual.

  • Durable Power of Attorney: For those needing to delegate decision-making authority, our guidance on Durable Power of Attorney forms is essential for ensuring your affairs are managed appropriately.
  • Child Custody Restraining Order: This type of order may be issued in cases involving child custody disputes, restricting one parent’s access to the other or the child. It shares common elements with the Fake Restraining Order, as it aims to protect the well-being of individuals involved and outlines specific prohibitions.

Misconceptions

Understanding the Fake Restraining Order form can help dispel common misconceptions. Here are eight prevalent misunderstandings regarding this form:

  1. All restraining orders are the same. Many people believe that all restraining orders function identically. In reality, they can vary significantly based on the circumstances, such as workplace violence or domestic issues.
  2. Only victims can file a restraining order. While victims often initiate these requests, employers can also file restraining orders on behalf of employees who are experiencing threats or violence in the workplace.
  3. A restraining order is a guarantee of safety. Some assume that obtaining a restraining order ensures complete protection. However, while it provides legal boundaries, it does not guarantee safety from the restrained individual.
  4. The restrained person cannot contest the order. Many think that once a restraining order is issued, the restrained individual has no recourse. In fact, they can contest the order at a scheduled hearing.
  5. Restraining orders are permanent. A common belief is that once a restraining order is issued, it lasts indefinitely. In reality, these orders typically have expiration dates and may need renewal.
  6. Violating a restraining order is a minor issue. Some people underestimate the seriousness of violating a restraining order. In truth, violations can lead to significant legal consequences, including arrest and fines.
  7. The restraining order is effective immediately. There is a misconception that restraining orders take effect as soon as they are filed. However, they often require service to the restrained person to be enforceable.
  8. Only law enforcement can enforce a restraining order. While law enforcement plays a crucial role, individuals can also report violations to the court, ensuring that appropriate actions are taken.

By clarifying these misconceptions, individuals can better understand the purpose and limitations of restraining orders, leading to more informed decisions and actions.

Understanding Fake Restraining Order

  1. What is a Fake Restraining Order form?

    A Fake Restraining Order form is a document that may be used to falsely claim that an individual is a threat to another person. It is important to note that creating or submitting a fake restraining order is illegal and can lead to serious legal consequences.

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

    Using a Fake Restraining Order can result in criminal charges, which may include fines or jail time. If someone is found guilty of filing a false restraining order, they may also be liable for damages in a civil lawsuit brought by the victim of the false claim.

  3. How can I report a Fake Restraining Order?

    If you believe a restraining order has been filed against you falsely, you should contact law enforcement immediately. They can investigate the claim and take appropriate action. You may also want to consult with a lawyer to discuss your options and rights.

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

    Receiving a Fake Restraining Order can be alarming. First, do not ignore it. Attend any scheduled court hearings to defend yourself. Gather evidence that supports your case and consider hiring an attorney to help you navigate the legal process. It's essential to respond appropriately to protect your rights.