A fake restraining order form, styled as the "WV-110 Temporary Restraining Order," appears to be a legal document intended for the prevention of workplace violence. This document requires detailed information about the petitioner, the person seeking protection, and the respondent, the person from whom protection is sought, including personal details and the nature of the restrictions imposed. Interested parties are encouraged to fill out the form diligently and click the button below to ensure proper processing and legal efficacy.
A temporary restraining order, especially within the context of workplace violence prevention, serves as a critical legal measure designed to protect individuals from imminent threats or harm. The document outlined, known as the WV-110 form, provides a structured framework for petitioning the court to issue temporary orders to restrict the actions of a person deemed a threat to the safety of an employee and potentially others in the workplace. This form covers several essential aspects, from identifying the petitioner and the respondent to specifying the types of prohibitions imposed on the respondent—ranging from personal conduct restrictions, stay-away orders, to the surrender of firearms. Additionally, it elucidates the process of temporary order enforcement, highlighting the responsibilities of the respondent, such as compliance with the orders and the potential legal consequences for violating them. It further clarifies the role and duties of law enforcement in enforcing these orders and provides guidance on the precedence of conflicting restraining orders. Vital to this form is the emphasis on ensuring the respondent understands the restrictions placed upon them, the mandatory prohibition of firearms, and the process surrounding the court hearing that follows the issuance of a temporary restraining order. Both the petitioner and the restrained person are given clear instructions on their rights, the operational steps involved in the legal process, and the implications of the order, ensuring a structured and transparent procedure aimed at preventing workplace violence effectively.
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:
Description:
Sex:
M
F Height:
Weight:
Date of Birth:
Hair Color:
Eye Color:
Age:
Race:
Home Address (if known):
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
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)
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
a. You must stay at least
yards away from
(check all that apply):
(7)
The employee
The employee’s children’s place of child care
Each other protected person listed in 4 (8)
The employee’s vehicle
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.
Revised January 1, 2017
WV-110, Page 2 of 5
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
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.
WV-110, Page 3 of 5
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.
WV-110, Page 4 of 5
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.
Clerk, by
, Deputy
WV-110, Page 5 of 5
Filling out a Temporary Restraining Order form involves providing detailed information to the court about the employer, employee, and the person from whom protection is sought. This legal step is crucial for initiating a process that aims to ensure the safety and well-being of individuals in the workplace. The form requires information about all parties involved, specific orders requested, and details about any immediate danger or harm. It's important to fill out this form accurately and completely to convey the seriousness of the situation to the court. Below are the steps you need to follow to fill out the form correctly.
Once these steps are completed, the form should be reviewed for accuracy before submitting it to the court. Ensuring that all information is correct and comprehensive will facilitate a smoother process in obtaining the temporary restraining order. Remember, this form is a critical component in protecting individuals from potential harm in the workplace by legally prohibiting certain actions by the restrained person.
What is a Temporary Restraining Order (TRO)?
A Temporary Restraining Order (TRO) is a court order designed to protect individuals from harm or harassment. It temporarily restricts the actions of a person (the respondent) deemed a threat to the petitioner (the person seeking protection) or others specified in the order. This legal measure is intended to provide immediate protection until a more permanent solution can be established through a full court hearing.
What does it mean when a TRO is labeled "fake"?
A "fake" Temporary Restraining Order refers to an unofficial or counterfeit document that mimics the appearance and language of a legitimate court order. It is not issued by a court and lacks legal validity. Such documents might be created for various motives, none of which hold legal standing or enforceability in a court of law. Using or creating a fake restraining order is illegal and can lead to serious legal consequences.
Who can file for a Temporary Restraining Order?
Any person who believes they are in immediate danger of being harassed, stalked, threatened, or harmed can file for a Temporary Restraining Order. In the workplace violence context, an employer can file for a TRO to protect employees from threats or violence. The process involves submitting a formal request to a court. The request should detail the reasons for needing protection, supported by evidence of the alleged threat or abuse.
What happens after a TRO is issued?
Once a TRO is issued, the respondent is served with a copy, informing them of the restrictions placed upon them and the consequences of violating those restrictions. The order typically specifies no contact with the petitioner and may include additional limitations, such as staying a certain distance away from the petitioner's home, workplace, or other locations. Violating a TRO can result in criminal charges. The TRO remains in effect until a court hearing determines whether to extend the protection through a longer-term restraining order.
Can the respondent contest a Temporary Restraining Order?
Yes, the respondent has the right to contest a TRO. They can do so by attending the court hearing mentioned in the TRO documentation. At the hearing, both the petitioner and the respondent will have the opportunity to present their side of the story, after which the judge will decide whether to extend, modify, or terminate the restraining order. The respondent can also submit a formal response to the petition before the hearing.
What is included in a Temporary Restraining Order?
A TRO includes detailed information about the petitioner and respondent, the specific protections granted (such as personal conduct orders and stay-away directives), and the duration of the order. It may also require the respondent to relinquish firearms and provide instructions for law enforcement on enforcing the order. Every section serves to ensure the safety and peace of mind of the protected individual(s).
How is a TRO enforced?
A TRO is enforced by law enforcement agencies. If the respondent violates any terms of the order, the petitioner can report the violation to the police, who can then take appropriate action, which may include arresting the respondent. The order should also be entered into local and national databases, allowing for easier enforcement across different jurisdictions.
What should someone do if they receive a fake restraining order?
If an individual suspects they have received a fake restraining order, they should not take any actions based on the document. Instead, they should contact their local law enforcement or a legal professional to verify its authenticity. Ignoring the document is not advisable until its validity is confirmed, as disregarding an authentic court order can result in serious consequences.
One common error is inaccurately filling out the petitioner's information, particularly when a lawyer represents them. It is vital to ensure that all sections including the name, state bar number, and contact details of the lawyer (if applicable) are correctly completed to avoid processing delays.
Another mistake involves providing incomplete or incorrect addresses. The form requires detailed addresses for both the petitioner (or their lawyer) and the respondent, including city, state, and zip code. Any errors or omissions can lead to significant complications in enforcing the order.
Failure to adequately describe the respondent can also hamper the effectiveness of the restraining order. The form demands specifics regarding the respondent’s physical appearance, such as sex, height, weight, and distinctive features like hair and eye color. These details are crucial for ensuring the correct identification of the restrained individual by law enforcement.
People often neglect to list all additional protected persons correctly. The form provides space to include family or household members or other employees who should be protected by the order. Overlooking this section can leave vulnerable individuals without necessary legal protection.
An incorrectly specified expiration date or leaving this section blank can render the order ineffective after a certain period. The expiration date is essential for the temporary restraining order's validity and must be clearly specified.
Not specifying the type of personal conduct orders requested is another error. The form allows petitioners to outline specific prohibitions against the respondent, such as harassment, stalking, or contact restrictions. Failing to articulate these requests can lead to inadequate protection.
Misunderstanding the stay-away order requirements can also be problematic. This section mandates specifying distances and locations the respondent must avoid. Incorrectly filling this out or not specifying necessary details can lead to ambiguities in enforcement.
Omitting the requirement for the respondent to surrender firearms is a grave oversight. Given the potential risks involved, ensuring that the order explicitly states the prohibition against owning or possessing guns is crucial for the safety of all protected individuals.
Lastly, a significant mistake is not correctly entering the order into CARPOS through CLETS as mandated. This step is crucial for the enforcement of the restraining order, and failure to comply can mean that the order is not recognized by law enforcement agencies.
When dealing with a temporary restraining order like the WV-110, several additional forms and documents typically complement the process. These items are crucial for both the petitioner and the respondent to understand and fill out properly, ensuring that all procedural steps are followed according to the court's requirements.
Together, these documents form a comprehensive framework that supports the initial temporary restraining order, ensuring clarity, fairness, and adherence to legal guidelines throughout the court process. By completing and properly filing these materials, all parties can ensure their rights are protected and that the court can make an informed decision.
Protection Order Form: Much like the Temporary Restraining Order, a Protection Order form serves to legally prevent one individual from making contact with another. It outlines specific prohibitions and requirements for the restrained person, such as staying away from the protected person and refraining from contacting them, directly mirroring the directives found in a restraining order form.
Stalking Injunction: This document is used to legally restrict someone’s ability to harass, follow, or monitor another person’s movements, closely resembling the restraining order form's sections that prohibit stalking and following the protected person to and from their place of work.
Harassment Restraining Order Form: Targeted specifically at preventing harassment, this form shares similarities with the restraining order by including provisions that forbid the respondent from actions that disturb the peace, commit acts of violence or make threats, which are key characteristics of the harassment restraining order.
Domestic Violence Restraining Order: This form specifically addresses issues of violence within a domestic context. Like the workplace violence prevention order, it includes directives to stay away from the petitioner's residence, workplace, and other named locations, including schools and child care facilities, and often includes prohibitions on owning firearms.
Child Custody and Safety Order: While primarily focused on determining custody arrangements, these orders may include provisions to protect the child and the custodial parent from the non-custodial parent, similar to how the Temporary Restraining Order seeks to protect additional persons related to the primary petitioner.
Temporary Emergency Protective Order: Often issued in immediate response to an incident, this order shares traits with the temporary restraining order, such as a short-term prohibition on contact and a swift issuance process intended to protect the victim until a full court hearing can be scheduled, often including similar restrictions regarding firearms and proximity.
When you are filling out a Temporary Restraining Order form, it's crucial to handle the information carefully and accurately. Here are some guidelines to help you through the process:
Following these dos and don'ts can assist in ensuring your Temporary Restraining Order form is correctly filled out and processed without unnecessary delay.
When discussing legal documents, particularly those as sensitive as restraining orders, it’s crucial to clear up common misunderstandings. Below are ten misconceptions about a fake restraining order form:
Understanding these aspects of restraining orders is essential to recognizing the seriousness of these legal instruments and the role they play in protecting individuals from harm.
Filing and understanding a Temporary Restraining Order (TRO), especially within the workplace setting, involves recognizing key procedural and legal stipulations. While the form itself lays out various sections that are crucial for ensuring protection and legal compliance, grasping these essentials can guide individuals through the process. Below are five key takeaways to consider when dealing with temporary restraining orders:
Understand the Urgency and Temporality: A Temporary Restraining Order, as indicated by its name, offers an immediate but interim form of protection until a court can decide on a more permanent solution. Recognizing the expiration date set forth in the document is essential for maintaining continuous protection.
Compliance with Personal Conduct Orders: The TRO explicitly details prohibited actions by the restrained person towards the protected employee and others specified. These include avoiding direct or indirect contact and refraining from violent threats or actions. Understanding and adhering to these orders is critical for both the issuer and the recipient to prevent further legal complications.
Stay-Away Orders Enforce Distance: Not only does the TRO restrict actions, but it also often sets physical boundaries. The restrained individual must maintain a certain distance from the protected person and specified locations, emphasizing the seriousness of adhering to spatial restrictions.
Guns and Firearms Prohibitions: The order highlights strict prohibitions around the ownership and possession of firearms and ammunition by the restrained person. Acknowledging the necessity of disarming, and the legal requirement to prove compliance through the submission of appropriate documentation, is a vital component of the restraining order process.
Legal and Judicial Instructions Provide a Blueprint for Action: For both the petitioner and the respondent, the TRO includes detailed instructions on how to respond, the importance of service of legal papers, and the implications of not appearing at scheduled hearings. Understanding these procedural aspects ensures that both parties can navigate the legal system effectively.
While navigating the complexities of a Temporary Restraining Order, especially in workplace violence prevention scenarios, a clear understanding of these key aspects can ensure the safety and compliance of all involved parties. Whether you're an employer seeking to protect your employees or an individual confronting a TRO, awareness and adherence to these guidelines are paramount.
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