Table of Contents
The Fake Restraining Order form, officially designated as WV-110, serves as a critical legal document designed to address situations of workplace violence in California. This form is initiated by a petitioner, often an employer, who seeks to protect an employee from a respondent, typically an individual who poses a threat. The document requires detailed information about both the petitioner and the respondent, including their names, addresses, and physical descriptions. It also allows for the inclusion of additional protected persons, such as family members or other employees, who may also need protection under the order. The form outlines specific personal conduct orders that the restrained person must adhere to, such as prohibitions against harassment, stalking, or any form of violence. Furthermore, it includes a stay-away order, mandating that the respondent maintain a certain distance from the employee, their workplace, and other specified locations. Importantly, the form also addresses firearms, stipulating that the respondent must relinquish any weapons they possess. The order is time-sensitive, with an expiration date set for the conclusion of the scheduled hearing. This document not only serves as a protective measure but also carries serious legal implications for non-compliance, including potential criminal charges. Understanding the nuances of the Fake Restraining Order form is essential for both petitioners and respondents navigating these challenging situations.
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Dos and Don'ts
When filling out the Fake Restraining Order form, it's important to approach the process carefully. Here are six things to keep in mind:
- Do provide accurate and complete information about the petitioner and the respondent. Incomplete details can lead to delays.
- Don't include any false information. Misrepresentation can have serious legal consequences.
- Do ensure that all required sections are filled out. Missing sections may result in the form being rejected.
- Don't forget to check the expiration date of the order. This is crucial for understanding the duration of the protection.
- Do keep a copy of the completed form for your records. This can be useful for future reference.
- Don't ignore any instructions provided on the form. Following the guidelines is essential for proper submission.
Fake Restraining Order Sample
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
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State Bar No.: |
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Firm Name: |
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b. Your Address (If you have a lawyer, give your lawyer’s information.):
Address:
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Telephone:Fax:
2Employee (Protected Person)
Full Name:
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Court fills in case number when form is filed.
3 Respondent (Restrained Person) |
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Case Number: |
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Full Name: |
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Description: |
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Sex: |
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F Height: |
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Date of Birth: |
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Hair Color: |
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Home Address (if known): |
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City: |
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State: |
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Relationship to Employee: |
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4
Additional Protected Persons
In addition to the employee, the following family or household members or other employees are protected by the temporary orders indicated below:
Full Name |
Sex Age Household Member? |
Relation to Employee |
Yes 
No
Yes 
No
Yes 
No
Additional protected persons are listed at the end of this Order on Attachment 4.
5Expiration Date
This Order expires at the end of the hearing scheduled for the date and time below:
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Time: |
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a.m. |
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This is a Court Order.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Mandatory Form Code of Civil Procedure, §§ 527.8 and 527.9 Approved by DOJ
Temporary Restraining Order |
(Workplace Violence Prevention)
Case Number:
To the Respondent:
The court has issued the temporary orders checked as granted below. If you do not obey these orders, you can be arrested and charged with a crime. You may have to go to jail for up to one year, pay a fine of up to $1,000, or both.
6Personal Conduct Orders
Not Requested |
Denied Until the Hearing |
Granted as Follows:
a. You are ordered not do the following things to the employee and to the other protected persons listed in 4 :
(1) |
Harass, molest, strike, assault (sexually or otherwise), batter, abuse, destroy personal property of, or |
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disturb the peace of the person. |
(2) |
Commit acts of violence or make threats of violence against the person. |
(3) |
Follow or stalk the person during work hours or to or from the place of work. |
(4) |
Contact the person, either directly or indirectly, in any way, including, but not limited to, in person, by |
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telephone, in writing, by public or private mail, by |
(5)
Enter the workplace of the person.
(6)
Take any action to obtain the person’s address or locations. If this item is not checked, the court has found good cause not to make this order.
(7)
Other (specify):
Other personal conduct orders are attached at the end of this Order on Attachment 6a(7).
b.Peaceful written contact through a lawyer or a process server or other person for service of legal papers related to a court case is allowed and does not violate this order. However, you may have your papers served by mail on the petitioner.
7
Not Requested
Denied Until the Hearing |
Granted as Follows: |
a. You must stay at least |
yards away from |
(check all that apply): |
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(1) |
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(7) |
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The employee |
The employee’s children’s place of child care |
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(2) |
Each other protected person listed in 4 (8) |
The employee’s vehicle |
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(3) |
The employee’s workplace |
(9) |
Other (specify): |
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(4)
The employee’s home
(5)
The employee’s school
(6)
The employee’s children’s school
b. This
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
Case Number:
8No Guns or Other Firearms and Ammunition
a.You cannot own, possess, have, buy or try to buy, receive or try to receive, or in any other way get guns, other firearms, or ammunition.
b.You must:
(1)Sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms in your immediate possession or control. This must be done within 24 hours of being served with this Order.
(2)File a receipt with the court within 48 hours of receiving this Order that proves that your guns or firearms have been turned in, sold, or stored. (You may use form
c.
The court has received information that you own or possess a firearm.
9 Other Orders |
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Not Requested |
Denied Until the Hearing |
Granted as Follows (specify): |
Additional orders are attached at the end of this Order on Attachment 9.
To the Petitioner:
10Mandatory Entry of Order Into CARPOS Through CLETS
This Order must be entered into the California Restraining and Protective Order System (CARPOS) through the California Law Enforcement Telecommunications System (CLETS). (Check one):
a. 
b.
The clerk will enter this Order and its
The clerk will transmit this Order and its
c.
By the close of business on the date that this Order is made, the employer or the employer’s lawyer should deliver a copy of the Order and its
Name of Law Enforcement Agency |
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Address (City, State, Zip) |
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Additional law enforcement agencies are listed at the end of this Order on Attachment 10.
11 No Fee to Serve (Notify) Restrained Person |
Ordered |
Not Ordered |
The sheriff or marshal will serve this Order without charge because:
a.
The Order is based on a credible threat of violence or stalking.
b.
The petitioner is entitled to a fee waiver.
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
Case Number:
12Number of pages attached to this Order, if any: Date:
Judicial Officer
Warnings and Notices to the Restrained Person in 2
You Cannot Have Guns or Firearms
You cannot own, have, possess, buy or try to buy, receive or try to receive, or otherwise get guns, other firearms, or ammunition while this Order is in effect. If you do, you can go to jail and pay a $1,000 fine. You must sell to or store with a licensed gun dealer or turn in to a law enforcement agency any guns or other firearms that you have or control as stated in item 8 above. The court will require you to prove that you did so.
Notice Regarding Nonappearance at Hearing and Service of Order
If you have been personally served with this Temporary Restraining Order and form
If this address is not correct or you wish to verify that the Temporary Restraining Order was converted into a restraining order at the hearing without substantive change, or to find out the duration of the order, contact the clerk of the court.
After You Have Been Served With a Restraining Order
•Obey all the orders. Any intentional violation of this Order is a misdemeanor punishable by a fine or by imprisonment in a county jail, or by both fine and imprisonment. (Pen. Code, § 273.6.)
•Read form
•If you want to respond, fill out form
•You must have form
•In addition to the response, you may file and have declarations served, signed by you and other persons who have personal knowledge of the facts. You may use form
•Whether or not you file a response, you should attend the hearing. If you have any witnesses, they must also go to the hearing.
•At the hearing, the judge can make restraining orders against you that last for up to three years. Tell the judge why you disagree with the orders requested.
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
Case Number:
Instructions for Law Enforcement
Enforcing the Restraining Order
This order is enforceable by any law enforcement agency that has received the order, is shown a copy of the order, or has verified its existence on the California Restraining and Protective Orders System (CARPOS). Agencies are encouraged to enter violation messages into CARPOS. If the law enforcement agency has not received proof of service on the restrained person, the agency must advise the restrained person of the terms of the order and then must enforce it. Violations of this order are subject to criminal penalties.
Start Date and End Date of Orders
This order starts on the date next to the judge’s signature on page 4. The order ends on the expiration date in item 5 on page 1.
If the Protected Person Contacts the Restrained Person
Even if the protected person invites or consents to contact with the restrained person, this order remains in effect and must be enforced. The protected person cannot be arrested for inviting or consenting to contact with the restrained person. The order can be changed only by another court order. (Pen. Code, § 13710(b).)
Conflicting
If more than one restraining order has been issued, the orders must be enforced according to the following priorities: (See Pen. Code, § 136.2, Fam. Code, §§ 6383(h)(2), 6405(b).)
1.EPO: If one of the orders is an Emergency Protective Order (form
2.No Contact Order: If there is no EPO, a
3.Criminal Order: If none of the orders includes a no contact order, a domestic violence protective order issued in a criminal case takes precedence in enforcement over any conflicting civil court order. Any nonconflicting terms of the civil restraining order remain in effect and enforceable.
4.Family, Juvenile, or Civil Order: If more than one family, juvenile, or other civil restraining or protective order has been issued, the one that was issued last must be enforced.
Clerk’s Certificate [seal]
(Clerk will fill out this part.)
I certify that this Temporary Restraining Order is a true and correct copy of the original on file in the court.
Date: |
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Clerk, by |
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, Deputy |
This is a Court Order.
Revised January 1, 2017
Temporary Restraining Order
(Workplace Violence Prevention)
Listed Questions and Answers
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What is a Fake Restraining Order form?
A Fake Restraining Order form is a document that mimics the appearance of an official restraining order but is not legally valid. It may contain similar language and format as a legitimate restraining order, but it is created with the intent to deceive or mislead. Using such a form can lead to serious legal consequences.
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What are the potential consequences of using a Fake Restraining Order?
Using a Fake Restraining Order can result in criminal charges, including fraud or forgery. If someone is found guilty of using this type of document, they could face fines, community service, or even jail time. Additionally, it can harm the credibility of the individual and damage relationships with others, including potential employers.
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How can someone identify a Fake Restraining Order?
Identifying a Fake Restraining Order can be challenging. However, there are a few signs to look for. First, check for missing official seals or signatures. Legitimate orders will typically have these. Also, review the language used; if it seems overly aggressive or unprofessional, it may not be real. Lastly, if there are any doubts, it’s best to contact the court or a legal professional for verification.
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What should I do if I receive a Fake Restraining Order?
If you receive a Fake Restraining Order, do not comply with its terms. Instead, document everything about the situation. Keep a copy of the order and any related communications. Then, contact law enforcement or a legal professional for guidance on how to proceed. They can help you understand your rights and the best steps to take.
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Can a Fake Restraining Order affect a real legal case?
Yes, a Fake Restraining Order can impact a real legal case. If a court finds out that someone has used a fake document, it can undermine their credibility. This may affect the outcome of any related legal proceedings. It’s crucial to handle such matters seriously and seek legal advice to navigate the complexities involved.
Form Overview
| Fact Name | Description |
|---|---|
| Form Title | The form is titled "WV-110 Temporary Restraining Order" and is used for workplace violence prevention. |
| Governing Law | This form is governed by the Code of Civil Procedure, sections 527.8 and 527.9 in California. |
| Petitioner Information | The petitioner is typically the employer seeking protection for an employee from workplace violence. |
| Protected Person | The employee is identified as the protected person, who is at risk of workplace violence. |
| Respondent Details | The form requires detailed information about the respondent, including their name, physical description, and relationship to the employee. |
| Expiration Date | The temporary restraining order expires at the end of the scheduled court hearing. |
| Personal Conduct Orders | The form outlines prohibited actions for the respondent, including harassment, stalking, and contact with the protected person. |
| Stay-Away Orders | The respondent may be ordered to maintain a specified distance from the employee and other protected persons. |
| Firearms Restrictions | The order prohibits the respondent from owning or possessing firearms and requires them to surrender any firearms within 24 hours. |
| Entry into CARPOS | This order must be entered into the California Restraining and Protective Order System (CARPOS) to ensure enforcement. |