A Fake Restraining Order form refers to a counterfeit or illegitimate document falsely representing an official court-issued restraining order. Restraining orders are legal documents issued by a court to protect individuals from being harassed, threatened, stalked, or physically harmed by another person. These documents are critical for the safety and privacy of petitioners, making the misuse or fabrication of such forms a serious offense.
In the landscape of legal protection mechanisms, restraining orders serve as pivotal tools designed to safeguard individuals from harm or harassment. An interesting variant within this domain is illustrated through the "WV-110 Temporary Restraining Order" form, employed specifically for circumstances entailing workplace violence prevention. This particular form outlines a structured approach for petitioners—typically employers—to request temporary restrictions against individuals (respondents) posing threats or engaging in harmful behaviors towards employees or other protected persons. It meticulously records details such as the identities of the petitioner, the protected employee(s), and the respondent, alongside any legal representation involved. Furthermore, the form delineates a set of provisional orders that, pending a court hearing, may include prohibitions against harassment, restrictions on personal conduct, and stay-away directives. Significantly, it also addresses the possession of firearms by the respondent, underscoring a critical aspect of enforcement that links public safety with personal protection. Moreover, the document emphasizes the significance of law enforcement’s role in the imposition and enforcement of these orders, detailing the procedures for notification, service, and mandatory entry into the California Restraining and Protective Order System (CARPOS). Lastly, it provides guidance on the actions required from the restrained person upon being served, including compliance, potential legal responses, and the implications of failing to obey the court's mandates. In essence, the WV-110 form embodies a legal recourse aimed at preempting workplace violence through a framework that balances the rights to safety and due process.
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 restraining order form properly is crucial to ensure your safety and legal protection. It's a detailed process that demands your attention to ensure every piece of information is accurately recorded. In the following steps, you'll learn how to complete the form step by step. Whether you’re doing this for the first time or need a refresher, this guideline is here to help you navigate the process smoothly.
After completing the form, submit it to the court clerk for processing. The court will then review the information provided and schedule a hearing date. You should receive instructions on your next steps, such as serving the restraining order to the respondent. Remember, the information you provide in this form plays a critical role in ensuring your safety and the enforcement of the order, so it’s important to be as detailed and accurate as possible.
What is a Temporary Restraining Order (TRO), and how does it work?
A Temporary Restraining Order (TRO) is a court order designed to offer immediate protection by legally restricting the actions of an individual against someone else, typically in situations of harassment, violence, or threats. In the context of the workplace, it restricts the named individual from engaging in specific behaviors towards the petitioner (employer) and other protected persons. This can include prohibiting contact, maintaining a certain distance, and even relinquishing firearms. The order takes effect as soon as the judge signs it and remains in effect until the date of the hearing, where further judgments are made.
Who can file for a Temporary Restraining Order?
In the workplace violence context, an employer or representative (petitioner) can file a TRO to protect an employee (protected person) from threats, stalking, violence, or harassment by another individual (respondent). The filing is not limited to the direct employee-employer relationship but can extend protection to family members or related individuals as specified in the order.
What does it mean when a TRO is "granted as follows"?
When a TRO is "granted as follows," it means the court has reviewed the specifics of the petition and has decided to enforce certain temporary restrictions against the respondent. These restrictions can vary widely based on what the court deems necessary for the protection of the employee and others involved, from prohibiting direct or indirect contact to ordering the respondent to maintain a certain distance from the petitioner and other protected individuals.
How is a Temporary Restraining Order enforced?
A TRO is enforceable by any law enforcement agency that is informed about the order, either by physical receipt, presentation of a copy, or confirmation via the California Restraining and Protective Orders System (CARPOS). Upon verification, law enforcement has the authority to enforce the restrictions placed by the order and can take legal action against the respondent if violations occur. Violations of a TRO are criminal offenses and can lead to arrest, fines, or both.
What happens if the restrained person violates the TRO?
If the restrained person (respondent) violates the Temporary Restraining Order, they commit a misdemeanor, which could result in jail time, a fine up to $1,000, or both. Acts of violation include any actions contrary to the specific conditions laid out in the TRO, such as contacting the protected individuals or entering restricted areas. It's crucial for violations to be reported immediately to law enforcement so that appropriate legal actions can be taken.
Filling out a Temporary Restraining Order (TRO) form can be a daunting task, and mistakes may lead to the delay or denial of the order. One common error is the incomplete or incorrect listing of the petitioner's or employer's information. The form requires specific details including the name, address, telephone number, and if applicable, the lawyer's information. Neglecting to include any part of this information, or providing inaccurate details, can result in the form not being processed properly.
Another frequent mistake involves not accurately describing the respondent (restrained person). The form asks for detailed identification information such as full name, sex, height, weight, date of birth, hair and eye color, age, and race. Incomplete descriptions can make it difficult for law enforcement to correctly identify and restrain the individual if necessary. Additionally, failing to provide the respondent's home address, if known, can further complicate the enforcement of the order.
The section regarding additional protected persons is also often filled out incorrectly. Here, petitioners must list any family or household members, or other employees, who are also to be protected by the TRO. It is crucial to include the full names, sexes, ages, and specific relationships of these individuals to the employee. Failing to properly identify these individuals might leave them without the protection they require.
A crucial part of the form is the detailed orders section, including what the respondent is restrained from doing, stay-away orders, and any conditions related to firearms. Mistakes in this section, such as not clearly specifying the restrictions or incorrectly setting the distances for stay-away orders, can lead to ambiguities that may not fully protect the petitioner. For example, omitting specific locations from which the respondent must stay away or inaccurately stating the required distance can result in ineffective enforceability of the order.
Finally, incorrect or incomplete entry of information pertaining to the Mandatory Entry of Order into CARPOS Through CLETS, and the details about serving the respondent, can significantly delay the protection provided by the TRO. Petitioners must check the appropriate boxes to indicate how the order will be entered into CARPOS and confirm whether the sheriff or marshal will serve the order without charge. Errors or omissions in these selections can interfere with the timely and accurate dissemination of the restraining order to law enforcement agencies.
When navigating the complexities of legal protection, particularly in cases involving workplace violence, the Temporary Restraining Order (TRO) form WV-110 is a critical document for securing immediate safety measures. However, this form does not stand alone in the legal process. To fully address the situation and ensure comprehensive protection and compliance with legal requirements, several additional forms and documents often accompany the TRO.
In summary, while the TRO form WV-110 initiates the process of securing emergency protection, it is the integration of these additional forms and documents that enables a comprehensive legal response. Each document plays an essential role in ensuring all parties' rights are considered and that the court has a full understanding of the situation to make informed decisions. Whether providing notice of the hearing, allowing the respondent to present their perspective, offering additional evidence, or proving compliance with specific orders, these forms collectively contribute to a fair and effective legal process.
A Protection Order, also known as a Protective Order, is similar to a Temporary Restraining Order in purpose and structure. Both documents are legal tools designed to protect individuals from threats or acts of violence by another person. They both specify the actions that the respondent, or the person whom the order is against, is prohibited from undertaking, such as approaching or contacting the protected person. Additionally, both orders can include specific prohibitions, like staying away from the protected person's workplace or home, and both can be enforced by law enforcement agencies.
A Divorce Decree might contain sections that resemble those in a Temporary Restraining Order, especially if it includes orders relating to child custody, spousal support, or the division of property. While a Divorce Decree is broader and finalizes the end of a marriage, it can impose restrictions on the parties similar to a restraining order, such as prohibiting harassment or communication except through legal or agreed-upon channels. Both documents are enforceable by law and are issued by a court.
An Eviction Notice, while fundamentally different in purpose from a Temporary Restraining Order, shares the similarity of being a formal document issued to mandate certain actions within a legal framework. An Eviction Notice requires a tenant to vacate a property, often within a specified timeline, while a restraining order imposes restrictions on contact or proximity. Both documents provide a legal remedy to a party feeling aggrieved or threatened and require compliance to avoid further legal action.
A Cease and Desist Letter, similar to a Temporary Restraining Order, serves as a formal request to stop harmful activities. Although generally considered less formal and not initially court-enforced like a restraining order, a cease and desist letter can be a precursor to legal action, including the filing for a restraining order. Both tools are used to formally request the cessation of behavior viewed as harmful or unwanted.
A Child Custody Order, which is typically issued during divorce proceedings or parental rights cases, shares commonalities with a Temporary Restraining Order in that it can limit or define the interaction between the parties involved. Both orders are enforceable by law and aim to protect the interests and safety of individuals, particularly children. For instance, a custody order might specify visitation rights while a restraining order could restrict a parent from coming near the child's school if deemed necessary for the child's safety.
An Order to Show Cause resembles a Temporary Restraining Order in its function of initiating court action. It requires a party to appear in court and explain why a certain order should not be made. Like a restraining order, it is a critical part of civil litigation when immediate or temporary relief is sought by a party, and it often precedes a more permanent ruling or agreement.
Peace Bonds are similar to Temporary Restraining Orders in that they both serve as preventive measures against potential harm or harassment. A Peace Bond is a legal agreement that an individual will not engage in certain behavior, including acts of violence against another person. Both documents create legal obligations and are enforceable by law, providing protection to individuals who feel threatened.
An Injunction, particularly a Preliminary Injunction, shares many features with a Temporary Restraining Order. Both are types of court orders that mandate an individual to do or refrain from doing specific acts. While a temporary restraining order is often granted to provide immediate relief pending a more formal hearing, an injunction is typically more durable and granted after a hearing. Both legal tools are aimed at preventing imminent harm or addressing ongoing wrongful actions.
A Non-Contact Order, often issued as part of bail conditions in criminal cases or alongside a Protection Order in cases of domestic violence, is similar to a Temporary Restraining Order in its prohibitions against contacting or coming near the victim. Both orders are legally enforceable and aim to protect the safety and peace of victims by restricting the respondent's actions.
A No Trespass Order, similar to the aspects of a Temporary Restraining Order that prevent an individual from entering specific locations, serves to legally bar someone from entering a particular property. While a No Trespass Order is generally specific to property laws and does not necessarily involve interpersonal disputes, both orders restrict movement and access as a means of protection or to prevent potential harm.
When handling the filling out of a Temporary Restraining Order form, there are key dos and don'ts that individuals should follow to ensure the process is handled accurately and respectfully. Below is a list tailored to guide both petitioners and respondents through this critical path:
Adhering to these guidelines will aid in navigating the legal landscape surrounding Temporary Restraining Orders, serving to protect individuals and uphold justice.
Understanding the facets of a Temporary Restraining Order (TRO) can be challenging, especially when misconceptions arise. It's crucial to clear up these misunderstandings to ensure everyone knows their rights and responsibilities. Below is a list of common misconceptions surrounding Temporary Restraining Orders:
Clearing up these misconceptions is vital for ensuring that Temporary Restraining Orders serve their intended purpose of protecting individuals from harm while respecting the legal rights of all involved parties.
Filing and using a Temporary Restraining Order (TRO), specifically in cases of workplace violence prevention, involves several critical steps and requirements. Understanding the nuances of the process can ensure a smoother implementation of these protective measures. Below are four key takeaways everyone should know when dealing with such legal documents:
Dealing with restraining orders, especially in the workplace, can be complex and emotionally taxing. However, they play a crucial role in preventing violence and ensuring the safety and peace of individuals at risk. Whether you are seeking to file a restraining order or are subject to one, it’s vital to approach the matter with the seriousness it deserves and to seek appropriate legal counsel if necessary.
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