Table of Contents
The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, is a crucial document used in the context of workplace violence prevention. This form serves as a legal tool for employers seeking to protect their employees from potential harm. It outlines the roles of the parties involved, including the petitioner (often the employer), the employee (the protected person), and the respondent (the person being restrained). Essential details such as names, addresses, and identifying characteristics of the respondent are required to ensure proper identification. The form also specifies additional protected persons, which may include family members or other employees, thereby broadening the scope of protection. A significant aspect of this order is its expiration date, which is set for the end of a scheduled hearing. The document includes various prohibitions on the respondent’s behavior, such as harassment, stalking, and contact with the protected individuals. Additionally, the form includes provisions regarding firearm possession, emphasizing the seriousness of the situation. By mandating the entry of this order into the California Restraining and Protective Order System, the form ensures that law enforcement is aware of the restrictions in place. This comprehensive approach not only aims to provide immediate safety but also establishes a legal framework for addressing workplace violence effectively.
Document Specifics
| Fact Name | Details |
|---|---|
| Form Title | Temporary Restraining Order (WV-110) |
| Governing Law | California Code of Civil Procedure, §§ 527.8 and 527.9 |
| Purpose | To protect employees from workplace violence by restricting the actions of the restrained person. |
| Expiration | This order expires at the end of the scheduled hearing. |
| Personal Conduct Orders | Orders may include prohibitions against harassment, stalking, or contacting the protected person. |
| Stay-Away Requirements | The restrained person must maintain a specified distance from the protected person and their locations. |
| Firearms Restrictions | The restrained person cannot possess firearms or ammunition and must surrender any firearms within 24 hours. |
| Service Fees | The sheriff or marshal serves the order without charge if based on a credible threat of violence. |
| Entry into CARPOS | This order must be entered into the California Restraining and Protective Order System (CARPOS). |
Similar forms
The Fake Restraining Order form shares similarities with several other legal documents that serve to protect individuals from harm or harassment. Here’s a list of eight such documents:
- Emergency Protective Order (EPO): This order is typically issued in urgent situations, providing immediate protection to individuals at risk of harm. Like the Fake Restraining Order, it restricts contact between the protected person and the restrained individual.
- Domestic Violence Restraining Order: This document is specifically designed for situations involving domestic violence. It offers similar protections as the Fake Restraining Order, including prohibiting contact and requiring the restrained person to stay away from the protected individual.
- Articles of Incorporation: This legal document is essential for establishing a corporation in California and requires accurate completion to ensure proper business formation. For more information on filling it out, visit California PDF Forms.
- Civil Harassment Restraining Order: This order addresses harassment that does not fall under domestic violence. It shares the same goal of preventing unwanted contact and ensuring the safety of the protected person.
- Workplace Violence Restraining Order: This type of order is specifically for workplace-related threats or violence. It provides protections similar to the Fake Restraining Order, focusing on maintaining a safe work environment.
- No Contact Order: Often part of criminal cases, this order prohibits the restrained person from contacting the victim. Its purpose aligns with that of the Fake Restraining Order in preventing harassment and ensuring safety.
- Stalking Restraining Order: This order is aimed at protecting individuals from stalkers. It includes provisions to prevent contact and maintain distance, similar to the Fake Restraining Order.
- Child Custody Restraining Order: In cases involving children, this order can restrict a parent's contact with the other parent or children. It shares the protective nature of the Fake Restraining Order, ensuring the safety of minors.
- Temporary Injunction: This legal order can be issued to prevent a party from taking certain actions, such as contacting or approaching another individual. It operates similarly to the Fake Restraining Order by providing immediate relief and protection.
Fake Restraining Order Example
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: |
M |
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F Height: |
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Weight: |
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Date of Birth: |
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Hair Color: |
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Eye Color: |
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Age: |
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Home Address (if known): |
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City: |
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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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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)
Understanding Fake Restraining Order
What is a Fake Restraining Order form?
A Fake Restraining Order form is a document that mimics the official restraining order process but is not legally valid. It may be used for illustrative purposes, education, or as a prank. However, using such a document in a deceptive manner can lead to serious legal consequences.
Who can file a Temporary Restraining Order using the WV-110 form?
The WV-110 form can be filed by an employer who believes that an employee is facing threats or harassment in the workplace. The employer acts as the petitioner and must provide their information along with details about the employee who needs protection.
What information is required to complete the form?
To complete the form, you will need to provide the names and addresses of the petitioner and the employee, as well as details about the respondent, including their physical description and relationship to the employee. Additionally, you may list any additional protected persons and specify the nature of the threats or harassment.
How long does a Temporary Restraining Order last?
A Temporary Restraining Order typically lasts until the scheduled hearing date, as indicated on the form. At the hearing, the judge may decide to extend the order for a longer duration, which can last up to three years.
What are the consequences for violating a restraining order?
If the restrained person violates the terms of the restraining order, they may face serious legal repercussions. This can include arrest, fines of up to $1,000, or imprisonment for up to one year. It is crucial to adhere to the order to avoid these penalties.
Can the protected person contact the restrained person?
No, the protected person cannot contact the restrained person, even if they consent to the contact. The restraining order remains in effect regardless of the protected person's wishes. Any violation of this order by the restrained person can lead to enforcement actions by law enforcement.
How is the restraining order enforced?
The restraining order is enforceable by any law enforcement agency that has received a copy or verified its existence in the California Restraining and Protective Orders System (CARPOS). Violations can result in criminal penalties, and law enforcement is obligated to enforce the order regardless of the circumstances.
Dos and Don'ts
When filling out a Fake Restraining Order form, it is essential to approach the task with care and attention to detail. Below is a list of actions to consider, both positive and negative, to ensure the process is handled correctly.
- Do provide accurate information about all parties involved, including names, addresses, and relationships.
- Do ensure that the form is filled out completely, leaving no sections blank unless specified.
- Do keep a copy of the completed form for your records before submitting it.
- Do follow the instructions carefully, paying attention to any specific requirements for your jurisdiction.
- Do seek legal advice if you are unsure about any part of the process or the information required.
- Don't provide false information, as this can lead to serious legal consequences.
- Don't submit the form without reviewing it for errors or omissions.
- Don't ignore deadlines; ensure that the form is submitted in a timely manner.
- Don't attempt to serve the restraining order yourself; this should be done by a qualified individual or agency.
- Don't underestimate the importance of following up with the court to confirm that the order has been processed.
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