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When dealing with workplace safety, a Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, plays a critical role in protecting employees from potential threats. This form is designed for employers who need to take immediate action to ensure the safety of their employees from individuals who may pose a risk. It requires specific details about the petitioner, including their name and contact information, as well as information about the employee needing protection. The form outlines the respondent's personal information, including their physical description and relationship to the employee. Additionally, it allows for the inclusion of other protected persons, such as family members or additional employees, who may also need safeguarding. The order specifies various personal conduct restrictions that the restrained person must adhere to, such as avoiding contact with the protected individuals and staying away from certain locations. Importantly, the form also includes provisions regarding firearms, mandating that the restrained individual must relinquish any firearms they possess. The order is not just a piece of paper; it carries legal weight, and violations can lead to serious consequences, including arrest. Understanding the implications of this form is essential for both employers and employees to navigate workplace safety effectively.

Similar forms

The Fake Restraining Order form shares similarities with a Domestic Violence Restraining Order. Both documents serve to protect individuals from threats or acts of violence. A Domestic Violence Restraining Order specifically addresses situations where an individual has experienced violence or the threat of violence in a domestic context. Like the Fake Restraining Order, it includes provisions that restrict contact and impose stay-away orders. The primary goal of both forms is to ensure the safety of the protected person, whether they are a family member or an employee.

Another document akin to the Fake Restraining Order is the Civil Harassment Restraining Order. This order is designed for individuals who face harassment from someone who does not have a close relationship with them. Similar to the Fake Restraining Order, it outlines prohibited behaviors, such as stalking or unwanted contact. Both documents aim to provide immediate relief to individuals feeling threatened, and they often require court appearances to finalize the terms of the protection.

The Temporary Restraining Order (TRO) is also comparable to the Fake Restraining Order. A TRO is often issued in urgent situations where there is an immediate threat to a person's safety. Like the Fake Restraining Order, a TRO can be temporary and requires a court hearing to establish a longer-term solution. Both forms include similar language regarding prohibited actions and the consequences of violating the order, emphasizing the seriousness of compliance.

Additionally, the No Contact Order resembles the Fake Restraining Order in its focus on preventing communication between parties. A No Contact Order can be issued in criminal cases or as part of a civil case. It restricts the restrained person from contacting the protected individual, similar to the stipulations found in the Fake Restraining Order. Both documents highlight the importance of maintaining physical and emotional distance for the safety of the protected person.

The Emergency Protective Order (EPO) is another document that shares characteristics with the Fake Restraining Order. An EPO is typically issued in urgent situations where there is an immediate risk of harm. Like the Fake Restraining Order, it provides immediate protection and sets forth specific restrictions on the restrained individual. Both documents are designed to act quickly to prevent further harm while awaiting a more permanent solution through the court system.

The Workplace Violence Restraining Order is particularly relevant when discussing the Fake Restraining Order, as it is specifically tailored for situations involving threats or acts of violence in the workplace. Both documents include provisions that protect employees from harassment and violence, emphasizing the importance of maintaining a safe work environment. They also require the restrained individual to stay away from the workplace and the protected persons.

The Child Custody Restraining Order shares a focus on protecting individuals, particularly children, from potential harm. While it primarily addresses custody and visitation issues, it can also include provisions that restrict contact with a parent or guardian deemed a threat. Like the Fake Restraining Order, it emphasizes the safety of vulnerable individuals and can involve similar legal processes to enforce compliance.

Understanding the various protective orders available is crucial for individuals facing threats or violence. Each order serves a specific purpose, providing necessary legal remedies to ensure safety and well-being. For those looking to establish healthcare preferences and appoint trusted individuals in case of incapacity, the Colorado PDF Forms can be an essential resource, including options like the Medical Power of Attorney form, which helps ensure that healthcare decisions align with one's wishes.

Lastly, the Protection Order in cases of stalking is similar to the Fake Restraining Order. This type of order is specifically aimed at individuals who are being stalked and need protection from their stalker. Both documents contain provisions that restrict the stalker from contacting or approaching the victim. The focus remains on ensuring the safety and well-being of the individual who feels threatened, highlighting the legal system's commitment to addressing such serious concerns.

Form Specifications

Fact Name Description
Governing Law The form is governed by California Code of Civil Procedure, §§ 527.8 and 527.9.
Purpose This form is used to request a temporary restraining order for workplace violence prevention.
Petitioner The petitioner is typically the employer seeking protection for an employee.
Protected Person The employee is identified as the protected person in the restraining order.
Respondent The respondent is the person being restrained, often due to threats or acts of violence.
Expiration The order expires at the end of the scheduled hearing unless extended by the court.
Firearms Prohibition The respondent is prohibited from owning or possessing firearms while the order is in effect.
Stay-Away Order The order may require the respondent to stay a specified distance away from the protected person.
No Fees for Service The sheriff or marshal serves the order without charge if based on credible threats.
Mandatory Entry The order must be entered into the California Restraining and Protective Order System (CARPOS).

Sample - Fake Restraining Order Form

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)