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The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, is designed to address workplace violence and provide immediate protection for employees. This form requires the petitioner, typically the employer, to provide their name, contact information, and details about the employee seeking protection. It also includes essential information about the respondent, or the person being restrained, such as their name, physical description, and relationship to the employee. The form outlines the specific orders granted by the court, which may include prohibitions against harassment, stalking, or any form of contact with the employee. Additionally, it details any other protected individuals, such as family members or coworkers, who may also be at risk. A stay-away order may be issued, mandating the respondent to maintain a certain distance from the protected persons and their locations. Importantly, the form includes provisions regarding firearms, stating that the respondent must surrender any weapons they possess. Lastly, the form emphasizes the consequences of violating these orders, which can include arrest and criminal charges. Understanding the components of this form is crucial for ensuring the safety of employees and compliance with legal requirements.
Fake Restraining Order Preview
1Petitioner (Employer) a. Name:
Lawyer for Petitioner (if any, for this case):
Name: |
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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State: |
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Zip: |
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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: |
Race: |
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Home Address (if known): |
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City: |
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State: |
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Zip: |
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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:
Date: |
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Time: |
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a.m. |
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p.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)
Common mistakes
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Incomplete Information: Failing to fill out all required fields can lead to delays or even rejection of the application. Every section, from the petitioner’s name to the respondent’s details, must be fully completed.
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Incorrect Case Number: Entering the wrong case number can cause confusion. Always double-check the case number before submitting the form to ensure it matches the court’s records.
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Omitting Protected Persons: Forgetting to list all individuals who need protection can weaken the order. Include every relevant family member or household member to ensure comprehensive coverage.
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Neglecting to Specify Relationship: Not clarifying the relationship between the employee and the respondent can lead to misunderstandings. Clearly state how they are connected to provide context for the court.
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Ignoring Expiration Date: Failing to specify or understand the expiration date of the order can lead to confusion about its validity. Make sure to fill in the correct date and time for the hearing.
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Missing Required Attachments: Not including necessary attachments can result in the order being deemed incomplete. Ensure all additional documents are attached as required.
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Failure to Review Before Submission: Rushing through the form without a thorough review can lead to mistakes. Always take the time to double-check for errors or omissions before submitting the form.
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Dos and Don'ts
When filling out the Fake Restraining Order form, it's important to follow certain guidelines to ensure the process goes smoothly. Here’s a helpful list of what to do and what to avoid:
- Do provide accurate and complete information about both the petitioner and the respondent.
- Do make sure to include all necessary details about additional protected persons.
- Do clearly state the reasons for requesting the restraining order.
- Do review the form carefully for any errors before submitting it.
- Do keep a copy of the completed form for your records.
- Don't leave any sections blank unless instructed to do so.
- Don't provide false information, as this can lead to serious consequences.
- Don't forget to sign and date the form where required.
- Don't submit the form without ensuring it meets all local court requirements.
- Don't ignore any deadlines for filing the restraining order.
Misconceptions
Misconceptions about the Fake Restraining Order form can lead to confusion and misunderstandings. Here are six common misconceptions and clarifications for each:
- 1. The form is only for victims of domestic violence. Many believe that restraining orders are only applicable in domestic situations. However, this form can also be used in workplace violence cases, protecting employees from threats or harassment from coworkers or others.
- 2. A restraining order guarantees safety. Some think that obtaining a restraining order will completely eliminate the risk of harm. While it provides legal protection, it does not guarantee safety. Victims should still take precautions and seek additional support.
- 3. The restraining order is permanent. Many assume that once a restraining order is issued, it lasts indefinitely. In reality, temporary restraining orders expire after a specified time unless extended by the court.
- 4. Respondents cannot contest the order. There is a belief that once a restraining order is issued, the respondent has no recourse. In fact, respondents have the right to contest the order at a hearing and present their side of the story.
- 5. Violating the order has no serious consequences. Some think that breaking a restraining order is a minor issue. This is incorrect. Violating a restraining order can lead to criminal charges, fines, or even jail time.
- 6. The order is automatically enforced by law enforcement. Many believe that law enforcement will automatically enforce the order without any action required. While law enforcement agencies can enforce the order, they need to be made aware of it and may require proof of service.
Detailed Guide for Using Fake Restraining Order
Filling out the Fake Restraining Order form requires careful attention to detail. Each section of the form must be completed accurately to ensure that the request is processed correctly. After completing the form, it will need to be filed with the appropriate court, where a hearing will be scheduled. Here are the steps to fill out the form:
- Petitioner Information: Start by entering the name of the employer in the designated field. If there is a lawyer representing the petitioner, include their name, state bar number, and firm name.
- Contact Details: Provide the address of the petitioner. If a lawyer is involved, use their information instead. Include the city, state, zip code, telephone number, fax number, and email address.
- Employee Information: Enter the full name of the employee who is the protected person. Make sure to fill in the court name and street address as well.
- Respondent Information: In this section, provide the full name of the restrained person. Include their sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known. Also, specify the relationship to the employee.
- Additional Protected Persons: If there are other family members or employees who need protection, list their full names, sex, age, and relationship to the employee. Indicate whether they are household members.
- Expiration Date: Specify the date and time when the order is set to expire. Make sure to indicate whether it is a.m. or p.m.
- Personal Conduct Orders: Check the appropriate boxes to indicate the orders being requested. Be specific about any additional orders if necessary.
- Stay-Away Orders: Indicate the distances the restrained person must maintain from the protected person and any additional locations, such as workplaces or homes.
- No Guns or Firearms: Confirm that the respondent cannot possess firearms and outline the steps they must take to comply.
- Other Orders: If there are any additional orders being requested, specify them here.
- Mandatory Entry: Check the box indicating how the order will be entered into the California Restraining and Protective Order System (CARPOS).
- No Fee to Serve: Indicate whether the sheriff or marshal will serve the order without charge.
- Attachments: If there are additional pages attached to the order, note the number of pages.
- Date and Signature: Finally, sign and date the form where indicated. The judicial officer will complete their section later.