Fake Restraining Order PDF Template

Fake Restraining Order PDF Template

A Fake Restraining Order form represents a document that is unlawfully created to deceive or manipulate a situation involving workplace violence or personal safety. Such a form may be used to wrongfully accuse or intimidate an individual, manipulating the legal system for the petitioner's benefit. Understanding the implications of this form is crucial as it can lead to serious legal consequences for both the person creating it and the individual it falsely targets. If you need to fill out a restraining order form, click the button below.

Overview

In situations where safety is a concern, the Temporary Restraining Order (TRO) serves as an important legal tool for individuals seeking protection against unwanted behavior or violence in the workplace. The WV-110 form outlines the necessary details for petitioners, often employers, to initiate an immediate court order that safeguards both themselves and their employees. Key elements of the form include identifying information for the petitioner and employee, as well as data on the respondent, or restrained person. This includes personal identifiers such as name, sex, age, and relationship to the employee. The form also specifies the orders granted, which address behaviors such as harassment, stalking, and direct contact with the employee. Additionally, it details stay-away orders, which enforce physical separation from the employee and other protected individuals. The TRO further prohibits the possession of firearms and requires the respondent to act within specified timelines to dispose of any weapons. Importantly, the order includes instructions for law enforcement regarding its enforcement and emphasizes the consequences of violating its terms. By providing a structured approach to workplace violence prevention, this form aims to create a safer environment for all involved.

Fake Restraining Order Preview

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)

↓ Fake Restraining Order

File Properties

Fact Name Details
Purpose The WV-110 Temporary Restraining Order form is designed to protect employees from workplace violence by prohibiting certain actions by the restrained person.
Governing Laws This form falls under California's Code of Civil Procedure, specifically sections 527.8 and 527.9, which address workplace violence prevention.
Enforcement The restraining order must be entered into the California Restraining and Protective Order System (CARPOS) and can be enforced by any law enforcement agency.
Consequences of Violation Failure to comply with the stipulations of the order can lead to arrest and possible criminal charges, including up to one year in jail and fines up to $1,000.
Order Duration The order remains effective until the expiration date specified in the order, which occurs at the end of the scheduled hearing.

Instructions on Utilizing Fake Restraining Order

Filling out the Fake Restraining Order form can be straightforward when you take it step by step. After completing the form, you will typically proceed to file it with the appropriate court. Make sure all the information is accurate, as incorrect details can delay your process.

  1. Section 1: Petitioner Information
    • Write the employee’s name in the space provided.
    • If applicable, fill in your lawyer's information, including their name, State Bar number, and firm name.
    • Enter your complete address, including the city, state, and zip code.
    • Provide your telephone number, fax number (if any), and email address.
  2. Section 2: Employee Information
    • Fill in the full name of the employee who needs protection.
    • Indicate the court name and street address for the filing.
  3. Section 3: Respondent Information
    • Enter the full name of the person being restrained.
    • Complete the sections regarding their physical description (sex, height, weight, date of birth, hair color, eye color, age, race).
    • If known, provide their home address, city, state, and zip code.
    • State their relationship to the employee.
  4. Section 4: Additional Protected Persons
    • List any additional people who are protected by the order.
    • Indicate their name, sex, age, and if they are a household member or their relation to the employee.
  5. Section 5: Expiration Date
    • Fill in the date and time when the order will expire at the scheduled hearing.
  6. Section 6: Personal Conduct Orders
    • Indicate which personal conduct orders you are requesting.
    • List any other specific behaviors prohibited against the employee and others.
  7. Section 7: Stay-Away Order
    • Fill out the required information for the stay-away order, specifying distances and locations.
  8. Section 8: No Guns or Firearms
    • Make sure the respondent understands the restrictions around firearms.
    • Indicate the need to surrender any firearms if applicable.
  9. Section 9: Other Orders
    • Specify any additional orders requested.
  10. Signature and Filing
    • Sign and date the form.
    • Ensure you have any attachments or additional pages that are referred to in the form.

After filling out the form, be prepared to file it properly with the court and follow up as needed, ensuring you have copies for your records. Make sure to keep track of any upcoming hearings or deadlines related to this matter.

Important Facts about Fake Restraining Order

What is a Fake Restraining Order form?

A Fake Restraining Order form is a document that is created to imitate an official restraining order, which is a legal document issued by a court to protect an individual from harassment or harm. It's important to note that using such a form for deceitful purposes can have serious legal consequences.

What can happen if I use a Fake Restraining Order?

Using a Fake Restraining Order can result in criminal charges such as forgery or fraud. If found guilty, you could face fines, jail time, or both. Courts take these matters very seriously, and it can significantly harm your reputation and future opportunities.

Is it legal to search for someone’s restraining order history?

Yes, it’s generally legal to search for someone’s restraining order history. Many states allow the public to access court records, which may include restraining orders. However, accessing this information with the intent to harass or harm someone is illegal and unethical.

Can I file a restraining order against someone for harassment?

Yes, you can file a restraining order if you feel threatened or harassed by someone. To do this, you must provide evidence of the harassment to the court. A trained legal professional can assist you in this process and help ensure that you meet all the required criteria.

What should I do if I receive a restraining order?

If you receive a restraining order, it is crucial to take it seriously. Read the order carefully to understand the restrictions and requirements. You must comply with all terms, as violating a restraining order can lead to arrest and criminal charges. If you disagree with the order, consult a lawyer to explore your options for responding.

What are the different types of restraining orders?

There are typically three main types of restraining orders: emergency protective orders (issued in urgent situations), temporary restraining orders (often issued for a short period until a hearing), and permanent restraining orders (which can last for years). Each type varies in terms of duration and the circumstances under which it is granted.

How long does a restraining order last?

The duration of a restraining order can vary based on the type. Temporary restraining orders usually last until a court hearing, while permanent orders can be valid for several years. It is essential to understand the specifics outlined in the restraining order you receive for clarity on its expiration date.

Can I modify a restraining order once it has been issued?

Yes, you can request a modification of a restraining order. This usually requires another court hearing where you will need to demonstrate valid reasons for the change. A lawyer can help guide you through this process and present your case effectively to the judge.

Common mistakes

When completing the Fake Restraining Order form, individuals may overlook important sections, leading to incomplete submissions. A common mistake involves neglecting to provide comprehensive personal information. For both the petitioner and the respondent, the form requires full names, addresses, and contact information. Failing to include this information or providing incomplete or inaccurate details can result in delays or rejections by the court.

Another frequent error arises from incorrectly identifying the relationship between the employee and the respondent. This information is crucial for the court to assess the context of the restraining order. Mislabeling the nature of the relationship may alter the effectiveness of the order or even lead to its dismissal. Ensuring accurate descriptions helps establish the necessary foundation for the court's decision-making process.

People often misinterpret specific sections, particularly concerning the stay-away requirements outlined in the form. Clear articulation of the locations and individuals from whom the respondent must stay away is essential. If these details are vague or incomplete, it may lead to confusion regarding the enforceability of the order. Explicitly indicating the distances and specific locations is necessary for effective implementation.

Lastly, an underappreciated aspect of the form involves failing to specify additional protected persons. When the petitioner seeks protection for family members or others connected to the employee, this information must be thoroughly documented. Omitting these individuals can limit the protections afforded by the restraining order. Including all relevant parties ensures that the court acknowledges the full scope of the situation and issues appropriate orders.

Documents used along the form

The process surrounding a Fake Restraining Order form, especially in workplace violence situations, often involves various supporting documents. These documents can serve multiple purposes, such as providing additional information, establishing legal grounds, or facilitating communication between parties involved. Below is a list of related documents that are frequently utilized in conjunction with the Fake Restraining Order form.

  • WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the respondent to formally reply to the allegations made in the restraining order petition. It is important for contesting the claims and presenting one's side of the story.
  • WV-109: Notice of Court Hearing - This document notifies the involved parties of the upcoming court hearing related to the restraining order. It specifies the date, time, and location of the hearing.
  • WV-800: Proof of Firearms Turned In, Sold, or Stored - This form is used to provide proof that the restrained individual has complied with orders regarding the surrender of firearms. A receipt must be filed with the court within a specified timeframe.
  • MC-030: Declaration - This form is available for submitting written statements from the respondent or witnesses to support a case during the court proceedings. It provides an opportunity to present factual accounts relevant to the situation.
  • WV-250: Proof of Service of Response by Mail - This document serves as proof that the respondent’s paperwork has been delivered to the petitioner or their attorney. Proper service is crucial for ensuring that all parties are aware of the proceedings.
  • EPO-001: Emergency Protective Order - In cases of immediate danger, this form is utilized to secure temporary protection until a more comprehensive restraining order can be established. It offers urgent protection to individuals at risk.
  • Request for Fee Waiver (FW-001) - This form can be submitted by the petitioner to request exemption from court fees due to financial hardship. A waiver may be critical for those who cannot afford legal costs.
  • Judicial Council Form (CV-159): Notice of Change of Address - This form ensures that all parties involved are updated with the latest contact information, which is essential for maintaining communication and service of documents.
  • Statement of Facts - While not a standard form, many individuals choose to draft a statement summarizing the events and circumstances that led to the petition for the restraining order. Such statements can be submitted to the court for context.
  • Ex Parte Application - This document allows a petitioner to seek immediate relief before a regular hearing takes place. In urgent situations, this application can expedite the process of obtaining protective measures.

Utilizing the appropriate supporting documents may enhance the legal process and ensure that the necessary protections are in place. The combination of these forms helps create a comprehensive legal approach to addressing workplace violence cases effectively.

Similar forms

  • Emergency Protective Order (EPO): An Emergency Protective Order is similar to a Fake Restraining Order in that both are designed to provide immediate protection to individuals in danger. EPOs are often issued by law enforcement officers to temporarily restrict contact from an alleged abuser until a more formal court hearing can take place.

  • Domestic Violence Restraining Order (DVRO): A Domestic Violence Restraining Order is also akin to the Fake Restraining Order, as it aims to protect victims of domestic violence. Both require the restrained individual to stay away from the protected person and prohibit them from making any form of contact.

  • Stay-Away Order: This type of order mandates that a person maintain a specific distance from another individual, similar to the stipulations found in the Fake Restraining Order. The intention of both is to ensure the safety of the protected individual by legally prohibiting the restrained person from approaching or contacting them.

  • No Contact Order: A No Contact Order prohibits any communication or interaction between two parties. Like the Fake Restraining Order, it aims to safeguard an individual from harassment or harm by legally barring the restrained person from making contact in any form.

  • Workplace Violence Restraining Order: Specifically designed to protect employees from threats or violence in a work setting, this order bears a resemblance to the Fake Restraining Order. Both documents outline prohibited actions and conduct, reinforcing the importance of safety in a professional environment.

Dos and Don'ts

When filling out the Fake Restraining Order form, it’s crucial to proceed carefully. Follow these guidelines to ensure proper completion:

  • Do: Provide complete and accurate information for the petitioner and respondent.
  • Do: Include any additional protected persons if applicable.
  • Do: Check all necessary boxes related to personal conduct orders and stay-away orders.
  • Do: Ensure the expiration date is clearly specified.
  • Don't: Leave any sections blank that require a response.
  • Don't: Forge or alter any information to misrepresent facts.
  • Don't: Ignore the need for the order to be entered into CARPOS.
  • Don't: Forget to provide necessary supporting documents if there are additional orders.

Misconceptions

Misconception 1: A fake restraining order is easy to obtain.

In reality, courts require substantial evidence and adherence to legal procedures to grant a restraining order. Misuse can lead to serious legal consequences.

Misconception 2: Restraining orders cannot be challenged.

This is not true. The recipient of a restraining order has the right to contest it in court, providing them an opportunity to present their side.

Misconception 3: Restraining orders are the same as protective orders.

While both serve to protect individuals, they differ in scope and circumstances. Protective orders are often issued in domestic situations, whereas restraining orders can apply in various scenarios, including workplace violence.

Misconception 4: Only victims can request a restraining order.

Although primarily focused on victims, employers can also request temporary restraining orders to protect employees from workplace violence or harassment.

Misconception 5: A restraining order guarantees complete safety.

While a restraining order provides a legal barrier against the restrained individual, it does not offer absolute security, as enforcement relies on law enforcement.

Misconception 6: Violating a restraining order is a minor offense.

Violating a restraining order is considered a serious crime, potentially leading to arrest, jail time, heavy fines, or other legal repercussions.

Key takeaways

  • The form must be completed accurately, including information about the petitioner, protected employees, and the respondent. Ensure all names, addresses, and contact details are correct.

  • Various protective measures can be requested in the form, such as personal conduct orders and stay-away orders. Clearly specify what protections are necessary to ensure the safety of all individuals involved.

  • Upon issuance, the temporary restraining order must be entered into the California Restraining and Protective Order System (CARPOS) for enforcement by law enforcement agencies.

  • Violations of the order can lead to serious consequences. The restrained person risks arrest, potential jail time, and fines if the terms of the order are not followed.

  • Legal representation is recommended for the respondent if they wish to challenge the order. Proper procedures and forms must be followed to file a response effectively.

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