A Fake Restraining Order form is a document that can be misused to create false legal claims against individuals, often with serious consequences. This unlawful practice not only undermines the judicial system but can also lead to significant legal repercussions for those who engage in it. Understanding the implications and potential fallouts of using such a form is crucial.
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In situations where workplace violence is a concern, the Fake Restraining Order form, specifically the WV-110, plays a crucial role in providing protection for employees. This temporary order can help safeguard not only the employee but also additional family or household members who may be affected. The form requires the petitioner to provide essential details, such as names, addresses, and the relationship between the employee and the restrained individual, also known as the respondent. It clearly outlines the prohibited actions that the restrained person must avoid, which can include harassment, contact, or stalking, while also specifying the safe distances that must be maintained between the respondent and the protected persons. Additionally, the form addresses the important issue of firearm possession, mandating that the restrained person cannot own or possess guns or ammunition during the order's validity. The WV-110 includes different sections for specific orders, and it may also necessitate law enforcement involvement to ensure compliance. Understanding both the requirements and implications of this form is vital for anyone navigating the complexities of workplace safety and personal security.
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
Once you have reviewed the Fake Restraining Order form, you are ready to start filling it out. Follow the steps carefully to ensure that all necessary information is correctly entered. This form is important; it serves specific legal purposes that will help in achieving protection in the workplace. Please make sure to have all the required documents and information on hand before you begin.
After filling out the form, make sure to review everything for accuracy. Once completed, you will need to submit the form at the designated court, where you may also be given further instructions regarding the next steps in the legal process. Staying organized and informed will be key as you move forward.
What is a Fake Restraining Order form?
A Fake Restraining Order form, although not a legal document, may refer to a fraudulent imitation of an official restraining order. Such forms can be created or used with the intent to deceive others about the existence of a restraining order. This can lead to serious consequences for both the person creating the fake document and those who rely on it.
How can someone identify a legitimate restraining order?
Legitimate restraining orders will typically be issued by a court and will contain specific identifiers such as a case number, official court stamps, and signatures from a judge. They may also specify certain legal rights and obligations, clearly outlining the protected parties as well as penalties for violations. If someone has doubts about the authenticity of a restraining order, it's advisable to check with the courthouse from which the order is claimed to have been issued.
What actions can be taken if someone creates a fake restraining order?
If an individual discovers that a fake restraining order has been created against them, it’s important to gather evidence of the forgery and report it to local law enforcement. Filing charges for forgery or fraud may be possible, and consulting with a legal professional is often beneficial to determine the best course of action.
Are there penalties for using a fake restraining order?
Yes, individuals who use fake restraining orders can face serious consequences. This could include criminal charges such as forgery or fraud, which could result in fines or imprisonment. Additionally, the party affected by the fake order could sue for damages caused by the misuse of the document.
What should someone do if they are served with a fake restraining order?
Being served with a fake restraining order can be distressing. It's essential to remain calm and take immediate steps to verify its authenticity. Contacting a legal professional is highly recommended to discuss options for responding to the order and to understand rights and obligations. Regardless of the order's legitimacy, responding appropriately is crucial.
Can a fake restraining order affect someone's personal or professional life?
Yes, the implications of a fake restraining order can be significant. Such an order may harm a person’s reputation and affect relationships with family, friends, and colleagues. Depending on the situation, it could also impact one's job, especially if it involves workplace violence allegations, even if the order is proven to be fake.
What resources are available for individuals dealing with restraining orders?
Individuals dealing with restraining orders can seek assistance from various resources. Legal aid organizations often provide support to those who cannot afford an attorney. Additionally, many courts have self-help centers where individuals can receive guidance on how to respond to or contest restraining orders. Local law enforcement agencies can also serve as a resource for concerns about safety and protections against harassment.
How can someone protect themselves from being affected by a fake restraining order?
To protect oneself, it is important to establish a good record of personal conduct, maintain clear documentation of any interactions with the person who may issue a fake restraining order, and promptly respond to any legal documents served. Seeking legal advice when faced with potential legal issues can provide guidance and help mitigate impacts from fraudulent claims.
Filling out a Fake Restraining Order form can have serious consequences, and mistakes can lead to delays or even rejections of the petitions. One common error is failing to provide complete and accurate information about the petitioner, including the full name and address. Incomplete entries can cause confusion and may result in the form being returned for correction.
Another frequent mistake involves the respondent's details. It is crucial to include all relevant identifiers, such as full name, date of birth, and physical descriptors like height and weight. Omitting this information or providing incorrect details can make enforcement of the order challenging.
Omitting or incorrectly completing the section for additional protected persons can also be an issue. All individuals who need protection must be listed, with their relationships to the employee clearly defined. Missing this information could leave vulnerable individuals without legal protection.
People often overlook the importance of specifying the expiration date of the temporary restraining order. Understanding that this order has a limited timeframe is essential. Forgetting to indicate a specific date can result in confusion regarding its enforcement.
Improperly filling out the mandatory entry of the order into CARPOS is yet another mistake. This step is crucial for legal enforceability. If the individual responsible for this task does not ensure the order is entered correctly, it may not be recognized by law enforcement.
Errors can also occur when selecting personal conduct orders. Each option must be thoughtfully considered and clearly checked. If the appropriate boxes are not marked or if the requested orders are left blank, essential protections may not be granted.
Another common oversight is related to the stay-away orders. Be specific about the distances required from the designated locations or persons. Vague language could lead to misunderstandings and ineffective enforcement.
Failing to indicate whether a fee waiver is necessary may result in financial delays or complications. If the petitioner is entitled to a fee waiver and does not indicate this on the form, service of the order could incur unexpected expenses.
Lastly, many people forget to sign the document or have it signed by the appropriate authority. An unsigned order lacks legal standing. Each required signature needs to be present for the order to be valid.
Ensuring that the Fake Restraining Order form is filled out accurately and completely is essential. Taking the time to double-check all entries can prevent complications and ensure that the intended protections are put in place effectively.
When dealing with restraining orders, various forms and documents complement the Fake Restraining Order form. Understanding these documents can help all parties involved navigate the legal process more effectively.
Utilizing these documents correctly is essential for all parties involved in a restraining order case. They help ensure that legal processes are adhered to and that rights are respected, facilitating a clearer path to resolution.
The Fake Restraining Order form shares similarities with several other legal documents designed to protect individuals from harassment or violence. Each document serves a specific purpose but contains some overlapping elements. Below are the documents that are similar, along with their key similarities.
Each of these documents serves to ensure the safety and well-being of individuals facing threats or harassment, often highlighting the same core principles of protection and prevention.
When filling out a Fake Restraining Order form, there are crucial practices to keep in mind. Here’s a concise list of what you should and shouldn't do:
Misconceptions about the Fake Restraining Order form can cause unnecessary confusion. Here is a list of common misunderstandings, along with explanations for each one.
Understanding these misconceptions is essential for anyone involved with the restraining order process. Clear knowledge about the rules and nature of these documents can prevent complications down the line.
Filling out and using the Fake Restraining Order form, known as WV-110, requires careful attention. Below are key takeaways to ensure proper understanding and execution of this legal document.
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