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The Fake Restraining Order form, officially known as WV-110, is a crucial document designed to address workplace violence concerns. This form is initiated by a petitioner, typically an employer, who seeks protection for an employee from a respondent, often an individual posing a threat. It includes essential details such as the names and addresses of both the petitioner and the respondent, alongside a case number assigned by the court. The form outlines specific orders that may be granted, including prohibitions against harassment, stalking, and contact with the protected employee. Additionally, it may include stay-away orders that dictate how far the respondent must remain from the employee and other protected individuals, such as family members. The form emphasizes the serious nature of the orders, highlighting that violations can lead to criminal charges and significant penalties. Furthermore, it mandates the entry of the order into the California Restraining and Protective Order System (CARPOS) to ensure enforcement by law enforcement agencies. As such, the WV-110 serves as a vital tool in safeguarding individuals from potential harm in the workplace environment.
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Steps to Using Fake Restraining Order
Filling out a Fake Restraining Order form requires careful attention to detail. Each section of the form must be completed accurately to ensure it is processed correctly by the court. After filling out the form, you will need to file it with the appropriate court and follow up with any necessary steps regarding service and enforcement.
- Petitioner Information: In the first section, provide the name of the employer (petitioner). If there is a lawyer representing the petitioner, include their name, state bar number, and firm name.
- Your Address: Enter the address of the petitioner. If a lawyer is involved, provide the lawyer’s contact information, including address, city, state, zip code, telephone number, fax number, and email address.
- Employee Information: Fill in the full name of the employee who is the protected person. This is where the court will stamp the date when the form is filed.
- Court Information: Write the name of the court and its street address. This is typically the Superior Court of California, County of.
- Respondent Information: Provide the full name of the restrained person (respondent). Include details such as sex, height, weight, date of birth, hair color, eye color, age, race, and home address if known.
- Relationship to Employee: Describe the relationship between the employee and the respondent.
- Additional Protected Persons: If there are any family or household members or other employees to be protected, list their names, sex, age, and relationship to the employee.
- Expiration Date: Indicate the date and time when the order will expire, which is typically at the end of the scheduled hearing.
- Personal Conduct Orders: Check the appropriate boxes for any personal conduct orders that are being requested against the respondent.
- Stay-Away Orders: Specify the distances that the respondent must maintain from the employee, their workplace, home, and any other specified locations.
- No Guns or Firearms: Indicate whether the respondent is prohibited from owning or possessing firearms and outline the steps they must take if they have any firearms in their possession.
- Other Orders: If there are additional orders being requested, specify them here.
- Mandatory Entry of Order: Decide who will enter the order 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.
- Sign and Date: Finally, the form must be signed and dated by the judicial officer.
Key takeaways
Here are key takeaways about filling out and using the Fake Restraining Order form:
- The form requires detailed information about the petitioner, including their name, address, and contact information.
- It is essential to accurately fill in the details of the employee who is the protected person, including their full name and relationship to the petitioner.
- Respondent information must be complete, including their physical description and any known addresses.
- Additional protected persons can be included on the form, ensuring their names and relationships are clearly stated.
- The expiration date of the order must be specified, which is typically at the end of the scheduled hearing.
- Specific orders, such as stay-away provisions and personal conduct restrictions, must be clearly indicated and checked as granted or denied.
- It is mandatory to enter the order into the California Restraining and Protective Order System (CARPOS) for enforcement.
- Failure to comply with the order can result in serious legal consequences, including arrest and fines.
Misconceptions
Misconception 1: The Fake Restraining Order form is legally valid.
This form is not a legitimate legal document. It lacks the necessary judicial approval and cannot be enforced in a court of law.
Misconception 2: Anyone can file a Fake Restraining Order without consequences.
Filing a false restraining order can lead to serious legal repercussions, including criminal charges and potential civil liability.
Misconception 3: The Fake Restraining Order provides the same protections as a real restraining order.
A Fake Restraining Order does not offer any legal protections or remedies. Only a court-issued restraining order has legal standing and enforceability.
Misconception 4: The Fake Restraining Order can be used to manipulate or intimidate others.
Using a Fake Restraining Order for intimidation is unlawful. Such actions can result in legal action against the individual who files it.
Misconception 5: Once filed, a Fake Restraining Order cannot be challenged.
Even if a Fake Restraining Order is filed, the affected party can contest it in court. They may seek legal remedies for any damages caused.
Misconception 6: The Fake Restraining Order can be converted into a real restraining order.
A Fake Restraining Order cannot be converted into a legitimate order. A valid restraining order must go through the proper legal channels.
Misconception 7: There are no penalties for filing a Fake Restraining Order.
Individuals who file a Fake Restraining Order may face criminal charges, including perjury and filing false documents.
Misconception 8: The Fake Restraining Order is a harmless document.
Filing a Fake Restraining Order can cause significant harm to the reputation and well-being of the individual targeted. It can also strain relationships and create unnecessary legal battles.
Preview - Fake Restraining Order Form
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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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: |
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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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State: |
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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)
Document Specs
| Fact Name | Description |
|---|---|
| Form Identifier | The form is known as WV-110, which stands for Temporary Restraining Order related to workplace violence prevention. |
| Governing Laws | This form is governed by the California Code of Civil Procedure, specifically sections 527.8 and 527.9. |
| Petitioner Information | The form requires the name and address of the petitioner, typically the employer, and their legal representation, if applicable. |
| Respondent Details | Information about the respondent, including their full name, physical description, and relationship to the employee, must be provided. |
| Protected Persons | In addition to the employee, the form allows for additional family or household members to be included as protected persons. |
| Expiration Date | The temporary restraining order has a specific expiration date, which is set for the end of the scheduled hearing. |
| Firearm Restrictions | The order prohibits the respondent from owning or possessing firearms and requires them to surrender any firearms within 24 hours. |
| No Fee for Service | The sheriff or marshal serves the order without charge if it is based on a credible threat of violence or stalking. |