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The Fake Restraining Order form, specifically the WV-110 Temporary Restraining Order, serves as a critical legal document designed to address issues of workplace violence and harassment. This form is initiated by a petitioner, often an employer, who seeks protection for an employee, referred to as the protected person. It contains essential information such as the names and contact details of both the petitioner and the respondent, who is the person being restrained. The form outlines the nature of the relationship between the employee and the respondent, along with the specific conduct that is prohibited. Key elements include personal conduct orders, which prohibit actions such as harassment, stalking, and any form of contact with the protected person. Additionally, the form specifies stay-away orders, mandating that the restrained individual maintain a certain distance from the employee and other designated locations. The WV-110 also addresses the possession of firearms, prohibiting the respondent from owning or accessing guns while the order is in effect. Furthermore, it details the enforcement mechanisms, including mandatory entry into the California Restraining and Protective Order System (CARPOS) and the penalties for non-compliance. This document plays a vital role in safeguarding individuals in the workplace from potential threats, thereby promoting a safer work environment.
Common mistakes
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Incomplete Information: Many individuals fail to provide all required information, such as the full names and addresses of the petitioner, respondent, and any additional protected persons. Missing details can delay processing.
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Incorrect Case Number: Some people mistakenly enter the wrong case number or leave this field blank. This can lead to confusion and complications in tracking the order.
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Failure to Specify Relationships: Not clearly stating the relationship between the employee and the respondent can create ambiguity. This information is crucial for the court to understand the context of the order.
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Omitting Additional Protected Persons: Forgetting to list additional family members or household members who need protection can undermine the effectiveness of the order.
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Ignoring Expiration Date: Some individuals neglect to fill in the expiration date for the order. Without this, the order may not be enforceable.
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Not Following Instructions for Firearms: Failing to comply with the requirements regarding firearms can have serious legal consequences. It is essential to specify what actions must be taken regarding any firearms owned by the respondent.
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Skipping Mandatory Entry into CARPOS: Individuals often overlook the requirement to enter the order into the California Restraining and Protective Order System (CARPOS). This step is critical for enforcement.
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Incorrectly Checking Stay-Away Provisions: Misunderstanding the stay-away provisions can lead to improper completion of this section. It is vital to indicate all relevant locations accurately.
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Not Providing Contact Information: Omitting a valid phone number or email address can hinder communication regarding the order. This information is necessary for follow-up and updates.
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Neglecting to Review for Errors: Failing to double-check the completed form for errors or omissions can lead to significant delays or rejections. It is essential to ensure everything is accurate before submission.
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Key takeaways
Filling out the Fake Restraining Order form requires careful attention to detail. Here are key takeaways to consider:
- Identify the Petitioner: Clearly state the name of the employer or individual filing the order. Include the lawyer's information if applicable.
- Provide Accurate Details: Fill in the employee's name and any other protected persons accurately to ensure proper protection.
- Respondent Information: Include the full name and relevant details of the restrained person, such as their sex, height, and relationship to the employee.
- Additional Protected Persons: List any family members or other employees who need protection under this order.
- Expiration Date: Note the expiration date of the order, which is crucial for its validity.
- Obey Court Orders: The restrained person must follow all orders specified in the form to avoid criminal charges.
- Stay-Away Orders: Clearly indicate the places the restrained person must avoid, including the employee's home and workplace.
- No Firearms: The restrained person cannot possess firearms or ammunition while the order is in effect.
- Mandatory Entry: Ensure the order is entered into the California Restraining and Protective Order System (CARPOS) for enforcement.
- Service of Order: The sheriff or marshal will serve the order without charge if it is based on credible threats.
Understanding these key points can help ensure the form is filled out correctly and used effectively.
Fake Restraining Order Example
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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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: |
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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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Time: |
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a.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)
Understanding Fake Restraining Order
What is a Fake Restraining Order form?
A Fake Restraining Order form is not an official legal document and should not be used in any legal proceedings. It may refer to a document that mimics the appearance of a legitimate restraining order but lacks legal validity. Using such a form can lead to serious legal consequences, including potential criminal charges for fraud or harassment.
Who can file for a Temporary Restraining Order (TRO)?
In California, any individual who feels threatened or has experienced harassment can file for a Temporary Restraining Order. This includes employees who believe they are facing workplace violence. The person filing is referred to as the "Petitioner," and they may seek protection not only for themselves but also for other family members or household members who may be at risk.
What information is required on the form?
The form requires detailed information, including:
- The name and contact details of the Petitioner.
- The name and details of the Respondent (the person being restrained).
- Descriptions of the Respondent, such as physical characteristics and relationship to the employee.
- Details of any additional protected persons.
- The expiration date of the order.
Providing accurate and complete information is crucial for the court to process the request effectively.
What happens after filing the form?
Once the form is filed, the court will review it and may issue a Temporary Restraining Order. The Respondent will then need to be served with the order, which informs them of the restrictions placed upon them. If the Respondent does not comply with the order, they could face serious legal repercussions, including arrest.
Can the orders in the restraining order be modified?
Yes, the orders can be modified, but only through another court order. If circumstances change or if the protected person wishes to lift the order, they must return to court to request a modification. It is essential to follow the legal process to ensure that any changes are enforceable.
What are the consequences of violating a restraining order?
Violating a restraining order can lead to severe consequences. The Respondent may face criminal charges, which can result in fines, jail time, or both. Additionally, any intentional violation of the order is considered a misdemeanor, which can further complicate the Respondent's legal standing.
Is there a fee to file for a Temporary Restraining Order?
In many cases, there is no fee to file for a Temporary Restraining Order, especially if the petitioner can demonstrate a credible threat of violence or stalking. Courts often waive fees for individuals who are in danger. It is advisable to check with the specific court for their policies regarding fees.
How long does a Temporary Restraining Order last?
A Temporary Restraining Order typically lasts until the scheduled court hearing, where a judge will determine whether to extend it into a more permanent restraining order. The duration can vary based on the judge's decision, and a permanent order can last up to three years.
What should I do if I am served with a restraining order?
If you are served with a restraining order, it is crucial to read it carefully and comply with its terms. Ignoring the order can lead to legal consequences. If you wish to contest the order, you should file a response with the court and attend the hearing. It is advisable to seek legal assistance to navigate this process effectively.
How to Use Fake Restraining Order
Filling out the Fake Restraining Order form requires careful attention to detail. Each section must be completed accurately to ensure that the order is processed correctly by the court. Below are the steps to guide you through the process of filling out this form.
- Petitioner Information: Start by entering the name of the employer as the petitioner. If there is a lawyer representing the petitioner, include their name, state bar number, and firm name.
- Your Address: Provide the address of the petitioner. If applicable, include the lawyer's information, including the 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.
- Court Information: Write the name and street address of the court where the form is being filed. The court will fill in the case number upon filing.
- Respondent Information: Enter the full name of the restrained person. Include their description, such as 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 require 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 will expire. This is typically the end of the hearing.
- Personal Conduct Orders: Indicate whether any personal conduct orders are requested. If so, check the appropriate boxes for the orders that should be granted.
- Stay-Away Order: Specify if a stay-away order is requested. Indicate the distance the restrained person must maintain from the employee and any other protected persons or locations.
- No Guns or Firearms: Check the appropriate boxes regarding firearms possession and compliance requirements.
- Other Orders: If there are any additional orders requested, specify them in this section.
- Entry of Order: Decide who will enter the order into the California Restraining and Protective Order System (CARPOS) and check the corresponding box.
- No Fee to Serve: Indicate whether the sheriff or marshal will serve the order without charge, based on the specified criteria.
- Attachments: Note the number of pages attached to the order, if any.
- Signature: Leave space for the judicial officer’s signature and date.
Once the form is filled out, it is important to review all the information for accuracy. After submission, the court will process the order and notify the involved parties. Ensure that you understand the implications of the order and follow any further instructions provided by the court.