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Fake Restraining Order Sample

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)

Instructions on Utilizing Fake Restraining Order

Filling out a Fake Restraining Order form requires careful attention to detail. Each section must be completed accurately to ensure that the form serves its intended purpose. After you fill out the form, you will need to file it with the appropriate court, where a judge will review it and make a determination regarding the order.

  1. Petitioner Information: Enter the name of the employer or the petitioner at the top of the form. If you have a lawyer, include their name, state bar number, and firm name.
  2. Your Address: Fill in your address, including city, state, and zip code. If you have a lawyer, provide their contact information instead.
  3. Employee Information: Write the full name of the employee who is the protected person.
  4. Court Information: Fill in the court name and street address for the Superior Court of California, County of.
  5. Respondent Information: Provide the full name, description, sex, height, weight, date of birth, hair color, eye color, age, race, and home address of the restrained person, if known.
  6. Relationship to Employee: Specify the relationship between the employee and the restrained person.
  7. Additional Protected Persons: If there are other family members or employees to be protected, list their names, sex, age, and relationship to the employee.
  8. Expiration Date: Indicate the date and time when the order will expire, which is typically at the end of the scheduled hearing.
  9. Personal Conduct Orders: Check the boxes for any personal conduct orders you wish to request, such as harassment or contact restrictions.
  10. Stay-Away Order: Indicate the distance the restrained person must stay away from the employee and any other protected persons or locations.
  11. No Guns or Firearms: Acknowledge the restrictions regarding firearms and the necessary actions to comply with this order.
  12. Other Orders: If there are any additional orders you wish to request, specify them in this section.
  13. Mandatory Entry of Order: Choose how the order will be entered into the California Restraining and Protective Order System (CARPOS).
  14. No Fee to Serve: Indicate whether you are requesting a fee waiver for serving the restrained person.
  15. Date and Signature: Finally, sign and date the form, and leave space for the judicial officer's signature.

Misconceptions

Misconception 1: The Fake Restraining Order form is legally valid.

In reality, any restraining order that is deemed "fake" lacks legal standing. Courts only recognize genuine orders issued through proper legal channels. Using a fake form can lead to serious legal consequences.

Misconception 2: The form can be filled out by anyone without restrictions.

This is incorrect. Only authorized individuals, typically the petitioner or their legal representative, should complete the form. Improper use can result in penalties or dismissal of the case.

Misconception 3: A Fake Restraining Order can protect individuals from harassment.

While the intention behind a restraining order is to provide protection, a fake order does not offer any legal protection. Only valid orders enforced by the court can provide the necessary legal safeguards.

Misconception 4: Filing a Fake Restraining Order is a harmless action.

Filing a fake order is not harmless. It can lead to criminal charges, including fraud or perjury. Legal repercussions can severely impact one’s personal and professional life.

Misconception 5: Once filed, the Fake Restraining Order cannot be contested.

This is false. A valid restraining order can be contested in court. However, a fake order lacks legitimacy, and its use can result in legal challenges for the individual who filed it.

Documents used along the form

When dealing with a Fake Restraining Order form, several other documents may come into play. These documents serve various purposes in the legal process and can significantly impact the outcome of a case. Understanding these forms can provide clarity and ensure that all necessary steps are taken to protect individuals involved.

  • WV-109 Notice of Court Hearing: This document informs the restrained person of the scheduled court hearing regarding the restraining order. It details the date, time, and location of the hearing, ensuring that the respondent has the opportunity to present their side.
  • Motorcycle Bill of Sale Form: For those looking to document their motorcycle transactions, our essential motorcycle bill of sale guidelines provide the necessary framework for a smooth ownership transfer.
  • WV-120 Response to Petition for Workplace Violence Restraining Orders: If the restrained person wishes to contest the order, this form allows them to formally respond. It is crucial for the respondent to file this document to voice their objections.
  • WV-120-INFO How Can I Respond to a Petition for Orders to Stop Workplace Violence?: This informational guide assists the restrained person in understanding their rights and the process for responding to the restraining order petition.
  • WV-800 Proof of Firearms Turned In, Sold, or Stored: If the restraining order includes a prohibition on firearm possession, this form serves as proof that the restrained person has complied with the order to relinquish their firearms.
  • MC-030 Declaration: This form allows individuals to submit written statements under penalty of perjury. It can be used to provide evidence or personal accounts relevant to the restraining order case.
  • Proof of Service (Form WV-250): This document confirms that legal papers, such as the response or notice, have been properly served to the other party. It is essential for ensuring that all parties are informed.
  • Emergency Protective Order (EPO-001): In cases where immediate protection is needed, this temporary order can be issued by law enforcement. It offers urgent relief before a court hearing can take place.
  • Judicial Council Forms: Various forms issued by the Judicial Council can be relevant depending on the specifics of the case. They provide standardized formats for filing and responding to restraining orders.
  • Attachment Forms: These forms, such as Attachment 4 and Attachment 6a(7), allow for additional details or protected persons to be included in the restraining order documentation.
  • Clerk's Certificate: This certification from the court clerk verifies that the restraining order is an official and accurate copy of the original document on file.

Each of these documents plays a critical role in the legal process surrounding restraining orders. Familiarity with them can empower individuals to navigate the complexities of the law more effectively. It's imperative to approach these matters with diligence and awareness of the available resources.