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Understanding the Fake Restraining Order form is essential for anyone involved in workplace safety and legal compliance. This document, formally known as the Temporary Restraining Order (TRO), is designed to protect employees from potential threats or acts of violence in the workplace. It begins with the identification of the petitioner, typically the employer, and the employee who is seeking protection. The form requires detailed information about both parties, including names, addresses, and relevant personal characteristics, such as age and physical description. Furthermore, the form outlines the specific restrictions placed on the respondent, or the individual being restrained, which may include prohibitions against harassment, contact, or even possession of firearms. The TRO also designates additional protected persons, such as family members or other employees, ensuring that they too are safeguarded under the court’s orders. It is important to note that this order has an expiration date, typically set for the end of the hearing, and any violation can lead to serious legal consequences, including arrest and fines. The form also emphasizes the necessity for law enforcement to be notified and involved, ensuring that the order is enforceable and that any violations are addressed promptly. By familiarizing oneself with the details of this form, individuals can better navigate the complexities of workplace safety and legal protections.
Key takeaways
Understanding how to fill out and utilize the Fake Restraining Order form is crucial for ensuring the safety of all involved. Here are key takeaways to consider:
- Accurate Information: Ensure that all information regarding the petitioner, employee, and respondent is filled out accurately. This includes names, addresses, and other identifying details.
- Legal Representation: If you have a lawyer, include their information on the form. Their guidance can be invaluable throughout the process.
- Protected Persons: Clearly identify all additional protected persons who may be affected by the order. This helps ensure comprehensive protection.
- Expiration Date: Pay attention to the expiration date of the order. It typically lasts until the scheduled hearing.
- Stay-Away Orders: Specify the distances the restrained person must maintain from the protected individuals and locations. Clarity here is vital for enforcement.
- Firearms Restrictions: The restrained person must relinquish any firearms they possess. This must be done promptly, as specified in the order.
- Mandatory Entry: The order must be entered into the California Restraining and Protective Order System (CARPOS) by law enforcement. This ensures that it is enforceable.
- No Fees for Service: The sheriff or marshal will serve the order without charge if certain conditions are met, such as a credible threat of violence.
- Compliance is Crucial: Both parties must comply with the order. Violations can lead to serious legal consequences, including fines and imprisonment.
By following these guidelines, you can navigate the process with greater confidence and clarity. Always prioritize safety and legal compliance throughout this procedure.
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Documents used along the form
When dealing with a restraining order, several other forms and documents may come into play to ensure that the process runs smoothly and effectively. Understanding these documents can help you navigate the legal landscape more confidently. Here’s a list of common forms that often accompany a fake restraining order form.
- WV-120: Response to Petition for Workplace Violence Restraining Orders - This form allows the restrained person to formally respond to the allegations made against them. It’s crucial for ensuring that their side of the story is heard in court.
- WV-109: Notice of Court Hearing - This document informs the restrained person of the upcoming court hearing. It outlines the date, time, and location, ensuring they have the opportunity to attend and present their case.
- WV-800: Proof of Firearms Turned In, Sold, or Stored - If firearms are involved, this form serves as proof that the restrained person has complied with the order to surrender their firearms to law enforcement or a licensed dealer.
- MC-030: Declaration - This is a general declaration form that can be used to provide additional written evidence or testimony in support of either party's position in court.
- WV-250: Proof of Service of Response by Mail - This document verifies that the restrained person has served their response to the petitioner or their attorney, ensuring proper legal procedure is followed.
- Form EPO-001: Emergency Protective Order - This is a more immediate form of protection that can be issued by law enforcement, providing temporary relief until a court hearing can be held.
- Form FL-300: Request for Order - If additional orders are needed, such as modifications to custody or visitation, this form can be used to request those changes from the court.
- New York Operating Agreement: Essential for any LLC, this document establishes the operational protocols and member responsibilities, preventing potential disputes and ensuring smooth governance. For a comprehensive template, visit Formaid Org.
- Form FL-320: Response to Request for Order - This form allows the other party to respond to requests made in the FL-300, providing their perspective on any proposed changes.
- Form DV-400: Request for Domestic Violence Restraining Order - In cases where domestic violence is a factor, this form is specifically tailored to address those concerns and can be used alongside workplace violence forms.
- Form DV-410: Response to Domestic Violence Restraining Order - This is the counterpart to the DV-400, allowing the restrained person to respond to the domestic violence allegations.
Having a grasp of these forms can make a significant difference in how a restraining order case unfolds. Each document plays a unique role in the process, and knowing when and how to use them can empower both parties involved. Always consider consulting a legal professional for personalized guidance tailored to your situation.
Dos and Don'ts
When filling out the Fake Restraining Order form, consider the following guidelines:
- Do provide accurate and complete information about the petitioner, employee, and respondent.
- Do ensure all sections are filled out before submission to avoid delays.
- Do include details about any additional protected persons if applicable.
- Do specify the expiration date clearly to avoid confusion.
- Don't omit any required signatures; they are crucial for the form's validity.
- Don't use vague language when describing incidents; specificity strengthens your case.
- Don't forget to check the appropriate boxes for requested orders.
- Don't submit the form without double-checking for errors or omissions.
Common mistakes
Filling out the Fake Restraining Order form can be a daunting task, and many individuals make common mistakes that can lead to complications. One frequent error is failing to provide complete and accurate information about the Petitioner. This section requires the name and contact details of the employer, and any missing data can delay the processing of the order. Without precise information, the court may struggle to reach the right parties, resulting in unnecessary setbacks.
Another common mistake involves neglecting to specify the Respondent's details correctly. The form requires specific identifiers such as height, weight, and date of birth. Inaccuracies in this section can create confusion and may even affect the enforceability of the order. Courts rely heavily on this information to ensure that the right individual is restrained, so it’s vital to double-check these details.
Additionally, many people overlook the section regarding Additional Protected Persons. This part is crucial, as it extends protection to family members or other employees who may also be at risk. Failing to list these individuals can leave them vulnerable and undermine the effectiveness of the restraining order. Always ensure that this section is filled out completely and accurately.
Another mistake often made is not specifying the Expiration Date of the order. This detail is essential for legal clarity and enforcement. If left blank or filled incorrectly, it may lead to confusion regarding the duration of the order, potentially allowing the Respondent to act without consequence once the order's validity is in question.
Furthermore, individuals sometimes forget to check the appropriate boxes for Personal Conduct Orders and Stay-Away Orders. These sections outline specific behaviors the Respondent must avoid and the distances they must maintain from the protected individuals. Omitting these details can weaken the order's impact and leave room for misinterpretation.
Lastly, many people fail to understand the importance of filing the form with the correct court. Each jurisdiction has its own requirements, and submitting the form to the wrong court can result in delays or even dismissal of the order. It’s essential to verify the correct court name and address before submission to ensure that the order is processed without unnecessary complications.
File Characteristics
| Fact Name | Details |
|---|---|
| Form Title | WV-110 Temporary Restraining Order |
| Governing Law | Code of Civil Procedure, §§ 527.8 and 527.9 |
| Purpose | This form is used to seek a temporary restraining order for workplace violence prevention. |
| Petitioner | The petitioner is typically the employer seeking protection for an employee. |
| Respondent | The respondent is the person being restrained, typically the individual causing the workplace violence. |
| Expiration Date | The order expires at the end of the scheduled hearing unless extended by the court. |
| Firearm Restrictions | The respondent is prohibited from owning or possessing firearms while the order is in effect. |
| Enforcement | The order is enforceable by any law enforcement agency that has received it. |
| Consequences of Violation | Violating the order can result in arrest, fines, or imprisonment. |
Form Sample
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.):
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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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Home Address (if known): |
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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)