PDF Document Templates
Homepage >> Download Fake Restraining Order Template
Jump Links

Misconceptions

Misconceptions about the Fake Restraining Order form can lead to confusion and misinterpretation of its purpose and implications. Here are five common misconceptions:

  • 1. The form is only for personal disputes. Many believe that restraining orders apply solely to personal relationships. In reality, the form can be used in workplace situations where an employee feels threatened or harassed by another employee or individual.
  • 2. A restraining order guarantees complete safety. Some think that obtaining a restraining order ensures their safety. While it provides legal protection, it does not guarantee that the restrained person will comply with the order. Enforcement relies on law enforcement and the legal system.
  • 3. The restraining order is permanent. A common misconception is that once issued, the order lasts indefinitely. Temporary restraining orders are typically in effect until a court hearing determines the need for a longer-term order, which can last up to three years.
  • 4. Respondents cannot contest the order. Many believe that once a restraining order is issued, the restrained person has no recourse. In fact, respondents have the right to contest the order at a court hearing, where they can present evidence and argue their case.
  • 5. All restraining orders are the same. Some assume that all restraining orders have identical terms and conditions. However, each order can be tailored to the specific situation and may include various restrictions based on the circumstances of the case.

File Details

Fact Name Details
Form Title Temporary Restraining Order (WV-110)
Governing Law California Code of Civil Procedure, §§ 527.8 and 527.9
Purpose This form is used to request a temporary restraining order to prevent workplace violence.
Petitioner The petitioner can be an employer seeking protection for an employee.
Respondent Information Includes full name, physical description, and relationship to the employee.
Expiration The order expires at the end of the scheduled hearing date and time.
Firearm Restrictions The respondent is prohibited from owning or possessing firearms while the order is in effect.
Service Fees The sheriff or marshal serves the order without charge if based on a credible threat of violence.

Key takeaways

When filling out and using the Fake Restraining Order form, it is essential to understand its purpose and requirements. Here are some key takeaways:

  • Accurate Information is Crucial: Ensure that all names, addresses, and other details are filled out correctly. Mistakes can lead to delays or complications in the process.
  • Understand the Restrictions: The restraining order outlines specific behaviors that are prohibited. Familiarize yourself with these restrictions to avoid unintentional violations.
  • Service of the Order: The order must be served to the restrained person. This can often be done without charge if there is a credible threat of violence.
  • Compliance is Mandatory: Once the order is in effect, both parties must comply with its terms. Violating the order can result in serious legal consequences.
  • Attend the Hearing: If a hearing is scheduled, it is important for both parties to attend. This is an opportunity to present your case and discuss any concerns regarding the order.

By following these guidelines, you can navigate the process more effectively and ensure that your rights and safety are protected.

Dos and Don'ts

When filling out the Fake Restraining Order form, it is essential to approach the task with care and attention to detail. Here is a list of things you should and should not do:

  • Do provide accurate information about yourself and the respondent.
  • Do ensure that all sections of the form are completed fully.
  • Do include any additional protected persons who may be affected.
  • Do keep a copy of the completed form for your records.
  • Do submit the form to the appropriate court in a timely manner.
  • Don't leave any sections blank unless instructed to do so.
  • Don't provide false information or exaggerate claims.
  • Don't forget to check all applicable boxes related to the orders requested.
  • Don't ignore any deadlines for filing or serving the order.
  • Don't attempt to serve the order yourself; use a process server or law enforcement.

Common mistakes

  1. Incomplete Information: Failing to fill in all required fields can lead to delays. Ensure that every section, especially names and addresses, is fully completed.

  2. Incorrect Case Number: Entering the wrong case number can cause confusion. Always double-check this detail before submitting the form.

  3. Missing Signatures: Forgetting to sign the form can result in it being rejected. Make sure all necessary signatures are present.

  4. Wrong Relationship Description: Misstating the relationship between the employee and the respondent can undermine the case. Be accurate in this section.

  5. Neglecting Additional Protected Persons: If there are family members or other employees to be protected, be sure to list them. Omitting this information can limit the order's effectiveness.

  6. Failure to Specify Orders: Not clearly stating the desired personal conduct or stay-away orders can lead to misunderstandings. Specify what you want the court to enforce.

  7. Ignoring Expiration Date: Not filling in the expiration date can create uncertainty about how long the order lasts. Clearly indicate the desired duration.

  8. Omitting Contact Information: Forgetting to provide accurate contact details for the petitioner or their lawyer can hinder communication. Make sure this information is complete.

  9. Not Following Up: After submitting the form, failing to check on its status can lead to missed hearings or deadlines. Stay proactive about your case.

What You Should Know About This Form

  1. What is a Fake Restraining Order form?

    A Fake Restraining Order form is a document that can be used to create a fictitious restraining order. It is important to note that using such a form for deceptive purposes is illegal and can lead to serious legal consequences.

  2. Who can file a Fake Restraining Order?

    Typically, a restraining order can be filed by individuals who feel threatened or unsafe. However, filing a fake restraining order is unlawful and can only lead to penalties. Always seek legal advice before taking any action.

  3. What information is required on the form?

    The form requires detailed information about the petitioner, the employee (protected person), and the respondent (restrained person). This includes names, addresses, physical descriptions, and the relationship between the parties involved.

  4. What are the consequences of using a Fake Restraining Order?

    Using a fake restraining order can result in criminal charges, fines, and possible jail time. It is a serious offense that undermines the legal system and can harm innocent individuals.

  5. How long does a restraining order last?

    The duration of a restraining order can vary. Typically, a temporary restraining order lasts until a court hearing is held. If the court issues a permanent order, it can last for up to three years or longer, depending on the circumstances.

  6. Can the restrained person contest the order?

    Yes, the restrained person has the right to contest the order. They can attend the court hearing and present their side of the story. It is advisable to seek legal representation to effectively challenge the order.

  7. What happens if the restrained person violates the order?

    If the restrained person violates the order, they can be arrested and face criminal charges. Penalties may include jail time, fines, or both. Enforcement is taken seriously by law enforcement agencies.

  8. Is there a fee to file a restraining order?

    Generally, there is no fee to file a restraining order if it is based on a credible threat of violence or stalking. However, fees may apply in other situations. Always check with the local court for specific requirements.

  9. How can I report a fake restraining order?

    If you suspect that a restraining order is fake, report it to the local law enforcement agency. Provide them with any relevant information and documentation to assist in their investigation.

Fake Restraining Order Example

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)

Consider More Forms

262 Form - Inaccuracies in the odometer reading may void the odometer disclosure section.

Who Owns Geico and Progressive - Indicate whether the vehicle is currently at the repair facility with a simple yes or no.

In the state of Florida, a Power of Attorney form is essential for individuals seeking to designate a trusted person to handle important decisions, particularly concerning financial and health matters. This legal document not only safeguards one’s interests but also provides peace of mind, knowing that choices will be made in accordance with their preferences. To facilitate this process, you can find templates and guidance through All Florida Forms, making it easier to navigate the complexities of assigning power of attorney.

Emergency Custody Order Minnesota - Temporary custody can be granted for various reasons, including safety concerns.